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shanmuga pradeep   22 November 2023

Legal notice on whatsapp from recovery agent/financial comapany employee

Hello,

My cousin has taken a loan from DMI Finance this year, and he got scammed in Option trading, losing all his money. He has no funds to repay the loan. Yesterday, he received a legal notice on WhatsApp from a Loan recovery agent or DMI Finance employee. We are not sure if the notice we received is fake or real. I have attached the legal notice to this thread/topic and kindly request you to check and provide some advice.

Additionally, I have a few questions regarding this matter.

  1. Is a legal notice through WhatsApp or email valid in Court?

  2. Is it important or mandatory to respond to this legal notice?

  3. How can we verify if the legal notice is real or fake?

Thank you all for your help and advice.

 



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

Section 138 of the Act does not admit of any necessity or scope for reading into it the requirement that the directors of the Company in question must also be issued individual notices under Section 138 of the Act.

Such directors who are in charge of affairs of the Company and responsible for the affairs of the Company would be aware of the receipt of notice by the Company under Section 138. Therefore neither on literal construction nor on the touch stone of purposive construction such requirement could or ought to be read into Section 138 of the Act. 

The opportunity to the ‘drawer’ Company is considered good enough for those who are in charge of the affairs of such Company. If it is their case that the offence was committed without their knowledge or that they had exercised due diligence to prevent such commission, it would be a matter of defence to be considered at the appropriate stage in the trial and certainly not at the stage of notice under Section 138 of NI Act.

Sanskriti Tiwari   23 November 2023

Receiving a legal notice via WhatsApp or email can be valid if certain conditions are met, such as proper identification of the sender, confirmation of the notice's authenticity, and compliance with legal procedures required for notifications. Courts might accept digital communication as evidence if it satisfies legal standards.

Regarding the response to the notice, while it's not mandatory to reply, ignoring it might lead to further legal action. It's advisable to seek legal counsel promptly. A lawyer can verify the notice's authenticity, advise on the best course of action, and handle communication with the lender or their representatives.

To verify the legitimacy of the notice, you can take a few steps:
1. Contact DMI Finance directly through their official channels to confirm if they've issued such a notice.
2. Check for typical signs of a scam: spelling errors, unusual requests, or suspicious contact information.
3. Seek legal advice to authenticate the notice and validate its legal standing.

Regardless of the notice's authenticity, your cousin's financial situation needs attention. Exploring options like negotiating a repayment plan or seeking financial counseling could be beneficial.

However, time is crucial; legal notices often have response deadlines. Therefore, seeking legal advice promptly and verifying the notice's legitimacy are crucial steps to take in this situation.

Dr. J C Vashista (Advocate and Legal Consultant)     23 November 2023

Q 1 Yes, it is valid and admissible.

Q 2 No it is not necessary to respond the notice, if you do not want.

       However, a notice is to inform you regarding events / facts of the sender which s/he may use it against you.

Q 3 Content the company manager personally and verify its correctness.

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

I am sorry that the reply posted by me   was not meant for this post, when I attempted to delete the same, it is not getting deleted, hence my actual answer posted subsequently using the modification option of this forum is functioniong hence the irrelevant answer continues to appear in this post, I apologise for that which is beyond my control.

However I am posting my reply once again as below:

A legal notice received by an individual on their WhatsApp account will be treated same as receiving a physical copy of the notice. “For the purposes of service of notice under Order XXI Rule 22 of the Code of Civil Procedure.  If the the icon indicators clearly show that not only was the message and its attachment delivered to the respondent's number but that both were opened as well.” then it can be deemed that the respondent was served with the legal notice. 

The Supreme Court has authorized the delivery of summonses and other legal notices via WhatsApp, Telegram, and email, a decision that would completely transform India's judicial system.

WhatsApp messages, among many other forms of electronically stored information (ESI), can be used as evidence in a case. There are many different types of ESI which can be used as evidence. 

1 Like

shanmuga pradeep   23 November 2023

Thanks to @T. Kalaiselvan, @Dr. J C Vashista, and @Sanskriti Tiwari for responding to my post.

I have a few more questions.

  1. The person has delivered the legal notice to my cousin's father's WhatsApp number because my cousin's brother's number is switched off.

  2. In my original post, my attachment did not get uploaded. So, I have uploaded the legal notice to Google Drive and am attaching the URL below in PDF format. Can you please check if it is legitimate or fake?

 

Legal Notice PDF Copy : https://drive.google.com/file/d/1j-_YQyyYjxoGwd5RHoZzQCmqB8X1y-U_/view?usp=sharing

Sanskriti Tiwari   24 November 2023

Regarding the delivery of the legal notice to your cousin's father's WhatsApp due to the brother's number being switched off, it's essential to note that delivering legal notices to alternate contacts, especially within the same family, might not always align with standard legal procedures. Authentic legal notices are typically addressed directly to the individual involved or their legal representative.

When verifying the legitimacy of the notice, consider the following steps:

1. Reach out directly to DMI Finance through their official contact information to confirm if they've issued this specific notice. Avoid using any contact details provided within the notice received via WhatsApp until its authenticity is verified.

2. Seek legal advice from a reputable attorney. They can review the notice, confirm its authenticity, and advise on the appropriate course of action.

3. Look for red flags such as grammatical errors, suspicious demands, or unusual requests. However, the absence of these doesn’t necessarily confirm authenticity, so verification from the issuing party or legal counsel is crucial.

Given the sensitive nature of legal matters, verifying the legitimacy of the notice and seeking legal counsel promptly is crucial to navigate this situation effectively.

RAKESH PIPRODIA (ADVOCATE)     26 November 2023

Delivery of the legal notice to my cousin's father's WhatsApp number because my cousin's brother's number is switched off is not a valid notice. Dont reply.

 


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