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kapoorsatish (n/a)     11 May 2015

Cyber law in case of deleting contents in website by hosting

My website hosting service provider after getting payment and hosting website while maintining his server deleted my website, when i approached , he said by mistake all codes and contents have been deleted accidently and requested me to provide codes if with me or my previous servie provider.

I arranged codes and gave him, he uploaded website with all contents missing 9people who had registered at my website) and properties posted at my website.

Besides above he deleted new registeration of members on website posting of property etc, I requested him to complete the website, he refused

i sent him notice by post as well as email, he did not reply

I sent complaint to delhi Police 

Now he has agin deleted website totally

What are legal remidies avialable to me/ Can I move to criminal court? or Consumer Court?


 13 Replies

Rocky Smith (Instructor @ Calcutta (     11 May 2015

 I think you should file case in consumer court in your district under consumer protection act.

Please visit the following site to know more about it. You must have original receipt of payment and documents of terms and condition, product & services that the hosting provider agreed to provide.

Jeetender Gupta (Advocate)     12 May 2015

Who are you individual or a form (who was billed). If your website was for commercial purposes you may not qualify as consumer & the CPA might not apply.

Rocky Smith (Instructor @ Calcutta (     12 May 2015

I disagree with Mr. Jeetender Gupta.


May be his website is for commercial perpose, however he is a consumer for that hosting service provider an paid for the said service, hence CPA is applicable. 

kapoorsatish (n/a)     12 May 2015

I have paid money to service provider from my saving account, the website is for commercial purpose, Can any service provider delete website ? is this not destroying anyone's property? Criminal law will come into force?

Rocky Smith (Instructor @ Calcutta (     12 May 2015

CPA is quasi-civil process. Failure of complying order might initiate criminal proceedings. 

R.G. Singh (Intern)     13 May 2015

@kapoorsatish, without reading the whole contract between both of you, it might be not prudent for me to comment.

In general terms, there has been a breach of contract in your case and generally in a contract the recourse is mentioned. 

kapoorsatish (n/a)     13 May 2015

There is no written agreement, this is on line deal, receipt of payment is by email, only cheque was delivered in physical form, rest every thing is by email

Rocky Smith (Instructor @ Calcutta (     13 May 2015

Electronic evidence also valid as per Indian Evidence Act 1872.


Make print out of bank transactions (cheque credit statements) attested by bank manager, emails and receipts and produce it before the court of law.

R.G. Singh (Intern)     13 May 2015

@kapoorSatish, you may want to check the website of the hosting service provider for the agreement/policy. Basis which, along with you cheque details, you can file a case for damages in civil court.

kapoorsatish (n/a)     14 May 2015

My query is besides case of civil liabilty, can I file criminal complaint also, as now service provider has totally removed website from server, he took money on pretext of  registeration of domain name as well as hosting for one year, but not provided service. Is this not cheating/Criminal Breach of trust?

Rocky Smith (Instructor @ Calcutta (     14 May 2015

Yes, you can.


I suggest, first register the FIR and let police investigate on this.


Also in parallel, go to consumer court, CPA is very effective for your case. Once PS report is ready then submits it as evidence is this case.

Rocky Smith (Instructor @ Calcutta (     14 May 2015

damage suit only consumes time.

mahendra limaye (Cyber Legal Consultant)     21 May 2015

You can approach Adjudicator for deleting your contents on website without your permission.Can contact for more detailed advice.

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