Need immediate help - online ecommerce problem
Hi, I was an employee of concentrix india pvt. ltd and we work for our client an Ecommerce giant Amazon germany. In Amazon there is a policy where if customer says that he has received an empty package or the item was missing from the package, we refund the money to the customer without any questions asked. I did the same. I ordered some products from amazon germany and after receiving the product I wrote an email to the customer service that I have not received the item or the item is missing. I resolved the contact on my own and refunded the money to my account using amazon retails system. I did this many times. Recently my manager got to know about this and caught me and other 2 persons also. I ordered a laptop and wrote an email to amazon that I have returned the laptop so please refund my money. The email contact was resolved by a friend and his manager who are an employee of concentrix. The management took the meeting of the manager and harassed and molested him verbally and made him sign the paper in which it was written that we did fraud with the company and we 3 are involved in this. Now my question is,
1. Can our company register a criminal or cyber crime case against us?
2. I normally did an order as a customer and wrote an email that I have returned the item. The email was normally resolved and refunded by my friend who was an employee of the company. (He left the company recently)
3. We purchased from amazon germany, and if not wrong but we do not lie in its jurisdiction.
4. The email are resolved as per company policy and procedures only, but the main issue is that the person who made refund is my friend. So we took the benefit of the company and its policies.
5. The client amazon germany is not informed about this. Can our company file a case that we did fraud with their client company without the client informed about this.
6. The company forged my signature on a consent form that I am coming to office on my own will on the voting day in haryana. But I was not present when the form was signed and not even informed about this. When the authorities came to check the office, they switched off all the lights and didn't let us go out. Can I sue the company for forgery and fraud?
7. It is very easy to convert black money into white and transfer money internationally in amazon. It is also easy to do forex transactions without paying anything fees to legal authorities. What can I do in this regard?
I do not want to plead them to forgive me because they are also not clean and haven't informed amazon fearing that they might lose the process. And I ordered normally as a customer like everyone does. Just because the refund was made by a friend who is an employee of the company, I am a bit worried. What can I do? Please answer all the questions and give the best advice.
Asked 3 years ago in Business Law from New Delhi, Delhi
Update : The management also demanded about 6 lacs to settle the case and let us go. But anyone can order from amazon and write an email that item is missing. The company policy says to refund the money. Then how can it be a crime? The process is transparent and refund was made as per policy. Please advice something ASAP.
Asked 3 years ago
1) you should contact a local lawyer immediately
2) do you have copy of statement signed by your friend wherein he has admitted to commission of fraud in collusion with you and another person .
3) ask your friend to immediately retract the statement as he was forced to sign the statement by the management
4) in the present case you have received the product but you misled Amazon into believing that product had not been received and pocketed the refund in collusion with your friends .
5) complaint of cheating , criminal breach of trust is maintainable against you and your friends
6) complaint would be filed by company in Delhi .
7) company will also have to inform Amazon of the fraud committed by its employees
8) if company had forged your signature on consent form during voting day you can complain to state election commissioner in Haryana against your organisation
in the present case goods have been delivered to you but it was wrongly stated that no goods have been delivered and refund claimed . hence a case of cheating , criminal breach of trust is maintainable .
better settle with the company so that no criminal case is filed.
n on-granting of paid holiday to the employees entitled
to vote on the date of the poll by the employer.
is an offence under Sec 135B of the
Representation of the People Act, 1951.
it is NonCognizable punishable with fine upto Rs 500.
Your and your friends' conduct has all the ingredients of cheating and conspiracy. Either the Amazon or your client can file a complaint against you. You have made illegal gains by misrepresentations. The policy of the company is not relevant in the episode.
Advocate, New Delhi
1. Yes, your Company can lodge a criminal as well as cyber crime case against you,
2 Your Company can file the above cases since the cause of action arose at their premises,
3. You can file a police complaint against the aothorities of the Company who has forged your signature,
4. You can write to I.Taxpartment about the saod conversion of black money to white money through amazon route.
1. You bdo not know what evidence your management is holding against you,
2. However, if you think that you have not committed any wrong or even if committed anywrong, no body6 can prove it, then do not go for the said settlemt,
3. Oterwise, settle the matter amicably.