consumer right - legal advices

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The guy didn't give our prince fellow any bill. He's taken the 29k which was paid with the 'correct' cheques and also has 4 of these additional 'cancelled' cheques.

he's threatening the OP, claiming that these 4 were also part of the payment and that the OP is cheating him by claiming that they are cancelled
 
tank u @ stalker to explain in such easy way...... i tried but failed . yaa the case is same and i am in confusion how should i proof that the things which i buyed were of 28800 rs. and
what sort of role that cancelled cheques can play if i give an police complain.

as similar discussion in my friend circle.. one of my friend put put the point of the price .

i have the recept for cash payment and bank statement for cheques.

2.8 yrs go rates were same how should i proof.

my that time buy was:

c2d 2.2 ghz.

intel 945 original but gave me of jetway company with intel 945 which were cheaper as we know.

i ball black and siliver cabinat and combo kit of key/ mouse.

lg lcd 19"inch.

2.1 creative 370 sbs speakers.

160 wd hdd.

dvd lg write 20x barrcoda

512 dynet ddr2 ram.

other things i buyed from other shop after seeing is sucking A.S.S.
(after sell service)
 
stalker said:
he's threatening the OP, claiming that these 4 were also part of the payment and that the OP is cheating him by claiming that they are cancelled
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Looks like extortion via misrepresentation to me. Assuming this guy has indeed verified his bank statements.
 
blr_p said:
Looks like extortion via misrepresentation to me. Assuming this guy has indeed verified his bank statements.
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didnt understand???

what do u want to say?
 
princeoo7 said:
didnt understand???

what do u want to say?
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Extortion - he is demanding more money than required, otherwise he will trouble you.

I find the fact that he is even doing this to be quite odd.
 
If the checks were cancelled Properly, don't know why he is bothering to blackmail you. just rethink and make sure you have not missed out any detail.
And as you have no bill, consumer courts won't be of much help.
However, you did mention that your father was threatened in public. in case they threatened him using any mention of the pc, and you have payed him with check, you have everything on your side. just get the reference of a good lawyer and take him to court. there is no need for worry.
 
we say india great as their is variety in one ... thats the same case out here.

local people just watch show and if we asked them to help , they stay behind.
even if a girl is been raped in pubic they wont help.... thats the mentality of people ,mostly of 99.99% for shore.

how can i expect help from the public and what if they turn over me???

people only like to laught at others nothing lies they know....

i dont know about others but at my fathers time know one even bothered to stop and ask y r u threating him.

this is not with me only but many of us must have suffer or seen this in day to day life.
 
First of all i must say that your father is the root cause for all your sufferings. He could have just spent a little time in paying the shop owner. You must be 15 , 3 yrs back and you are sent to buy a PC and that too 420s like the pathasansthas interfere. Sheer negligence...

Now your only proofs are the bank statement and cash receipt. Approach a good lawyer and these documents will save you from the threat of that a**hole for sure....

BTW where are you put up ?
 
jith77 said:
And as you have no bill, consumer courts won't be of much help.
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And there is no way to show the full amount has been paid either ;)

Because what exactly is the price anyway. Whose word is to be believed here.
 
means u have given him 14valid cheques which was cleared and 4 cheques extra cheques which he took from u earlier.

Ur father should have gone with u to buy PC and when it was case of INTEREST/LOAN, he must have gone there, that's the BIGGEST mistake.

U didn't take the bill --- u lost a big proof.

If some ask u why should he consider that ur pc was worth 28800/-, then what will u say since u don't have any proof + u have given 4 extra cheques to him.

Both parties have +/- points... But this happened due to irresponsibility of the OP. Those type of gundas are always in search for Fishes, and he caught u.

The shop owner did a mistake, why didn't he cleared the rest 4 cheques when it was required, why he waited for 10 months to call the buyer.

U gave 14+4 cheques then he should have cleared those in 18 months. Why didnt he clear the cheques?

If ppl started doing like him(that shop owner) then what will happen, shop owners wont clear some last cheques and come after 10 years and show the buyer that total amount is 10 lakhs including interest. I hope everything will be ok for u soon...
 
damn we hv to call sherlock holmes, areey yaar do one thing goto police station explain them the case ask them to come with you and he surely will get scared, where are u from mumbai?
 
@Blr_p If it is a cancelled check, then he(blackmailer) can't make any claim on that. moreover He is also Liable to produce bill as proof of the amount he charged.
 
ya true about the bill but when at the first i asked about the bill at the time when i caried pc to my he , he said the bill is with the pathsaanstha and he will provide it after the clearns of 14 cheques for sure....

that y we didnt go the bill.....
 
What's he blackmailing you with? A legal case for bounced cheques? There's not much the shopkeeper can do, except give you empty threats hoping that you pay up.
Refer:
Laws - Negotiable Instrument Act - Section 138

Laws - The Negotiable Instruments Act, 1881

I read that, and I think the shopkeeper is required to send you a legal notice within a specified period from the issue of the cheque before he can take matters further. And the only amount you'll be liable for is the amount to the tune of the cheques...no fine, etc...unless you take the matter to court.

If the money lending organisation you used is headed by a politician, then he may bother you, but unless he sends you legal notices theres not much he can do except resort to gundagiri.

From the way I understood the act, he can't file a case against you as the cheque was submitted more than 6 months after it was issued and The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid
Since he hasn't sent you notice in writing yet, delay the matter till you're sure 1 month has passed since the cheque was sent to your bank, and then tell him to bugger off.

Also, has the cheque been presented to your bank in the first place?
 
jith77 said:
@Blr_p If it is a cancelled check, then he(blackmailer) can't make any claim on that. moreover He is also Liable to produce bill as proof of the amount he charged.
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Exactly. Even if he wants to go to court, he has to provide proof for the total amount he charged with valid bills with Sales and other taxes paid no less. All he can do is try and intimidate the OP's father. nothing more. Just get the bank statements in order detailing when the cheques were en cashed by the guy.
anfjavid said:
First of all i must say that your father is the root cause for all your sufferings. He could have just spent a little time in paying the shop owner. You must be 15 , 3 yrs back and you are sent to buy a PC and that too 420s like the pathasansthas interfere.
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Oh Please, at 15 years, the OP is not a kid anymore for his father to let him hold his little finger and escort him to the shop. He was a grown up teenager and soon to be adult and expected to at least use some common sense in such dealings. Granted that taking loans and involving a money lender is always a bad idea when it comes to buying fast depreciating items like computers, but it was nothing that could not have been handled with some common sense. That's exactly what was lacking from the OP. He was so caught up with getting his PC fast that he didn't even use basic common sense to arrive at the conclusion that that its wise to get some receipts from the dealer. This whole thing could have been easily averted if he had cared to get a proof of receipt for the cheques from the dealer. Then also the negligence with the number of cheques. How did he arrive at the conclusion that he lost the cheques? He must have counted them out when handing out the cheques. Even if he didn't count them after the dealer rejected them, didn't it occur to him that dealer might have swiped a few cheques when he missed them? Did he tell his dad the fact that he is missing 4 cheques after the dealer returned the cheques or simply that he lost 4 cheques. If he had told his dad that he is missing 4 cheques after dealer returned them, at least his dad might have got suspecting and tackled with the fellow then and there.

I too got my first computer when I was around that age and I was entrusted with a cheque for 70k no less. My mom didn't tell me anything except asking me to be careful. I too was exited by the prospect of getting my first PC, but I carefully sorted out everything with the dealer before handing out the cheque and promptly got a receipt made for the payment with a revenue stamp affixed and signature on top it. I also asked them to give me an invoice detailing all the components. When the delivery of my computer was delayed, I had everything required to cut them down to size. Its common sense to get some proof when you are handing out your money/cheques and especially if you are not going to to get the goods immediately.
 
@ iamddevil :

i dont think so as wher my father went to bank to cancel the cheques, bank manager didnt talked any thing regarding the cheques reciving...

and thank you for your valuable information on cheques...

on thats clear that he cant do much more about the cheque but what about his gundagiri ?

my father r'nt here and if he finds me on a road and as he is big by size also what action i can do ???

if he trys to pick up the fights then, plus he knows my father isnt around and so he could drag me to police which he as a friend and last time also he brought one ( 1 was police from the 5 people which came with him when we invited him to talk )
so at such situtation what shall i do ???
 
jith77 said:
@Blr_p If it is a cancelled check, then he(blackmailer) can't make any claim on that. moreover He is also Liable to produce bill as proof of the amount he charged.
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His actions seem to indicate that he feels bill amount is

19.6k + 10k + 5.6k + interest

How do you challenge that ?

When the loan was availed there might have been some sort of bill required by the loan company (pathasansta), this might be the only hope for establishing what the actual price demanded at the time was.
 
princeoo7 said:
on thats clear that he cant do much more about the cheque but what about his gundagiri ?

my father r'nt here and if he finds me on a road and as he is big by size also what action i can do ???

if he trys to pick up the fights then, plus he knows my father isnt around and so he could drag me to police which he as a friend and last time also he brought one ( 1 was police from the 5 people which came with him when we invited him to talk )

so at such situtation what shall i do ???
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Dont think a forum..or its members are going to help u out of these.
 
ya but what , if u were in my place would have done ???

whats something i want to know ???
and about pathsaasntha i even dought the their is an such pathsaasntha as i never saw any doucment on their side neither my fathet did . he jut asked the document and we just provided it.
 
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