New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

simon   25 May 2015

Bought a stolen mobile phone unknowingly that it's stolen

Dear experts,

I'm Simon and I'm from Kerela.

I bought a mobile phone 2 months back from a person through quikr website. I was quite happy with the purchase until I got got a call from Delhi police telling me that the phone I'm using is a stolen mobile phone and that they have been tracking the device, I explained to him that I got it through olx and that I was not aware that it was a stolen mobile phone. The policeman told me that he believed me and that the device sim cards have been changed quite a few times before but all the sim cards were not taken with real names. The policeman asked me to send the mobile phone through post and that once the original owner gets it back. The FIR will be taken back from the original owner and that I will be free. 

I asked the police man to send me a mail from his official id and to send me his id card as well, he didnt send me his id card but he sent me his picture in his uniform and the email id which he sent from ended with "", I also called up delhi police control room and the control room verified that he was a genuine police man after I gave his name and mobile phone number. After I was sure that he was a genuine policeman, I asked him if I can go to my local police station and submit the device and that if they can cordinate with each other. He said that might not really be helpful and the local police guy might get a hold of me saying that I've stolen the device.

Now here's my queries:

1. Can't i really submit the device to my local police station and I don't want to send the device through as it might be damaged on the way or worse the policeman might keep it for himself.? If there's a way where I can be safe and have a legal proof that I've sent the device to policeman. If yes, please tell me how?

2. I've the whatsapp conversation and the olx ad screenshot, will this help me prove that I bought the device from him? Unfortunately I didnt not get the invoice of the device nor the box. 

2. I've spoken with the person from whom I bought it from, he asked to give the device back and that he will pay me back and money. But i dont want to do that as the police has my original name and home address and it will be like im selling it back to the seller(who migt have stolen the device though he denies it and says that he bought it from somewhere else). I've found a probable solution to this, i.e. I have told the seller that we will sign on an affadavit stating that he had sold me the device through olx and that I'm selling it back to him. The seller has agreed on this, but I dont know how to draft the perfect affadavit for this. I went to my local court but they just wouldnt help and said that they do not undestand the online sell/buy forums. Please guide on this.

3. If I have a affadavit and the seller and I sign on it. Will the liability of the device now go the seller from whom I bought it from? I've already informed the policeman about this and he said that I can do this but if the device gets lost again and they are unable to track it, they will come back to me. Will the affadavit protect me in this case?

Dear experts please help me find a perfect solution to this, I've cosulted with a few local lawyers and policeman but they cant seem to find a perfect solution to this. If you need more information please ask me, I will provide all the information needed. Please help me experts I will be highly grateful to you. I want my peace of mind back.


 1 Replies

Sandeep Hegde(89 717 84 550) (Advocate)     26 May 2015

As you got to know from reliable source that the property you are in procession is stolen goods, contact the local police and deliver the same to them and get proper acknowlwdgment for the same. If they refuse to accept, send detailed email to the police station and commissioner of police and give undertaking to them that as band when the police want to size, you are ready by on deliver the same to them. Forward the same mail to Delhi police Department aalso and seek their advice.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register