Where And Which Case To File Against A Fraud Company? - CiteHR
Saswatabanerjee
Partner - Risk Management
Cite Contribution
Community Manager
Virmatta
Retired Cmd
Ishanpathak
Business
+2 Others

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Hi,
Last year I took a dealership of an fmcg company of Delhi, and in lieu of same I transferred 3.40 lacs of advance payment in companies account for stock through rtgs, all this time I was been told that it will be sent and upon not receiving the same for months I went to delhi and met the concerned police officer, he told me that this guy and company is a big fraud and said to file a legal case bt also refused to lodge the compalint in his station saying its of no use.
Company never gave me any written document all I have is the bank statement as proof of transfer. I am not the only one suffering from this guy. I request you to please suggest how to proceed in this case and fact track the same.
Thanks in advance.
Regards
Ishan

Dear Ishan,
I request you to speak to a legal expert . Can I connect you to one ? I know someone who can help you .
Even if you don't have any proof, the fact that you transferred the money into his account, is a proof of its own.
Lets find out how to claim your money back .

You need to go to the economic offences wing of the police department They will take action. If possible, go and get others involved to complain with you.
Dear Ishan
The bank statement is documentary evidence to determine the transaction is taken place.
But I will suggest u before go in any proceeding make sure all the conditions had been fulfil of contract signend by u and concern party whether through mail or manually.
Again put a mail to concerned party as last reminder for legal evidence.
And lodge a complaint in your judicio

You have an evidence. Lodge police complaint under guidance of an able lawyer and take the matter to conclusion before the owners disappear.
Dear Ishan,

1. File the complaint before court u/s 156 (3) of Crpc.
2. The court will issue notice to Police station and demand status report that if FIR related to this matter is registered in police station or not.
3. After getting status report and if police says that there is no FIR then the court will record the statement of complainant and look at the documentary proof (in this case bank statement and RTGS receipt with UTR), if the court think that there is a prima facia case, will order Police to registered a case and complete investigation.
4. Police will have to register the case and submit copy of FIR in the court.

Sections under which FIR can be lodged (depending on evidence available) Sec 420, 406, 120B, 467,468,471

Such cases are common in industry, wherein companies take securities/advances in lieu of dealership/C&F/Distributorship offers which are either non starters or after some time the company start ignoring their partners. This is an organised cheating, for generating capital. Such practices are followed by DRTV, Financial & other companies.

I would request all readers to share such experiences, & would also request moderator to allow naming of companies, so that such companies cannot carry on cheating activities.

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