If you are in India then not much is to be done. It is a civil dispute and any order if passed in a foreign court would not be easy to execute here in India.
In such even you may ignore such threat e-mails in future.
Foreign car rental company sending fraudulent damage charges and how to handle that
I went for a tour to Switzerland and rented a car in Sixt car rental agency. I took Collision Damage waiver insurance and during rental, they said all damages are covered. After the return and when I came back to India, they sent a mail stating there are damages to the car and I've to pay damage costs. I didn't take photograph of the car before and after delivery. I asked them to share photo proof of the car before taking delivery and they refused saying they don't keep any photographs of the car before the rental. I know for sure this damage did not happen during my rental period. But they are not accepting this. I checked online and there are many reviews stating this car rental company does it for all their customers. There are many negative and bad reviews about this rental company online. Now they are threatening me to take legal action if I don't pay the damage cost. Im not sure what to do here. Its a huge cost. Is there any way I can take a legal route to solve this problem? Can I recover the legal charges ?
Asked 10 hours ago in Civil Law
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11 Answers
This is clear case of extortion. At the time of handing over the car while you were present there, you were not confronted with damages to the car. Now while you are in India, they cannot claim that the car was damaged when it was returned. You can file a criminal complaint under Section 308 BNS for attempt to extort money. Issue a lawyer's notice stating details facts warning of legal action under civil and criminal law for extortion claiming damages towards mental agony after receiving mail.
File police complaint against rental agency for raising fraudulent claims
take the plea that there were no damages to car when you delivered the vehicle
it is only after your return to india said plea was raised
refuse to pay
Thanks for the responses. Incase I choose to ignore the mail or file a complaint in India and they are also initiating legal proceedings, will that affect my travel to this country or Europe in future or visa processing?
Asked 9 hours ago
Did they gave you any receipt that the car has been handed over?
Did you sign any contract to hire the car?
Did you sign any document after the car has been handed over to them?
G.Rajaganapathy
Advocate
High Court of Madras
The claim made by the car rental company of that country after taking back delivery of the vehicle and not whispered about the alleged damages at that time but making a claim towards that at this stage clearly indicates that the company is indulging in false claim.
Since you are in India, they will not be able to recover the claimed damages even if they obtain an exparte order from a court of that country.
They may have to spend ten times more than the claim amount.
Hence you may either ignore their claim and remain silent or issuer a legal notice through a lawyer stating that their demand is illegal especially when they refuse to furnish the details of the damage with photo evidence or any other substantial evidence to establish the facts.
Besides you have already purchased insurance policy toward any such event hence the insurance company can compensate the claim amount if at all the damages are real.
Therefore you can decide about issuing s legal notice through a lawyer elaborating the details and throwing the burden on them to prove their claim and remain silent without pursuing the matter any further.
You may instead send the a legal notice containing denial of their false claim and remain silent.
They are not the authority to stop your visit to that country in future.
In case they are taking any lgal actin, you may wait and watch the developments closely in order to defend your interests, if need be, at that stage.
Civil case if any would not affect your visit abroad
you have to file police complaint abroad
There is no question of any effect on your travelling. As mail is received in India, you are entitled to file criminal complaint in India at place of receipt of mail. Issue a properly drafted lawyer' s notice that will prevent them from proceeding further. Drafting is the key.
You can be rest assured till they file any suit against you. You can contest the same. In above situation they can’t do anything more in Indian jurisdiction
Dear Client, regarding your case on damages filed against you by the Swiss-based car rental company, you have to play your cards intelligently. Firstly, formally respond to their emails by stating that damages do not exist and asking them to come up with more proof regarding damages in terms of photographs and inspection reports. In case they fail to come up with evidence, take it back home that you had paid Collision Damage Waiver that normally limits your liability on damages. They also claim as denial of due process by not offering pre-rental pictures. Since the case of Switzerland goes with the most consumer-oriented legal procedures in Europe, take this to consumer protection authorities in Switzerland.
If they continue to threaten to sue, you may want to see an international lawyer. Ignoring their letter will only serve to make matters worse and likely result in a Swiss lawsuit. Though unlikely to directly affect your visa or travel to Europe, it could make things more difficult if judgment is rendered against you in Switzerland and enforcement is pursued through international debt collection.
If you like litigation, you can approach Indian Consumer Forum for your redressal of grievances or even contact Swiss Embassy in India for its resolution. International litigation, of course is a cost-intensive proposition. If the court comes to the finding that your grievances are baseless then attorney fees and compensations shall also be awarded against you, although the latter would depend on the international jurisprudence. Consult cross border consumer litigation attoney for advicing right and representation.
Hope that this helps you to solve your problem.
