Legal Question in Consumer Law in India

I use to get inquiry from net for memory card.I decided to go for purchase of 1000 pcs 0f 2 gb memory card from a Delhi based party .I had seen that fellow and purchased some mobiles from him before.Ihad been regularly communicating him on cell phone .That fellow send me branded 2 gb memory cards sample on my demand.On confirming the quality i order him for 1000 pcs.Deposited 1lac 35 thousand .That fellow started making excuse ,he did not send material after 15 to 20 days ,i personally have to go to him to collect .I trusted him and taken the goods.The cards were send to my client ,they checked and found all cards were bogus simply dummy cards in packing.My client was a new person and he has started this business by borrowing money from market.When i ask that fellow that his cards are fake he sald you do same what i did with you nothing will happen police wont do any thing.Irefused todo that i return my client money.That fellow promised me to replace the cards,After that he did not attend my cell phone.After 2 yrs when i went to his house he said i will not return your money do what ever you want ,there is no proof.I talk to a number on cell phone[ fellow brother] .He assured me that they have been duped by importers by 6lac and matter is pending in Honkong court.He promise to return money of me along with 6 such person .Latter on i could not contact his brother,the number did not match

what can be done.The only proof is the money which was transfer through bank and the sample cards.PLZ guide me


Asked on 4/07/13, 9:13 pm

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.04.2013

Dear Sir / Madam,

(Manjapur, Vadodara, Gujarat)

You should first lodge a Police complaint against the person who has cheated you since there is every possibility that he may be duping many people on the pretext of supplying them these memory cards and he needs to be arrested by the Police.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 4/08/13, 3:04 am
Jayesh Desai Jayesh Desai

You must have exchanged, emails or some communication, as it would be necessary to establish a contract. However you may be able to establish oral contract to initiate any action; Civil or Criminal; if you have some evidence, whether oral or otherwise. You need some evidence to initiate action.

If you do not have any evidence, the advise is do not waste further money on it.

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Answered on 4/08/13, 7:50 am


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