Anshul 09 June 2017

Non appearance at the police station

Dear Quora community! I paid Rs. 46000 in cash and sofa cover worth Rs.10000 to a local sofa manufacturer. This person is known to my sister who is an interior designor. Since he had already worked for my sister's assignments on contract basis, we placed an order for sofa for our home. We paid him in 3 installments and he kept assuring us the progress of the work. It has been almost 8 months. He has not delivered the sofa yet. We have made hundreds of calls. He keeps on postponing the delivery date. I approached police station. The police officer called him to appear at the police station. Police has called him twice and he does not appear at the police station. As part of evidence we have phone recordings where its clear that he has received cash from us and he has not made the delivery. We dont have any other written agreements. What measures can effectively settle this case?

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 09 June 2017

you can file a Criminal Comaplint against the person who cheated you before CMM, at your local criminal courts
First of all you need a recieving copy of the complaint, Written letter by accused person in this regard, Draft a complaint through a lawyer. under section 156(3) Crpc read with section 200 Crpc.
The Criminal section will be 406, 420 of IPC.
you can also filed a civil suit for recovery of money under CPC before civil court.
feel free to call or write me on my mail

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 10 June 2017

You may send a legal notice by speed post mentioning facts and payments made and demand delivery of said articles or for refund amount with interest. If thecsaid person after service of notice complies orders then mater ends.but if not then you may file a civil suit and a criminal case in jmfc court mentioning all facts and enclosing copy of legal notice.you will succeed.good luck.

Anshul 10 June 2017

Dear Rama ji, The practical difficulty is that we do not have his address. We have not been able to locate him. We have his contact number. He does receive calls when called from numbers not known to him. For example he responded to the calls of police but did not appear at the police station. My questions precisely are - 1. How do I find a lawyer for my case ? 2. What would be better? Criminal suit or civil suit? 3. How to proceed with the case If we do not have his postal address ? 4. The police has yet not registered it in their non cognizable offence register. Should I get a copy of that?

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 18 October 2017

You have to give legal notice to him .you may file f.I.r.at area police station mentioning his phone no. Police will trace his address .then you may file civil suit also for recovery of said amt

Tushar Jha (Advisor) 28 October 2017

In India, police has a lot of power. If you have already made complaint to Police, then request them to trace him and arrest him. Offcourse, police can do that as it is a case of cheating and criminal breach of trust.
Police can conduct survelliance of his mobile number and track his location in order to know his whereabouts.
May be police is expecting some palm greasing to be done by you ;)