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How to register a complain against website developer

(Querist) 03 July 2019 This query is : Resolved 
Dear Sir / Mam,

Please suggest me how to register a complain against website developer for cheating and fraud.
One website developer has cheated me on agreement documentation and toked all the developer charges by blackmail me for website, now he is not ready to return the money nether website. Please guide me what to do to inform consumer forum to take strict action against this kind of peoples.
SHIRISH PAWAR, 7738990900 (Expert) 03 July 2019
First you have to issue legal notice to developer and later on you can file consumer complaint. It is advisable to appoint advocate as opposite party will definitely appoint advocate and fight out the case.
Harshad Sakpal (Querist) 03 July 2019
Thanks for your message sir,
I wanted to know if i will issue legal notice to developer then my website will be totally block until the case solve, How will i continue with the same website with the help of other developer. please suggest
Dr J C Vashista (Expert) 04 July 2019

I agree with expert advise of Mr. Shirish Pawar.
When you are in loggerheads with any one, do you expect any facility/ favour from him/her? Answer is NO.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Ch. No 647, Dwarka Courts Complex, Lawyer's Chamber Block, Sector 10, Dwarka< New Delhi Cell # 9891152939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
P. Venu (Expert) 04 July 2019
You cannot travel in two boats at the same time.
Adv. Yogen Kakade (Expert) 04 July 2019
Send a legal notice. I think merely sending a notice shall solve your issue. If he refuses to comply even after the notice, then approach consumer court with relevant documents and evidences.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-25882888 / 09225510883
Harshad Sakpal (Querist) 04 July 2019
Dear Dr. J C Vashista Sir, Thanks for your advice. I will do the same, i am not in delhi sir, i am from mumbai, I have one question against our law, I have done nothing then also facing this problem, and the problem which i am facing because of that person, no one is taking action against him. As per P.Venu sir suggestion that i cannot travel in two boats at the same time i know that sir and thanks for your advice, but this person has cheated my taken all money from me by giving fraud reasons and commitment total 72 thousand he has taken from me.
I have describe my problem in brief below, if anyone think that the developer has done wrong with me then please help me out from this matter.
1) On 25th January 2019, I received a call from Mr. Umran Nayani regarding website development thru just dial inquiry.
2) I agreed for website development as per the features explained by him, I appointed him to start the work on 1st February 2019, I have paid him 50% amount of total amount as per agreement terms for website sides developments, mobile app development & micro site development.
First installment amount I have paid him by cheque on dated 6th February 2019, sum of Rs. 38550, under cheque number 182492 to start the work, and there was clearly mention on agreement and Mr. Umran nayani told me that remaining second installment has to be paid at the time of website delivery to my end. But suddenly on dated 7 march 2019 Mr umran nayani came to my office and asked me for amount. I told him right now I don’t have money, he reply me that if I won’t pay him then he will stop all my work, then I have arrange of rs 20000 and paid him cash on 7 march 2019 at 8:10 pm , I have text message for proof. Just because not to stop my work I have given him this amount. After getting payment from me, I have not received any single call or message from this company or this person regarding work status, just getting unwanted emails work in progress etc every day.
On 1 April I have message to Mr. Umran Nayani to provide me updates for website just because of website was totally blank, nether there logo was fitted. But instead of positive reply, he rudly told me “jada ucha awaz mai baat mat karna” then also I didn’t told him anything’s. Again I waited for whole month to get reply from their side, but no one called for updates. I have provided them logo of my company to set on website in March, but they are not able to set logo also till May ending.
For website layout , I received email from this company staff Dhanashri Chimule to final layout design for my website on 20 march 2019, they have provided me 3 layout design I have video of all, out of that I have finalized 3 layout for my website on dated 23 march 2019 at 7:28 pm, but instead of my finalized layout they have given me other layout as per their choice which was layout 2, Mr. Umran told me that he has checked the all layouts out of this 3 layouts the 2 layout is tested and working in good condition, I agreed on his words and changed my mind and told him to go with his choice which is 2 layout, but in that also Mr. Umran and team is not able to give me this layout, there are lots of errors in this website also.
3) When I talk with Mr. Umran regarding the documents privacy policy , terms and conditions, seller, buyer, return and refund policy which was on layouts design, he told me I have to pay extra Rs 2500 for each policy , total 5 policy, he has not informed me about all the charges before, he has taken rs. 12500 to draft these 5 policy documents and to do legal acknowledgement which is still not done legally, out of this 5 policy he has only done with terms & condition and privacy policy, rest shipping policy I have provided him and return and refund policy he has copied from other ecommerce website which is flipkart, as you can check on flikcart website return policy , and for buyer and seller policy he has repeated the same matter which is in privacy policy. I have paid him this amount in part as Rs. 8000 on 15th April 2019 by j.b. nagar icici bank cash transfer and rs. 4500 on 24 april 2019 by j.b. nagar icici bank cash transfer, I have both the transfer slip with me.
4) I have request him many times to complete the project, but he was not serious for the work, only he was looking for money, he always telling me that 2 staffs are appointed for my project, but the fact is that he only have 2 staff who is working for all other works, if this 2 will work on my project then my website will get ready in 1 month. Not a single staff is responding for the work status, because of not getting proper response from Mr. Umran Nayani and his developer team , I HAVE SHARE THIS PROBLEM WITH MY OTHER DEVELOPER FRIEND, HE REPLIED ME THAT the website has lots of error it in, and website max to max takes 30 to 45 days to get ready and launch in the market, but from last 3 months I am getting the same answers from Mr. Umran and his developer team that the website is in progress and will update you. I have given him 3 projects, which is website, micro site and mobile application, from last 5 month he and his developer team working in website only, micro site and mobile application work was not started.
I have emailed Mr. Umran on dated 3 June 2019 to cancel this project and return for total fees, and I was clearly mentioned in email not to go for micro site and mobile application before website get fully completely done, then also I received email from his developer team daraksha khan on dated 4 june 2019 to send logo, icon and descripton to put on the android app. I have clearly informed him not to work on this then also purposely he told his developer to email me this file, I straight forwardly email her also the same thing that website logo and function is not working still now, then how I go with micro site and mobile app.
5) When I text Mr. Umran on Monday 17th June 2019 at 11:13pm to inform him that I am coming to his office to collect refund amount for micro site rs. 8000 and android app rs 15000 by tomorrow which was Tuesday, but he postponed on Thursday 20 july 2019, today when I went to his office to collect the payment for this both project, he open the agreement and replied me badly and told me he will not refund the amount do whatever I wanted to do, I moved out from his office as i thought to do complain register against him and his company, what he has done with me from last 5 month, and what I am facing I only know. I have saved this money to start my own business, as I am working in courier right now. Today when I saw agreement again after getting reply from mr umran nayani, I noticed that he has not mention project delivery date on agreement , rest all he has mention in point no 9 for extra charger, penalty etc.
I have requested him to handover my website as it is, this is loss for me, but I have told him to return me the other android mobile app amount and micro site amount that also he is not given me back, I don’t know why he is doing like this. If he has not done any work on this then why he is not given me back money, I am not getting help from local police station also, I have complain about him, but there also he has replied to police sir back.

Currently this company is located at below address, but the person visiting card has different address and google has different.

EXCALIBUR / INFOBIZ ENTERPRISE PVT. LTD
Office no. 7, Old Nagardas Road, Raja Market,
Andheri East, Mumbai 40069
Mr. Umran Nayani – 9987908969 / 8433627346,
This person is using simcard which is on some other person name which is vinod Sharma from silver cargo movers.

Website description is
Ecommerce website development Rs. 41250/-
Android Mobile Application Rs. 15000 /-
Micro Site Rs. 8000 /-

Total paid amount to mr umran
1st payment – Rs. 38550 by cheque
2nd payment Rs. 20000 by cash
3rd payment rs. 12500 by cash for policy
Total amount paid till dated Rs. 71,050 /-
I request you to please help me , and request you to take strict action against this company and this person Umran Nayani who has cheated and fraud with me.

I have all the proof with me how he has cheated with me, i personally request you all to please check my website what he has made from last 5 months, my website is - www.letshopin.com

R.K Nanda (Expert) 04 July 2019
take help of local lawyer.


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