Need advice on false complaint
I had given an order of some garments to a shopkeeper for my marriage. I made an advance payment of some amount to him. However, he failed to deliver the garments and later told me that I can get a refund of the total amount. Thereafter whenever I tried to contact him for refund he made numerous excuses and delayed the process.
To avoid any arguments directly, I reported the incident to local police station and filed a complaint. Knowing this the shopkeeper also filed a complaint that I am threatening him for recovering the money.
Both the parties had a discussion with the Police and the shopkeeper gave in writing (on blank paper) that he will refund the total amount within 1 month.
At the time of discussion, Police did not pay heed to the shopkeeper complaint and told him that such allegations are always made by the culprit and to solve the issue you should refund the amount. It was also decided the both the parties will not contact each other but will contact through the police.
Now my questions is, can the shopkeeper's complaint become a problem for me ?
Since we had a discussion before the police, does his complaint now hold any value at this point of time ?
What can I do to avoid any legal consequences ?
Asked 2 years ago in Criminal Law from Delhi, Delhi
sahil there are some matters which can not be solved by police and further entangles you in unnecessary disputes.You should simply given him legal notice and in case of his failure you should have raised the matter in civil court or consumer court.Do not worry about shopkeeper complaint nothing will happen as you have not done anything wrong asking for refund for your money
Advocate, New Delhi
The complaint of the shopkeeper is not relevant. Best course for you is to approach the District Consumer Forum of your area. Contact the police regarding the refund from the shopkeeper.
Thanks Rajeev & Shaveta for your reply.
My intent to inform the local Police station is to avoid any direct arguments. I have two more queries :
1. Shall I wait for the next 1 month as committed by the Shopkeeper, before going to the consumer court ?
2. How should I deal with the matter if the shopkeeper's complaint is acted upon ?
Asked 2 years ago
. if you want you can,there is no harm in waiting.do not worry for something which has not happened.you can contact when ever you face any problem.
Advocate, New Delhi
Police has no authority to deal with your complaint, albeit it can invoke the legal process on the complaint filed by the shopkeeper against you. You must understand that disputes relating to the refund of money can be dealt with by the courts alone, and the authority of police to deal with them has been specifically excluded by the law.
Police will act on the complaint of the shopkeeper only if it finds any merit in it. Furthermore, the statement given to the police has no relevance. As such, the shopkeeper may refuse to honour his promise of returning the amount within a month, in which event you shall have to approach the court for refund of your money along with interest.
Wait for one month to see if he honours his promise. If he does not, move the court for legally obligating him to refund the money.
If the complaint of the shopkeeper is acted upon and a case is filed against you then engage a defence lawyrr for your defence.
If he has not returned your money despite undertaking to police, you may approach the District Consumer Forum without worrying the shopkeeper's complaint
With regard to shopkeeper's complaint don't worry about it as the police have not taken action at the time of filing the compliant he will not give it again. Wait for one month as promised. Then heir a Advocate and send a legal notice to the shopkeeper for deficiency in service wait for 15 days for his reply and file a petition before District consumer forum as you are the customer and he promised to provide service for the consideration. it false under the consumer dispute case.