If you are in India then not much is to be done. It is a civil dispute and any order if passed in a  foreign court would not be easy to execute here in India.

In such even you may ignore such threat e-mails in future. 

This is clear case of extortion. At the  time of handing over the  car while you were present there, you were not confronted with damages to the  car. Now while you are in India, they cannot claim that the  car was damaged when it was returned. You can file a criminal complaint  under Section 308 BNS for attempt to extort money. Issue a lawyer's notice stating details facts warning of legal action under civil and criminal law for extortion claiming damages towards mental agony after receiving mail.

File police complaint against rental agency for raising fraudulent claims 

take the plea that there were no damages to car when you delivered the vehicle 

it is only after your return to india said plea was raised 

refuse to pay

Did they gave you any receipt that the car has been handed over?

Did you sign any contract to hire the car?

Did you sign any document after the car has been handed over to them?

G.Rajaganapathy

Advocate

High Court of Madras

The claim made by the car rental company of that country after taking back  delivery of the vehicle and not whispered about the alleged damages at that time but making a claim towards that at this stage clearly indicates that the company is indulging in false claim.

Since you are in India, they will not be able to recover the claimed damages even if they obtain an exparte order from a court of that country.  

They may have to spend ten times more than the claim amount.

Hence you may either ignore their claim and remain silent or issuer a legal notice through a lawyer stating that their demand is illegal especially when they refuse to furnish the details of the damage with photo evidence or any other substantial evidence to establish the facts.

Besides you have already purchased insurance policy toward any such event hence the insurance company can compensate the claim amount if at all the damages are real.

Therefore you can decide about issuing s legal notice through a lawyer elaborating the details and throwing the burden on them to prove their claim and remain silent without pursuing the matter any further.

You may instead send the a legal notice containing denial of their false claim and remain silent.

They are not the authority to stop your visit to that country in future.

In case they are taking any lgal actin, you may wait and watch the developments closely in order to defend your interests, if need be, at that stage.

Civil case if any would not affect your visit abroad 

you have to file police complaint abroad 

There is no question of any effect on your travelling. As mail is received in India, you are entitled to file criminal complaint in India at place of receipt of mail. Issue a properly drafted lawyer' s notice that will prevent them from proceeding further. Drafting is the key. 

You can be rest assured till they file any suit against you. You can contest the same. In above situation they can’t do anything more in Indian jurisdiction 

Dear Client, regarding your case on damages filed against you by the Swiss-based car rental company, you have to play your cards intelligently. Firstly, formally respond to their emails by stating that damages do not exist and asking them to come up with more proof regarding damages in terms of photographs and inspection reports. In case they fail to come up with evidence, take it back home that you had paid Collision Damage Waiver that normally limits your liability on damages. They also claim as denial of due process by not offering pre-rental pictures. Since the case of Switzerland goes with the most consumer-oriented legal procedures in Europe, take this to consumer protection authorities in Switzerland.

If they continue to threaten to sue, you may want to see an international lawyer. Ignoring their letter will only serve to make matters worse and likely result in a Swiss lawsuit. Though unlikely to directly affect your visa or travel to Europe, it could make things more difficult if judgment is rendered against you in Switzerland and enforcement is pursued through international debt collection.

If you like litigation, you can approach Indian Consumer Forum for your redressal of grievances or even contact Swiss Embassy in India for its resolution. International litigation, of course is a cost-intensive proposition. If the court comes to the finding that your grievances are baseless then attorney fees and compensations shall also be awarded against you, although the latter would depend on the international jurisprudence. Consult cross border consumer litigation attoney for advicing right and representation.

Hope that this helps you to solve your problem.

Dear,

I understand the distress caused by such a situation and will guide you through the legal aspects of addressing this matter effectively. Based on the facts shared, here is my professional advice:

1. Review the Rental Agreement and Insurance Terms

Your first step should be to carefully examine the terms of the rental agreement and the Collision Damage Waiver (CDW) insurance you opted for. Typically, CDW covers damages but may have exclusions, such as negligence or unreported incidents. If the rental agency assured you that "all damages are covered," they are bound by that promise under contract law.

2. Rental Agency's Obligation to Provide Proof

It is a fundamental principle in disputes like this that the burden of proof lies on the rental agency. To substantiate their claim:

• They must provide evidence of the vehicle’s condition before and after your rental period.
• If they fail to provide pre-rental photographs or inspection reports, it severely undermines their claim of damage during your rental.
• 
  Actionable Step: Draft a formal notice to the agency demanding:

  • Clear photographic evidence of the alleged damage.
  • Inspection records dated prior to and after your rental period.
  • Detailed repair estimates and invoices.

Should they fail to produce this evidence, their claim will be legally indefensible.

3. Involvement of Your Credit Card Company

If the rental charges were made through your credit card:

• Many credit cards offer rental insurance. Contact your card provider and report the dispute, explaining that the rental agency lacks sufficient proof.
• If the agency charges your card for damages without your consent, you can initiate a chargeback process with your card issuer.

4. Legal Protections Against Unfair Practices

Given the numerous online complaints about this rental company, it may fall under the purview of unfair trade practices. In such cases, you have the following options:

(a) Consumer Complaint in India

You can file a complaint under the Consumer Protection Act, 2019, for deficiency in service or harassment if the company has operations in India.

(b) Swiss Jurisdiction

If the rental company pursues legal action in Switzerland, the Swiss Consumer Protection Laws will govern. A Swiss lawyer can assist in asserting your defence, especially given the lack of evidence.

(c) EU Consumer Complaints Mechanism

You may contact the European Consumer Centre (ECC) in Switzerland, which resolves cross-border consumer disputes. This is a cost-effective way to mediate your dispute.

5. Addressing the Threats of Legal Action

If the company initiates legal proceedings:

• They must prove their claim in court with adequate evidence. Without pre-rental photographs or inspection reports, their case will likely be dismissed.
• 
  Impact on Travel or Visa: This is a civil dispute and will not impact your travel to Switzerland or Europe unless escalates to a criminal matter, which is improbable.

6. Recovering Legal Expenses

If you engage in legal action and succeed, you may claim legal costs depending on the governing jurisdiction's laws (e.g., Swiss procedural rules).

7. Next Steps

1. 
   Send a Formal Notice: Draft a strongly worded letter to the rental agency demanding proof and highlighting their lack of evidence.
2. 
   Dispute Unlawful Charges: Inform your credit card provider immediately.
3. 
   Prepare for Mediation or Arbitration: Should the dispute escalate, mediation may provide an amicable solution.
4. 
   Consider Filing a Complaint: If the agency has an office in India, initiate a consumer dispute here.

If you require assistance with drafting the legal notice or pursuing further action, feel free to consult me directly. Protect your rights and ensure due diligence in future transactions.

Warm regards,
Adv. Aman Verma
Legal Corridor
www.legalcorridors.com