Criminal defamation
An agreement was entered by the franchisor and franchise was offered at a fixed amount for a term of five years. the franchisor has defined the territory :- 4.5 km radius around the premises of the franchise in the agreement entered.
the franchisor in order to receive the undue enrichments opened a another new franchise within 3 km of radius and 3.9 km ( shortest road distance) .
the advertisement phamplets issued by the franchisor for new franchise do not mention the name of the franchise. it is submitted that in the advertisement phamplet, the franchisor has given the details of the 12 premises other than the franchise name with malafide and mischeaveous intent. the new franchise is the nearest to the franchise & threshhold area is the same.
some of the customer of the franchise found the phamplet of new franchise in the news paper and asked " is this franchise is bogus one"
the reputation and image of the franchise as well as its partners/proprietor has been severely affected. the sale of the franchise is also reduced with the opening of the new franchise as the threshhold area is same.
the franchise is thinking to file civil as well as defamation case besides the damages caused by the franchisor holding the advantageous position.
please guide how to file case for civil defamation as well as criminial defamation against the franchisor.