• I have been defrauded by a company

Hello,
I  saw a newspaper advertisement about Bio-Gas distributorship by a company. I have given a total amount of Rs.8 lakhs for distributorship purpose on October, 2016. This company provided total of 42 domestic cylinder to me till December 2016. After that when I ask them to send cylinder or refund my money. They do not reply my phone & email. Now I have talked with few more distributors and find that they also being fraud by this company in same way as mine. This company already has taken around Rs. 2 crore from distributors and still doing the same since last 4 years. 
Proprietor of this company already threatened few distributor for not to shout in social media or digital media about their fraud.

This company has very good and strong relationship with West Bengal Govt & Police system. 
In this situation what legal step we can take against this company?

Thank You!
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

23 Answers

Contact your local consumer protection office to report frauds and scams or to get help with a consumer complaint.

you can file a money suit under the provisions of code of civil procedure.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. This company is apparently a fake or sham company formed primarily to defraud the gullible distributors like you.

2. Now to recover your money you can file case under Insolvency Code before the NCLT , Kolkata which is speedy and efficacious remedy.

3. You can also lodge complaint of cheating on which basis a FIR under section 420 IPC can also registered and the police can arrest him.

4. The law takes it own course and his relations with police or government does not make things easy for him in court.

5. If you thin that the police can take their side then file the case of insolvency under Insolvency Code before NCLT.

So feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You must immediately follow a guideline and lodge an FIR against the company without going to police station.your FIR will be lodged. All those who have been cheated should do also. Detailed discussion needed to take action properly. FIR should be well framed

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Issue them legal notice to supply cylinders as per your distributorship agreement

2) if company fails to do so sue the company for damages for loss suffered by you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Mam a recovery suit has to be filled before the civil court claiming damages and the recovery of the amount against the said group in the civil court.

You can quantify the damages and same along amount you paid need to be asked first serve them a legal notice if on notice they fail file the suit and proceed for recovery.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The legal remedies in your hands begin with filing a criminal complaint for criminal breach of trust under Section 406 IPC and cheating under 420 IPC.

2. If police does not lodge the FIR then file a private complaint case in the court of the judicial magistrate to seek directions to police to lodge the FIR.

3. A suit for recovery of money can also be filed by you in the civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firslty, as per the information stated in the present query, makes it clear that others including you want to initiate some legal action against this company, but afraid of having their good relation with the government.

Secondly, let me tell you that Law is not bound by any political party.

Thirdly, you may approach the High Court or Supreme Court also under the Writ Jurisdiction in the form of the PIL after sending them a fresh representation of listening to your grievances.

Fourthly, you may also file a police complian against the company.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Register a FIR against them for intimidation and threat along with cheating breach of.trust and.fraud in the jurisdictional police station.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your complaint should be perfect. So that proper action can be taken. Nothing is above the law

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello,

You must go ahead and lodge a FIR.

If the police is not registering the FIR then approach the magistrate and file an application under section 156(3).

If the police and government are favoring him then take recourse of the judiciary.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have a strong case to go ahead and lodge a complaint under section 156(3).

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file police complaint against the company under section 406 , 420 of IPC for criminal breach of trust cheating

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

This is my response to toy:

1. If this is happening of large scale then file an FIR along with a Criminal Writ Petition in the High Court;

2. Once the whole process is monitored by the High Court then, there is no escape;

3. Collect all evidences in your favour;

4. Ask the High Court to close down the company and reimburse the others for the loss suffered by you;

5. Consult a local lawyer and start a criminal as well as civil process.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1)Please file a criminal complaint at your local police station.

2)You can file a civil protection in high Court or you have feeling of threatening then right an application to Superintendent of Police. He is authorized person to give direction to their subordinate to protect you .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Send them a legal notice pointing out your grievances and seek a refund of your payment.

The above notice must be sent through a lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Take appropriate action under civil and criminal law against this fraud co. if they fail to comply with your legal notice.

You can send your legal notice through kanoon.com.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Madam,

Such companies must be banned and a voice must be raised at central level. You can approach CPI, High Court and even local magistrate court by filing complaints. You get cooperation of other victims and arrange for press conference and see that the company is closed for ever. And get attached his property and recover your amounts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. If the said Company has an office inj West Bengal then you and all othger cheated distributors should lodge a police complaint against the said company for cheating you.

2. If the police refuses to register FIR based on your said complaint you shall have to file a Writ Petition before the High Court at Calcutta praying for a direction upion the Police to register FIR, investigate and act as per law based on your said complaint. This will creat pressure on the said cheat company.

3. Thereafter you shall have to file a complaint case before the local District Consumer Dispute Redressal Forum against the said Compant alleging deficiency in service and unfair business practice praying for reefund of the amount paid by you with interest, damage and cost.

4,. If all the cheated distributors join hands together and if their aggregate claim amounts to more than Rs.20 l;akhs then all of them can jointly file the complaint case before the State Consumer Comission praying for the said relief. In such case, the said Company shall have to appeal to the National Commission after reciving the adverse order and not the State Commission, thus saving time for you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You shoul;d mention about all such threats in yoor police complaint and proceed as advised in my earlier post.

2. Our Country is still governed by law of our land despite the fact that the criminals might succeed in creating some initial problem.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This company has very good and strong relationship with West Bengal Govt & Police system.

In this situation what legal step we can take against this company?

You may lodge a criminal complaint against the fraudster company before the economic offences wing of district police and after that expose them and their fraudulent activities to the public through print media, press media and also through other social media networks.

Once already exposed to public, the police also may not be able to protect them, you can gather other innocent victims also to join you to lodge the complaint and exposures to the media.

Consult a local advocate and proceed as per the advice on criminal complaint as well as for recovery of your money.

\

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

We are united of 16 distributors now and we all are victims by this fraud company. This company also threatening that he may arrest us by police in some other case or he will break our house by local political authority. Thanks for all.

You may have to be vigilant about such fake cases and also may keep informing the press media about their threats as well, so that even the police would be hesitant before taking any atrocious acts agaisnt you people.

You all can put a combined fight.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You should file criminal complaint against the company for the offences of criminal breach of trust criminal conspiracy and cheating under Section 406, 120 B and 420 of the Indian Penal Code.

You can also file a suit for recovery against the company in Civil Court in order to recover your money.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If the company has defrauded a lot of other people like you, you should file a complaint with the economic offences wing of your state to investigation in this matter as it relates to an economic fraud affecting the open number of people.

Also all the distributors collectively can file and insolvency petition before NCLT in order to get the money recovered.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer