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uday shah (agent)     01 November 2011

Criminal

I have purchased a Airconditioner from HITACHI for my factory in the month of april 2011,30th.

It is not working from the day it was install.Their engineers came very often after i filed my compliant to their customer care.Till date they have not resolved problem.I asked for refund and now they have stopped replying me.

I would like to file a criminal complaint against the company for breach of contract or trust.Kindly guide me under which sections i can book them.

Thanks



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 November 2011

Dear uday

there is no provision for criminal complaint. ou can file a complaint in consumer court. and get compansation.

feel free to call

1 Like

Advocate Habeeb (Advocate High Court of A.P.)     01 November 2011

Hi, Uday please file for a complaint in consumer court . You will get compensation for sure there are lot of cases against the companies for there poor service. I have seen lot of these cases and the consumer courts are in favour of consumer most of the time. 

1 Like

uday shah (agent)     01 November 2011

Thanks for the reply. Can anyone tell me "breach of trust " which act under criminal act falls.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 November 2011

Dear Uday

red it

Section 405. Criminal breach of trust

 

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".

 

1[Explanation 2[1]

 

A person, being an employer 3[of an establishment whether exempted under section 17 of the Employees' Provident funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee's contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]

 

4[Explanation 2

 

A person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]

 

Illustrations

 

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.

 

(b) A is a warehouse-keeper. Z gong on a Journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.

 

(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company's paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.

 

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

 

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

 

(f) A, a carrier, is entrusted by Z with Property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
 


 

Comments

 

Criminal Conspiracy

 

Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC).

 

Criminal breach of trust: Meaning and extent

 

It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575.

 

Entrustment

 

The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 November 2011

 

Section 406. Punishment for criminal breach of trust

 

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.


 

SURESH GODBOLE (ADVOCATE)     01 November 2011

Its Simple

Selling of Hitachi A/C  , in no way can be linked with CRIMINAL INTENT

The liability of the Seller is limited to the cost of the A/c and the inconvinience caused

You can claim that much

How can you sue him of Crminal Intent

Add your Mob Charges too in the claim in Consumer Court

Also the Companies give Warranties and not Guarantees , and that too replacement in first few years and then serive free

Rarely Refund of Cost is made a clause in the Purchase Order or the Warranty/Guarantee Card issued by the Corporates

 

uday shah (agent)     01 November 2011

Sir,

Thanks for your valuable reply.

If company does not listen to you then what ? they do not come on phone.There is no reply to any emails ??

I think this behaviour is simple to prove that the company has criminal intentions to dupe me with the cost of airconditon.sir,cost of my aircondition is rs.1,55,000/- (ONE LAC FIFTY FIVE THOUSAND ).

kindly guide me sir.

SURESH GODBOLE (ADVOCATE)     01 November 2011

Before the Goods are sold , you should have studied all the guarantees attached with product and taken it from Co in writing

After its sold , You are bound by the Gaurantee/Warranty offered by them

You cannot go beyond what has been promised

If they do not fulfill their promises , you are entitled to what you have spent and pecuniary charges

And I guarantee , if you want to purchase any such product in which the Co will give in writing their Criminal liability , I am afraid you will not be able to purchase even a Bhindi from the Market


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