- The speediest remedy for you would be pleading for compensation before a consumer Court.
- You have to come down to India first, to visit my office to work out the modalities of filing your matter in consumer Court having jurisdiction.
- So seek appointment with me by calling [deleted]. ([deleted])
Cheating by seling wrong/ or counterfeit products
Hello, I have bought some internet security (firewalls) products from a Delhi based company, the deal was closed in my office in Noida, after we agreed on prices we sent them a Purchase Order from our branch office situated in Dubai, they invoiced/billed it from their company newly opened in Singapore to avoid the import/export as the material was going to the USA, while inspecting the found the products had a label saying it's restricted to use, which we raised to the seller and got an answer that it's just like that the material is usable in the international market, after receiving their confirmation via email we paid the invoice and collected the material and shipped it to the USA when material reached there we got a rejection from our client that its either a counterfeit material or it's only meant to use by a particular company in Delhi. we approached back to our supplier in Delhi and got 100s of promises that they will talk to their vendor and get it resolved, and make sure it's working outside its been 6 months and they stopped receiving our calls and not taking the material back, we have all communication recorded on WhatsApp and on the emails we have to take any effective action which is fast and workable please advise
Asked 6 years ago in Criminal Law
Religion: Muslim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
1. First of all lodge a police complaint against the M.D./Partenrs/Proprietor of said Company (as the case may be) in Delhi bringing the charge of cheatiung against them.
2. Thereafter file a complaint case before the District Consumer Dispute Redressal Forum (if the claim is for less than Rs.20 lakhs) againstr the said Company alleging dfficiency in service and unfair business practice claiming refund of the amount paid by you with interest, damage and cost.
You seem to have purchased the product for commercial purpose .
If that is so then you loose the scope fo exploring the most efficacious remedy by filing a case before the consumer forum.
So your remedy is file a criminal case of cheating and then a civil suit for recovery of money.
You are advised to immediately consult a lawyer along with relevant details of the matter at earliest along with complete documents, and send legal notice to the company and claim your payments back and damages also
It is a clear cut case of fraud cheating and hence you should lodge an FIR againsgvthe company and its owners for selling fake products internationally.
Regards
Sue the delhi based company to recover the money paid by you with interest
mention that goods were rejected when shipped to USA
that seller have refused to accept the goods
also file case of cheating, criminal breach of trust against seller
You can file a case in Delhi agaisnt the supplier besides lodging a crimninal complaint agaisnt them with the local police or the economic offences wing police for the offences of cheating.
You may discuss with a local advocate and proceed as per procedures ion this regard.
Hi,
You are suggested to serve a legal demand notice to refund the money along with interest within 15 days and if not returned by the company, file the case under suitable laws.
You can file a suit for breach if contract and recovery of dues. Also file criminal case for cheating
You can file criminal complaint against them under 420 of ipc and criminal breach of trust.
In such case you should approach consumer forum and file a complaint and resolve the matter else 6 more weeks will pass and you won't get any relief.
You can also get an FIR registered against him and pressureize them.
You can file a complaint against the supplier for the offences of criminal breach of trust, cheating and fraud under section 406, 415 and 420 of Indian Penal Code for supplying counterfeit products to you. Also, CC a copy of a complaint to the superior officials of the police.
However, if the Police fail to register a FIR against him, you can file a petition under section 156(3) of the Code of Criminal Procedure to get FIR registered and investigation order in this case
As the order made by you to the said supplier was of commercial nature, hence consumer complaint will not be maintainable as a company cannot be termed as a consumer under the Consumer Protection Act, 1986.
You will have to file suit for damages and recovery against the supplier in Civil Court, in order to recover your money, alongwith compensation for the aforesaid breach on the part of the supplier.
restricted to use - sufficient ground for refund. Issue legal notice.
you need to write to the state excise commissioner
this appears to be a practice to evade the applicable duties and taxes coupled with selling products not meant for commercial sale
you also have to write to the Delhi Police station within whose jurisdiction the deal was sealed
considering the cost of the product you need to decide whether you wish to lodge a consumer complaint against this company, because the litigation costs may be much higher than the product cost. Ofcourse you can always claim the litigation cost from the company and also seek damages, but those are awarded at the outcome of the consumer complaint. Till such time you will have to bear the expenses
Dear client
File a police complaint in Delhi of section 406,409, 420 IPC also for selling counterfeit products to you against the seller of the product and mention all the details of the deal between you and sample products to the police. All these sections are Non-Bailable and punishment will be of 10 years minimum with fine.
