• Non payment of professional charges

Dear Lawyer,
I am a freelance trainer in IT. Usually trainers in IT gets business by vendors. The client will pay vendor and vendor pay to trainer. A vendor has committed to clear my payment after 1 month from training has completed. But took 3 months to complete in few instalments. For few of the other trainers he took close to 6 months.
Recently in one whatsapp group, they are preparing a vendors list who makes delay/fraud. I have recommended the vendor name with whom I got the negative experience. The vendor came to know it and messaging me as "So you are the culprit. You lied with me. Despite of the fact i received your payment after 6 month from hcl. I paid you after few days of the program. I m launching the defamation suite of 1 cr against you. If i was a fraud company then why u have been pushing me to give the business". And "I m lodging an FIR Against you and a defamation suite for tarnishing my image in one of the whatsapp group".
Can you please help me out, how would I respond him?
Asked 5 years ago in Business Law

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13 Answers

hello

don't respond to any of his emails/sms's etc. let him do what he wants. your recommendation is based upon your experience. he cannot blackmail you into withdrawing something that is true.

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

he will not do anything. barking dogs seldom bite. he is trying to intimidate you by showing something that does not exist. moreover, he will 1st have to file a complaint u/s 500. the magistrate is satisfied will send a summoning order, summoning you on a date. you can move the sessions court for revision against this order. the arrest is not so easy.

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Deny that you have maligned his reputation

2)in event any legal notice is issued you must reply to legal notice

3) request group to remove his name from list of vendors who have delayed payment

4) tender an unconditional apology

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Tender an apology and have his name withdrawn from what’s app group

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Do not worry he will not lodge complaint with Police as he is at fault himself.

2. on the contrary you can lodge complaint with police so FIR for cheating is registered against them for not paying your money fell due.

3. once FIR i registered and police looks for them to arrest , you can expect a settlement whereby you will get paid for your arrears amount.

4. This is necessary thwart them from lodging any false complaint against you as they are threatening you with this.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Sir even in case he sends you a legal notice or files a suit the truth as defence can be taken as you have not.tarnished the image but since the vendor has delayed the payment so based on that you have mentioned same. Truth is defence to.defamantion and you have proof to support your claim.therefore the claim of the vendor.wont succeed.

In reply though you can be polite or.refrain from.replying the whatsapp message or you can deny the statement on toto.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir FIR in defination case won't be registered.he has to.file.a private complaint and the magistrate shall.first examin and investigate the issue then summons will.be sent to.you. Furthermore it is bailable offence.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you have received any legal notice then you are bound to reply back denying the allegations properly.

If it is just a threatening message through whatsapp or sms then you may ignore it and await his further action or watch the developments for initiating proper legal action accordingly.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Thank you for your advice. If I have not responded to him, he may send FIR as he mentioned.

He cannot send FIR. He has to lodge a complaint with the police but on what basis?

The police may not take cognizance of the offence without any reason.

You await the summons from police for taking preventive action after that.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1) If you have made Freelancer agreement and within home many days they all have to make payment and informing to virtual whatsup of group its not defamation. Tell him its an agreement between you and him and not paying on time its void so to taking future precautions of other virtual businessmen you have helped them providing the name of vendors who are making delay in payment.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

If you have evidence of delay in payment by him then respond along with those evidences. You can easily defend the defamation suit by those evidences.

But if you lack evidences then defence will be tough.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Send a legal notice to the said person at the earliest

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

He may certainly lodge a case against you, case is false or not happens to be a matter of investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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