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Archive July 2018

Have you ever come across tender fraud?

Latest Fraud Type – Bank Tender Fraud Case:

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A Case of Tender Fraud Noticed by WLN Juris:

Case Study:

XXYZ Bank issued the tender/auction notice to public via email. Mr. Abhi got this email and got immediately interested in one of the products listed under the product lot list of tender/auction. The table was provided with Bank Branch Address, product details, base price and Earnest Money Deposit (EMD) details.
Mr. Abhi who was interested in purchase of lot number 12 item listed in list, went ahead and deposited the EMD amount in bank details provided by bank through NEFT payment. However, Bank had clearly mentioned its term / conditions which are read as follows:

1. EMD Payment should be made only through cheque or DD amount or else it’s not accepted and would not be considered for bidding.
2. EMD payment once made and at the time of bidding 25% of product price is not deposited, and then it would be forfeited and would not be reimbursed.
3. EMD payment would be forfeited for non-participation.
4. If there is no other bidder found at the time of bidding, and you are only participant then you will be considered as only bidder if you have paid the EMD.

In this situation, where terms/conditions were clearly mentioned on the very below portion of table, still Mr. Abhi had paid through NEFT. However, to the surprise, the amount was considered for tender by Bank (THIS IS FIRST MISTAKE)
Then, Mr. Abhi after getting clarification on amount and conditions tried to withdrawn his interest from Tender/Auction bidding and asked for non-participation and to reimburse the amount.
However, Bank informed that there was no other bidder and he was the only person whose EMD was deposited for lot no. 12 hence, his amount was considered under bidding and 25% of deposit to be paid for product is taken from it. Hence, no reimbursement can be given now.

Hearing this he asked for the product delivery for that much amount, then Bank said, for non-participation your amount is forfeited and hence, you are not eligible for EMD refund now.

This was really coming as disappoint and shocked to Mr. Abhi. He did not understood the terms and conditions while making payment. And, immediately after getting clarification he had withdrawn his interest from this bidding. Payment mode was not allowed but still since money was already credited it was never reversed back for correct payment. And, ultimately his amount was forfeited without the product delivery also.

This type of phishing happens to trap the people who do not enquire about terms and conditions before making payment. And, then they are given different excuses for not giving refund. It becomes very difficult to get the refund in such situation however, one must initiate the legal process to highlight such cases in the eyes of law, as it is taking undue benefit of innocent people and they lose money for no reason.

What to do for Internet Tender Fraud / Internet Phishing Case?

WLN Juris has expertise to provide you with legal assistance for internet phishing cases of Tender/Auction Fraud. You can consult us for notice and initiating the fraud case against such companies if you are trapped.

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Can Negligence Result in Suit Against Me?

How Negligence for doing any act or omission of act affect me?

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Negligence is a concept which is most of the time taken very lightly by people, thinking that its okay to leave the situation like that.

But, have you ever think that it has penalties in law, if you neglect to do certain things or duties which an ordinary sensible person is liable to do or you omit your act in such a way that it would cause problems to others then you are responsible for “Negligence” as an offence in eyes of Law.

Lets see the Essentials of Negligence:

In an action for negligence the plaintiff has to prove three essentials to prove the liability of the defendents:

1. A legal duty to take care.

2. Breach of the said duty.

3. Damage to the plaintiff as a result of breach of the duty.

Examples:

1. If someone leaves the electric wire open near his residential which is used by passerby also, and if anyone passingby gets the electric shock. Then, such person is responsible for his negligence.

2. Chemical industries which are responsible for treatment of chemical effluents and they release the harmful gas or chemicals in water causing harm to environment and people residing in vicinity of that area, this can result in heavy penalties to such industries for their negligence act. There are various theories for this issues like Absolute liability and Strict Liability etc to support the damages to be claimed through established case laws.

There are many instances which happens in day today life which can cause severe damages to life of people or environment through negligence.

If you want to find out your case whether you can get the damages for negligence of other party, you can easily consult us.

You may also consult us for negligence civil suit defence to us.

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Law of Torts

What is Tort and basic ways to dealing with it?

Have you ever faced something which is personally hurtful?

Have you ever thought one should be punished for emotionally abusing you?

What if someone forcibly enters in your office or home?

And if someone make loud noise next door or in the area you are residing?

Or what if someone just defames you in your society and you are not able to take it which is lowering your societal image & respect?

Yes, many other such questions must  be arising in your mind on day to day basis or may be occasionally.

Do we have answer for it in our Indian Law & Order?

So, the answer is yes.

The law of Torts

It can give you relief from various such pains. Only thing is you should find out to claim your fundamental rights.

Law of Torts; though it is uncodified and unwritten exactly but suffice to support for many civil wrong relief through various means.

Let’s see its definition from Salmond’s point of view:

1. Tort is a civil wrong;

2. This wrong is different from breach of contract or breach of trust or other equitable obligations.

3. This wrong is redressable by an action for unliquidated damages.

According to winfield a tort has the following essentials:-

1. Tortious liability arises from breach of duty fixed by law.

2. This duty is towards persons generally.

3. Breach of duty is redressable by an action for unliquidated damages.

Thus, if you have come across any such issues where you believe the duty fixed by law is infringed by any person for you, you can claim damages for it by filing a civil suit against such person.

If you need any guidance for further assistance for any such matter faced by you, feel free to call us or reach out to us at provided contact details at

Regards,

World Legal Network

WLN Juris -Legal Services Law Firm

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