I am from Ambala City , Haryana. I am into an ONLINE RESELLING BUSINESS . I paid ₹2000/- in the PayTm account of a VENDOR from Batala(Punjab) last month. Some dresses were to be shipped to my customers directly from him. As the dresses didn’t reach the destination , he said that the parcels were lost. Even after my requests , he didn’t share DOCKET NUMBER. And after that he shared wrong docket. While the talks were going on , he one day wrote ABUSIVE MESSAGES and Threatening Messages to me on WHATSAPP. How can i recover my money and sue him for his words? Police has called him several times for his appearance but he never does .
Should i file a private criminal complaint before the concerned magistrate? If yes then how?
Also please tell me under what sections of IPC / IT ACT is this offence made out?
You can complain to PayTM for getting the amount back and see if they can help you for returning the money that you paid. If the purchase was through the online portal of PayTM, then they may help. However, if the transaction was directly between the two of you and PayTM was used only for transfer of money, then PayTM may not of help; and in such situation, for recovering the amount, you may have to file a civil case in the court, which may not perhaps be worth the efforts since the amount involved is ₹ 2000 only.
Depending on detailed facts of your case, if the seller has acted dishonestly, then a cheating case under Section 420 IPC may also be made out. Otherwise, for abusive and threatening messages on WhatsApp, probably offences under Sections 504, 506 IPC may be applicable, depending on facts of your case. Previously, Section 66-A of the Information Technology Act, 2000, laid down punishment for sending offensive messages electronically, but now this section has been held to be unconstitutional by the Supreme Court and hence no offence can be registered under this section for that purpose.
If the police is not taking up your case or if your case is only a non-cognizable case (such as under Section 504, 506 IPC), then you can file the private complaint before the Magistrate court. You may contact some local lawyer for the procedure of filing private complaint. Otherwise, visit the local court, where you can get format of private complaint and you can directly file it in person without engaging an advocate.
Thanks a lot Dr. Ashok Dhamijaji.
You have solved my problem in the most appropriate possible way . I am very much satisfied with your advice.
I am also considering the criminal side of the complaint. I will file a private complaint before the magistrate and will update you with the events.
Thanks a lot Sir for your valuable advice and time.
You must be logged in to reply to this topic. Log in/Register