Asked in Cyber Crime
Issue them notice through lawyer demanding your money or replace the goods if they refused then File suit for specific performance of contract.
NEFT transfers are not necessarily covered under cyber law, but it might be considered a cheating case under the Indian Penal Code (IPC). Here's why: Cyber Law vs IPC: Cyber Law deals with crimes committed through the internet or electronic devices. Since NEFT is an electronic transfer, there's a connection, but the focus here is on the fraudulent transaction, not the mode of transfer. Cheat under IPC: The manufacturer's action of taking money without delivering the product and not returning it can be construed as cheating under IPC Section 419. Here's what you can do: File an FIR: Report the incident to the police by filing an FIR (First Information Report) at your nearest police station. They will investigate the case based on IPC sections. Gather Evidence: Collect evidence like copies of the NEFT transaction receipt, any communication with the manufacturer (emails, messages), and any proof that you ordered the product. For future reference: Verify the seller: Before making online transactions, research the seller's reputation and legitimacy. Use Secure platforms: Consider using online marketplaces with buyer protection policies for added security. While cyber law might not directly apply in this case, you can still pursue legal action through the IPC. Remember, it's always best to gather evidence and report such incidents to the authorities.
You can file a consumer case against the manufacturer as our parliament enacted a new consumer law where the right of the consumer is protected against deficient service in direct selling. You have the right to file a case . You can contact me for more information in this regard.
Cheating. Lodge FIR against him and a suit for compensation
Dear Sir, You have two options. You may lodge complaint with police but not under cyber laws. It is a cheating case. Secondly, you can file a civil suit by issuing a legal notice and recovery the said amount with interest.
Serving him legal notice at initial stage is shall be considered then matter shall be escalated. It is not a fit case of cyber crime. For further discussion you are free to approach. Thanks.
First of all rather than going legally you should serve him/her a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if he/she fails to give you a satisfactory reply then you can anytime file a recovery suit in the court to claim your money back along with compensations.
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