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.....