• I feel financially harassed by Drivezy. What is the best thing to do?

Hi, I had rented a bike from drivezy - a bike rental company. 
I rented the bike for 1 and half month. 
Rent per month was approximately 3000/- 
Due to certain unavoidable situation I returned the bike 12 days late. 
Now drivezy asking 14700/- penalty. 
I offered to rent the bike for next 5 months , pay 15000/- and not pay the penalty but they refused.
I paid 2000/- I haven't paid rest 12700 yet since one year.
They also send me a legal notice asking around 25000/- with in 15 days else they will do criminal and civil proceedings infant of competent court of law.

What should I do?
Asked 3 years ago in Consumer Law

2 answers received in 10 minutes.

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27 Answers

1) penalty is exhorbitant 

 

2) what is clause in your agreement regarding levy of penalty charges ?

 

3) reply to legal notice denying liability to pay Rs 25000 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You reply to the notice let them file a case it's not maintainable. Don't worry

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

- Since you had taken the said bike @ 3000/- per month , and hence you are liable to pay only Rs. 1400/-for returning the bike 12 days late. 

- Hence, the said demand of asking 14700/- is against the law and contract , specially if there is no written agreement entered by you with that company. 

- You should stop to pay any amount to him , and further ask for refund the extra amount paid by you.

- You should reply the said legal notice and thereby ask to refund the extra paid amount by you .

- Legally no case is made out in the absence of any written contract . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Reply them by stating that they are asking the money illegally and you will file a complaint against them for extortion and harrassment 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Wait and watch.  Your reaction should be after their taking any action.  Let them take any action as mentioned in their legal notice.  In case they file suit for recovery in the court, you will receive summon alongwith copy of plaint and documents relied upon. Hire a local lawyer and file your written statement. At this stage, they would come for compromise.  To me it seems to be a jackal threat.  Relax.  Take action when required.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

The demand of App bike pool is not only unjustified but illegal as well. 

Since didn't pay the extra amount forget the notice. 

No case is going 3be filed as such expenses would be more than what is asked from you.

No criminal case can be initiated as well.  The threshold empty one to say the least. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

Dear sir,

1. Do not pay any further amount. 

2. Reply to the legal notice stating the details you have mentioned above. Mention that the amount demanded by them is exorbitant and illegal, reasonable compensation for delay has already been paid and that you will not pay any additional charges whatsoever. 

3. According to the legal principles, no criminal case is made out and you are liable to pay a compensation of approx Rs. 1500 only. Their legal team would be aware of this, and is unlikely to institute any proceedings.   

4. Legal Notice is usually a last attempt to threaten and recover the amount. Do not worry!

Best wishes.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Reply to the legal notice through an advocate. 
no need to pay any amount . 

case is not maintainable . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Don't rwply to their legal notice. Instead send a legal notice stating that their conduct reflects deficiency in services and cheating and hence yu will file  a complaint against them in the consumer forum in case they do anything rash.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Without going through the agreement it is difficult to say anything but would lije to request you to send them a reply duly drafted by a lawyer. The amount is exorbitant and a fit case of business malpractice for which you can sue them in a consumer court.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Definitely you have to reply the notice. 

Can you Please discuss core issues of legal notice and its contents in detail to enable me to guide you for further and future course of action. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

It is important that you send them a response to their legal notice. It is advisable that this reply is sent through a lawyer wherein you will have to meticulously oppose their exorbitant claim/penalty  on account of the late handing over of bike. There’s a great possibility that post your reply, you and driveazy will be able to settle this amicably. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Have you read the terms and conditions if signed any document at the time of rental, if there is any clause of such penalty then you must pay otherwise reply the notice that they are only entitled for 12 days payment not any more if they file any case , they will file before the consumer forum where you can fight by paying much lesser amount as fees of the lawyer.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

Calm down. First of all it is not a criminal case. Secondly for such small amount no advocate file a suit for recovery. Even if filed it will take years together. Get issue a fitting legal reply. Even then if the approach the Court by filing a suit you have get aware its procedure as follows. Be strong and fight personally. No advocate is necessary Courts are not running regularly in this Covid period. Discuss.

=================================================================

 

Procedure For Filing/Defending a Civil Suit/Case

 

There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the registry has a right to dismiss the suit

 

The Procedure is as follows:

Filing Of Suit/Plaint

Vakalatnama

Court Fees

How Proceedings Are Conducted

Written Statement

Replication By Plaintiff

Filing Of Other Documents

Framing Of Issues/List Of Witness

Final Hearing

Appeal, Reference And Review

Limitation

Filing of Suit/Plaint

  1. In layman's language plaint is the written complaint/allegation.
  2. One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant"
  3. The plaint has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double line space.
  4. Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly mentioned.
  5. Plaint should also contain verification from plaintiff, stating that, contents of the plaint are true and correct

Vakalatnama

  1. A person/party filing a case, May also represent their own case personally in any court.
  2. However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.
  3. " Vakalatnama", is a document, by which the party filing the case authorises the Advocate to represent on their behalf?
  4. On General Terms, a Vakalatnama may contain the falling terms:
  5. The client will not hold the Advocate responsible for any decision.
  6. The client shall bear all the costs and/expenses incurred during the proceedings.
  7. The advocate shall have right to retain the documents, unless complete fees are paid.
  8. The client is free to disengage the Advocate at any stage of the Proceedings.
  9. The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.
  10. Vakalatnama is affixed on the last page of plaint/suit and is kept alongwith court records.
  11. No fees are required to be paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. "Advocate Welfare Stamp" to be affixed on the Vakalatnama.
  12. Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act."

Court Fees

Different amount of court fees is paid for different type of documents.

 

Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide whether the proceedings should continue or not. If it decides, that the case no merits, then it will dismiss it there itself, without calling opposite party. If it decides otherwise, then proceedings shall being

How Proceedings Are Conducted

  1. On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date.
  2. On issuance of notice to the opposite party, the plaintiff is required to do the following:

    1. File requisite amount of procedure--- fee in the court.
    2. File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed.

  • Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post.

  1. Such filing should be done within 7 days, from date of order/notice.

Written Statement

  1. When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.
  2. Before such date, the defendant is required to file his "written statement", i.e. his defense against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court
  3. The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.
  4. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.
  5. The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.

Replication By Plaintiff

  1. "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.
  2. "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted.
  3. Replication should also contain, a " verification" from the plaintiff, stating that contents of "Replication" are true and correct.
  4. Once Replication is filed, pleadings are stated to be complete.

Filing of Other Documents

  1. Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims.
  2. Any document not filed or produced cannot be relied upon, during final arguments.
  3. Filing of Documents is not sufficient. They should be admitted and taken on record. In brief the procedure is as follows:

    1. Documents filed by one party may be admitted by opposite party.
    2. If they are denied by opposite party, then they can be admitted by the witness produced by party whose documents are denied.

  • Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document. (O13 R49 7)

  1. Documents, which are rejected i.e. not admitted, are returned to the respective parties.
  2. It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Framing of Issues/List of Witness

  1. "ISSUES" are framed by the court, on the basis of which arguments and examination of witness takes place.
  2. Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".
  3. Issues may be of: A) Fact or B) Law
  4. While passing final order, the court will deal with each issue separately, and pass judgement on each issue.

LIST OF WITNESS

  1. Whichever witness, the parties wish to produce, and to be examined, has to be produced before the court.
  2. Both the parties to the suit shall file a list of witness within 15 days from the date on which issues were framed or within such other period as the court may prescribe.
  3. The parties may either call the witness on it's own, or ask the court to send summons to them.
  4. In case court send summons to witness then the party calling for such witness has to deposit money ' with the Court for their expenses, known as "Diet Money".
  5. A person, who does not appear before the court, if he is required by the court to do so, then the court may impose fine and penalty on him.
  6. Finally on the date, the witness will be examined by both the parties.

    1. Examination by party of it's own witness is called "Examination-in-chief"
    2. Examination by party of other party's witness is called "cross Examination".

  • Whatever, has to be deposed in " Examination-in-chief", can also be filed by way of an Affidavit.

  1. Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.

Final Hearing

  1. On the day fixed for final hearing, the arguments shall take place.
  2. The arguments should strictly be confined to the issues framed.
  3. Before the final Arguments, the parties with the permission of Court, can amend their pleadings.
  4. Whatever is not contained in the pleadings, the court may refuse to listen.
  5. Finally, the court shall pass a "final Order", either on the day of hearing itself, or some other day fixed by the court.

CERTIFIED COPY OF ORDER

  1. Certified copy of order, mean, the final order of court, and having the seal and stamp of court.
  2. Certified copy of useful, in case of execution of the order, or in case of Appeal.
  3. Certified copy can be applied by making an application to the Registry of concerned Court, alongwith nominal fees for the order.
  4. In case of "urgent requirement some additional amount has to be deposited.
  5. "Urgent order" can be obtained within a week, and the normal might take 15 days.

Appeal, Reference and Review

When an order is passed against a party to the suit, it is not that it has no further remedy.

 

Such party can further initiate the proceedings, by way of:

  1. Appeal,
  2. Reference, or
  3.  

In brief, the technicalities and difference between these are as follows:


APPEAL

APPEAL FROM ORIGINAL DECREES

(Sec.96)-  

In general, an appeal lies from any decree passed by the   court.

(Sec 96)

In cases, where the value of suit does not exceed  Rs.xxx An appeal can be filed only on a question of law.

(Sec.96)

When a decree has been passed against the Defendant as "Ex-Parte", i.e. without his appearance, no appeal is allowed 

(Sec.96) 

When an appeal is headed by two or more judges, then the
majority decision shall prevail.

 

In case there is no majority, then the decree of lower court
shall be confirmed.

 

In case, the number of judges in the court, where appeal is filed is more, than the number of judges hearing the appeal, then if there is a dispute on a point of law, such dispute can be referred to one or more judges.

 

PROCEDURE FOR APPEAL FROM ORIGINAL DECREES ( ORDER 41)

  1. The appeal shall be filed in the form prescribed, singed by the appellant, alongwith a true certified copy of the order.
  2. The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.
  3. If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security.
  4. A ground/objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court.
  5. Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.

Limitation

  1. For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.
  2. For appeal, in case of a decree passed by lower court in civil suit, the limitation is:

    1. Appeal to High Court- 90 days from the date of decree or order.
    2. Appeal to any other court- 30 days from the date of Decree or order.

  3. In case there are more than one plaintiffs or defendants, then any one of them can file on appeal against all of them respectively.
  4. Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.
  5. In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.
  6. The court may require the appellant to deposit some sort of security.
  7. The appellate court may, on the day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day.
  8. If on the first day of hearing, appellate court issues summons to the opposite party, then:

    1. It shall fix a date for next hearing, and such date shall be published in the court house.
    2. Notice shall also be sent to the lower court, whose decree or order has been appealed.

  • To appellant is required to file " Process Fee " which is very nominal in amount, and on such filing, the notice shall also be sent to opposite party.

  1. In case of appeal, the one who files the appeal is known as appellant, and against whom it is filed, is known as "Respondent".

 

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. You have an positive option to file a grievance petition against the "drivezy", in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

2. In the matter mentioned by you, "drivezy" CANNOT initiate any Criminal case on you, in any manner whatsoever.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If you have given in writing that you will pay balance amount in 3 months you should make payment as agreed by you 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

No contents. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

My advice remains same.  Only add criminal case under section 406 IPC as well .

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

I can only vet the said legal notice if you approach me separately for the same. For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

I have gone through the documents. 

My answer still remains the same.

They are charging exorbitant amount and the same is impermissible according to law. The law states that the injured party can only claim reasonable damages. If they go to the court, the law will prevail over these terms and conditions. 

If at all the situation arises, you defend putting your signatures by claiming that they were made to sign under duress in order to let you go. 

Most probably they will not move to the court, if at all they do (rare possibility), you wont have to pay so much amount. 

Do not worry.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

- Legally they cannot keep your original driving licence for the said services. 

- Further, the said declaration given by you for paying the amount is also not having any value , you can refuse the same .

- Lodge a complaint before the police for extortion of money against him and for keeping your licence. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Links are not active 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you have already assured and promised them that you will give them money then they will use that.

You may lodge a criminal complaint against them that they have taken your driving licence and are not returning it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If they have sent you a legal notice then you issue a reply notice denying their allegations.

If there is no such clause in the agreement or if there is no agreement at all then you need not be worried about it.

Moreover demanding money through legal notice would not attract provisions of criminal law, hence if at all they intend to go to court they may have to file a civil case for recovery.

This being a meager amount they may not spend double the amount to recover this paltry amount.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You can demand the return of your DL held by them which is an illegal act, if they refuse to return then you may lodge a criminal complaint agaisnt them with the police for the extortion offences besides illegally retaining your DL. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You should reply to the notice that you are ready to pay rent for period for which the bike was kept by you after agreed term but will not pay penalty as it was not disclosed by your executive at time of delivery of bike.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The amount requested for is highly exorbitant and unreasonable. Reply to the legal notice. You should claim that neither you were shown the terms and conditions of the contract while booking neither you were verbally informed about the same. So such terms and conditions are not binding upon you. Also proceed to file a case under the consumer protection act claiming compensation for unfair trade practices by the company. They can't retain your license once bike is returned. Also seek direction from the court in an interim application to return your DL. 

You may also claim that the note and signatures on the book were obtained under duress and they made you write saying that if you don't write we will cease destroy your license.

For a company like this you should go on the offensive. File a consumer case immediately and you may also file a criminal complaint against them for criminal breach of trust under section 405 IPC. 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

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