• Cheating a big company Sysak Led

Case History

1.	Comfort Consultants Inv 142 dt [deleted]: Supplied to Taywade College ([deleted], [deleted]) 32 numbers of SKC-BLC-200W for the total Amount of Rs. 540000.00
2.	Tayawade College reported non- functioning of 10 numbers of drivers.
3.	Syska company dispatched Mr. Deepak Bhoyar (Service Engineer -[deleted]) to Taywade College and reported that it was the mistake of Taywade College while connecting. He also supplied some photographs. (E-mail from Amit Jain, Syska Manager at that time dt 15-12-15
4.	There was no written communication from Syska to the College with a copy to Comfort Consultants whether the failure of drivers was acceptable in in product warrantee warranty or not, Syska Supplied 10 numbers of drivers.
5.	In the meantime, Taywade College was in hurry to inaugurate their sports complex where these lights were installed.
6.	Mr. Amit Jain, ([deleted]) Syska Sale Manager, instead of insisting that the college must agree in writing that the drives will be replaced with payment, he tried to oblige College management by urgently arranging the replacement drivers and supplied to the college by passing Comfort Consultants.
7.	When we received an invoice from Parekh infocomm ([deleted]) at time we realized that the drivers were supplied to the college without our knowledge and consent that on chargeable basis to Comfort Consultants. Then as a matter of business process, we raised an invoice no. 152 dt 30-12-15 for Rs.76590.00
8.	Then we approached college management and then they replied to us on [deleted] that they will not pay for the drivers since they considered that their replacement must be within warrantee. This was forwarded to Syska but they never refuted the claim Taywade College in writing.
9.	In the mean time we were discussing with Amit Jin, who said that Mr. Pradeep K Deshmukh ([deleted]) the Electrical consultants to the College had agreed in his presence that drivers had failed due to mistake of college.
10.	We approached Mr Deshmukh who wrote to us on 8-7-16 that the drivers did not fail due to college mistake.
11.	In the meantime, initially Mr. Amit Jain was transferred by Syska out side Nagpur and then was asked to resign.
12.	Then in place of Mr. Amit Jain new manager was Mr. Rajendra Demonkar ([deleted]) joined as office manager. Who promised me that he will request Syska company to withhold from the End of Service benefits payable to Mr. Amit Jain because he did not make sure that company will be paid for the drivers.
Asked 4 years ago in Criminal Law
Religion: Hindu

10 answers received in 1 day.

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17 Answers

What is your query ?

You have merely mentioned facts but not your query

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

complaint in police station is only for punishment not for recovery of money

2) you have to file civil suit to recover your money

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

contract entered into between parties would contain clause regarding jurisdiction

2) suit can be filed in Nagpur as goods were delivered at Nagpur

3) syska , Taywade college , Parekh info are proper and necessary parties to the suit

4) suit would take around 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

if drivers supplied failed during warranty period liability is of manufacturer to replace them during warranty period

2) the issue is whether drivers were defective or not

3) you can file police complaint of cheating against syska but police may decline to entertain your complaint on grounds that dispute is of civil nature

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The the said companies are the service providers you can approach the consumer forum against them. If not then you have to file criminal prosecution against them.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Ask precise and in short.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

The Supreme Court has consistently held that for the matter of recovery a civil suit has to be filed and no action can be taken by the police in such cases.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Definelty you can file a case of cheating against the company and its director, but thee same will result into a punishment for them and recovery will not be made.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file a civil suit at the place where the HO or Branch office of the company is situated.

Case will be filed against Syska and Parekh Info comm, Taywade College will be made the pro forma party

It will take 4-5 years for the case to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Contact a local lawyer with all the relevant documents and file the case at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

12. Then in place of Mr. Amit Jain new manager was Mr. Rajendra Demonkar ([deleted]) joined as office manager. Who promised me that he will request Syska company to withhold from the End of Service benefits payable to Mr. Amit Jain because he did not make sure that company will be paid for the drivers.

On whose behalf are you raising this query, whether on behalf of the college of comfort solutions or syska and what is your query, if the company which is concerend with the replacement expenses is silent, if you are not affected by this service transaction, then what is your concenr about this?

or what releif do you expect and from whom, you may revert with details for more proper opinion to your query.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

16. If Syska believes that Drivers were damaged because of mistake of College then they should have written an official letter asking for payment.

17. In absence of any written communication, there is no other interpretation that the Syska Agrees with the college that the drivers were replaced within warrantee.

You can send a written communication to the syska agencies in this regard and ask them to compensate the losses you suffered and also to be careful on all such future issues.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

what can do to recover this money? Can I go to police station and complaint as written here?

The police may not interfere on such issues.

You may send a legal notice to the company in this regard and demand compensation for the losses you suffered.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

How can file a civil suit? Head offie of Syska is in Pune and they hace local office in Nagpur. Who will be respondents? Syska, Taywade College, Parekh Info comm (Syska,s super stockist at that time)? What will be expenditure? time frame?

You can file a recovery suit agaisnt the company which aggrieved you or the the companies which have joined together to cause you the current loss.

The college may not be a necessary party until and unless you have a claim against them.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Can I not a cheating case against Syska in a police station for not providing any written claim / dispute against Taywade College/ Comfort Consultants and for charging Comfort Consultants; by not arguing against claim of Taywade College in writing, have they not accepted their claim for free replacement against warrantee?

No criminal complaint is maintainable.

If the syska agency is not compensating you for the payment you have made in this regard, then you can raise all these legal issues in the trial proceedings of the court where this recovery case is going on.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

you can file a consumer complaint with the district court,

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Approach the Police Station and move a detailed complaint with a request that the FIR a registered and the concerned officials of the this Company are booked and tried.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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