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Praveen Kanodia (Nothing for now)     18 August 2024

Received legal notice from a online shopping company for ordering cod products and receiving for fre

dear sir/mam I already made a query about this problem and at that time I did not receive the written legal notice from the company but now I have which I received on 04/08/2024. I am writing down the summary of that legal notice.

1. The legal notice, issued on behalf of X person. owner of XYZ company accuses me of fraudulent activities involving multiple purchases made via cash on delivery (COD) from the client's online platform. The recipient allegedly used fake names, email IDs, and phone numbers to order high-end products between June 9, 2024, and July 11, 2024, amounting to ₹1,00,812. Despite receiving eight out of nine orders, the recipient did not pay for the products and avoided communication with the client.

2. Upon being confronted via email, the recipient admitted to the fraudulent activities, involving themselves and their friends, and promised to return the products. However, the client refuses to accept the return due to their strict no-return policy, especially since the recipient only reported defects after being caught.

3. The client is now gathering further evidence, including tracing delivery agents and email accounts, to establish the connection between the recipient and the fraudulent activities. The notice warns that the client will initiate legal proceedings, including filing a police complaint for criminal investigation under Section 318 of the Bharathiya Nyaya Sanhita, which deals with cheating and dishonest delivery of property. Additionally, the client may approach the Economic Offences Wing (EOW) in West Bengal and apply relevant sections of the IT Act, 2000, for cyber fraud.

4. The recipient is given 15 days to resolve the issue by paying the amount owed to avoid further legal complications.

 

now first of all I did not use any fake names or addresses as they're saying. all are valid. On my own, I ordered 3 products and my friends made 5 orders on their own. it was their staff's processing mistake as they thought that the orders were placed on prepaid even though their website has a clear option to place them on COD which is odd because no small company usually gives COD options on 10-15k worth of products. Of those 8 orders, 3 non-working/used, and my friend has WhatsApp proof where their staff told my friend by themselves that the 1 product was used and a little bit damaged which proves that they intentionally sent used/damaged items,  4 are still sealed condition which i dont know good or not. rest one is used by me which was the first order. when I first received the threatening message in the email I firmly told them that I would return those products for which I am liable, and offered to rectify the situation but now they are asking for the full amount and threatening for BNS 318 criminal lawsuit. I genuinely never faced this type of issue because I don't have any criminal record. I need to send them back a reply by tomorrow as they sought the amount from me within 15 days. i talked with my local advocates, some of them told me to not to do anything and some of them asking me huge amount of money for reply them back and handling the case. please tell me can I get convicted by any crminimal case in this situation or not..... 



Learning

 7 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 August 2024

This is a complicated case calling for evidences for claims made by either side. Only a court of law can settle the matter. You engage a good criminal lawyer, take his advice and proceed further.

Praveen Kanodia (Nothing for now)     18 August 2024

Sir i do not have any good criminal lawyer by reference and the others i tried to contact nearby are asking for huge amount of money😢😣

T. Kalaiselvan, Advocate (Advocate)     19 August 2024

Since this matter has already been escalated through legal sources, you cannot remain idle about it.

The allegations are very severe and it is punishable offence under criminal law.

Therefore instead of agitating over the issue and as you are not able to pay the lawyer fees, better admit the allegations and make the payment for the items purchased on your name alone.

Let your friends pay for their products. 

Praveen Kanodia (Nothing for now)     19 August 2024

Sir I really appreciate your answer and POV once again. I recieved some products damaged/non working. Should i pay for those as well or address the mistake to the seller😣 that's gonna be a pain to me because they're intentionally did this and i have proof too but....

Dr. J C Vashista (Advocate )     19 August 2024

Either admit allegation(s) and comply demand of the client, if your product is faulty otherwise reply notice and contested the case.  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 August 2024

Which is the court jurisdiction? Where is the Company located?  Where are you located? If the court jurisdiction is away from your place of residence, you really have a problem. The case is so complicated that it is not easy for the company either. They may be willing for a negotiated settlement. But for a negotiated settlement, there has to be a dialogue. In the case of online transactions communications are mostly one way and it is difficult to talk back. You ask them for a telephone number to talk back. Explore if it is possible to meet the authorised representative of the company. Your case is dfficult without an able lawyer on your side.

Praveen Kanodia (Nothing for now)     19 August 2024

Whatever I'm gonna try to do they gonna say we have collected it as an evidence 🙄🥲


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