• Response to legal notice required

I had requested services from a job consultant regarding international job opportunities. I had paid a heavy amount as well, however after being patient with them for a while I requested for a refund as they were unable to help me. Despite repeated requests and emails they did not refund me my hard earned money. As a last resort I uploaded the whole email communication on consumercomplaint.in, and then they proceeded with a refund.
However few days ago I got a legal notice that the post on the consumercomplaint website needs to be withdrawn and I need to furnish an unconditional apology as I had defamed them on a public forum.
I now need help and advice how to respond to them properly as this in my opinion is very unjust and unfair.
Please advice, I don't live in India so I cannot visit a lawyer in Delhi personally.

Regards,
AP Singh
Asked 4 months ago in Civil Law from Delhi, Delhi
You can request the consumer complaint website to withdraw your post 

2) in the alternative if it is not possible to withdraw the post then you can post an update that dispute has been amicably resolved and full refund has been received by you 

3) then contact a lawyer and reply to the legal notice that post has been withdrawn or up date posted that dispute had been amicably resolved as full refund received by you 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
1) you can reply to the legal notice mention that the website dies not permit withdrawal of posts uploaded 

2) that you have posted update on the post that issue has been amicably resolved and refund received 

3) you should  deny that you have defamed the consultant . You were forced to upload post on consumer website as repeated requests for refund were rejected . Only after post was uploaded that consultant refunded your money 

4) truth is the best defence in defamation cases 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Hello,
1) You need to send a reply to the legal notice you received as that is the first platform for a suitable reply and a your first defence.

2) In your reply, if you have access to the post, offer to have it taken down as the purpose has been served. If you do not have access, let the consultant know of it.

3) You don't owe any apology to them and you need not oblige.

4) You don't need a lawyer in Delhi for replying.You can contact one of the panelists on Kaanoon site and take his/her services over the phone and online.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
Truth is the biggest defence to a prosecution for defamation. The very fact that they initiated the refund demonstrates that you posted true facts on the portal, which you are not bound to remove. Be that as it may, reply to the lawyer's notice through your lawyer. You are free to engage any lawyer from this portal to reply to the notice.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
The lawyer may be from anywhere in India.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You are rightly lodged consumer complaint. No need to withdraw consumer compliant. You have to give suitable reply stating that,  after availing and exhausting all the options / remedies available with you including several oral reminders and email corresponding only you have lodged consumer complaint by stating all factual facts. You have proceed with consumer complaint and claim for amount received unjustified by the consultant, if you are unable to appear before consumer fora personally, you can appear through advocate / special power of attorney (SPA). You can also file a criminal case against consultant for cheating, dishonest intention etc., before concerned police station. you have to approach a advocate at Delhi.    
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
However few days ago I got a legal notice that the post on the consumer complaint website needs to be withdrawn and I need to furnish an unconditional apology as I had defamed them on a public forum.
I now need help and advice how to respond to them properly as this in my opinion is very unjust and unfair.
Please advice, I don't live in India so I cannot visit a lawyer in Delhi personally.

The demand in their notice is unjustified.

Infact it is because of this consumer case that they have come down to refund the amount paid by you to them.

You can give a strong reply through a lawyer denying all the allegations and also refusing their condition to tender the demanded apology.

For this service you need not come down to India.

You can choose a lawyer, engage his services for giving a suitable reply to this notice and these instructions can be given from the country where you are residing now  to your lawyer, who will take care of the issue and do the needful.

You should furnish  complete details of the case  to the lawyer who you would like to engage for giving a strong and proper reply to the notice.
T Kalaiselvan
Advocate, Vellore
14147 Answers
127 Consultations
5.0 on 5.0
please can you help me with a lawyer who can help close this matter asap. I'm not sure if the lawyer has to be from Delhi.

Since you have filed a consumer case through a lawyer, if it is feasible, you can engage the services of the same lawyer or else it is not necessary that you should engage a lawyer from Delhi only.  You can engage a lawyer from any part of the country for this purpose if found suitable to your choice.
T Kalaiselvan
Advocate, Vellore
14147 Answers
127 Consultations
5.0 on 5.0
Dear Querist
The contents of the complaint are very easily important for advise, and the contents of legal notice is related to reality or not?

It will be better to contact over the phone or mail me your details after paying consultation fee.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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