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(Guest)

Fraud by employee of DI Corporation of Delhi/Gurgaon

I contacted DI Corporation,Sheikh Sarai,New Delhi to get my my website designed and developed.They sent a female named A.D. (name later)to my home to discuss their website designing packages.She told me SHE works in their Gurgaon Registered Head Office.

 

I had asked her to bring her company's brochure but she forgot to bring.

 

In 5 minutes of my reaching home,she started criticising her company DI Corporation that their services are very bad and its cleints are dissatisfied.She suggested that I can get my work done from her as she does so privately as a freelancer also.But she asked me to keep it as a secret from her company.She also quoted reasonable rates of16,800.

As I am not too well off,I agreed to get it done by her.We exchanged THROUGH E-MAIL terms and conditions after she AGREED TO all the features I wanted on my website.The terms said 30% of the fees will be given when the work starts and remaining only after work is finished and approved by me.Also she agreed that work will be done in 20 DAYS.She said that she has asked a designer to design my site while she is only the incharge.

 

On 20th April,2011,she received the cheque of5040 as the initial fees(30%) at the address provided in her invoice.Later on she told me that the address is of her landlord.

Few days later she also claimed to have changed her address,but never provided her new address.

I don't have her landline phone yet;only mobile phone.

 

Now more than 2 months have passed.My site is only 50%-60% finished.When I talk to her,she says it's done.But I know it is not because most of the agreed features are missing.

Some features already installed are not fully working also.

 

On other days she blamed my hosting company whose server is of poor quality because of which so much time was taken.I suggested to her that I will shift to another host and it will take only 1-2 days to shift.But now she is discouraging me to shift also.Then one day she told me that few features can't be done on my site since they require technical expertise.But in the beginning she had agreed to provide me all these features.

Now she says her designer has got jaundice.So we need to wait.

 

So more than 2 months have passed.She  does not seem to be bothered at all.

I just have her banking details such as IFSC code,bank branch name,bank name,account no. and beneficiary name.

Now what do i do?

1. Should I warn her that I will complain to her company that she is doing freelancing work privately,despite being employed?So she should return me my money(Rs. 5040) in case she does not wish to finish my work,as I will now have to go to another designer.

OR

2. Should I warn her of consumer court

OR

3. Should I simply go to a consumer court?If I go,does my case stand a chance?

Let me inform that all our interactions where terms and conditions,invoice and the required website features were discussed on e-mail only.

 

 

 

 

 

 

 



 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     13 June 2011

Dear Querist,

 

Please carefully study the contents of terms and conditions, invoice and the required website features agreed through e-mail.

 

If the agreed features of website are not provided to you despite elapse 2 months, it would be better if you issue notice (either by yourself or through an Advocate) to her disclosing your grievances, her failure to provide services according to terms and conditions, invoice and the required website features agreed through e-mail and relief you are seeking (refund of principal Rs. 5040, compensation, other incidental expenses) for deficiency of services and professional delinquency.

If she respond to your notice, you may react accordingly. If no cogent response comes from her, you may  consider filing a necessary consumer complaint before appropriate consumer forum (in your case, it could be one at Sheikh Sarai, New Delhi near RTO office).

 

Trust this would suffice.

1 Like

SACHIN AGARWAL (ADVOCATE)     13 June 2011

You can serve a notice and if even therafter you don't get any responce, you can proceed further and can file a complaint or may lodge FIR.

1 Like

(Guest)

Thank you sir for replying.

 

I will meanwhile hire another web designer to finish my remaining work,as I cannot keep my website work pending.

 

1. Now suppose my webite gets designed by someone else and only after that court notice reaches her,how will I prove that she did not complete my work?Because by that time,my entire website will be ready.She can lie that she made it ready.So where will be the evidences to support that she had left it incomplete?

 

2. Can she say that since she has taken Rs. 5040 according to the amount of work done so far, there's no cheating from her end?

Whereas I gave her this money as advance for the entire project in good faith and not just for a little work.

 

Please clarify.

SACHIN AGARWAL (ADVOCATE)     17 June 2011

The bill raised by the new person shall be the evidence.


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