To,                                                                       Date:- xxx

1. Xxx

Xxx

xx

Mob. No. xxx

2. xxxx

xxxx

Mob. No.xxxx

3. xxx

xx

Mob. No.xxxx

4. xxxx

xxxx

Mob. No.xxxx

Through WhatsApp

DEFAMATION NOTICE

Dear Madam,

          Under instructions and on behalf of my client Xxx (xxx ) through its Proprietor Xxx xxx , I hereby serve you with the following legal notice as under:-

My client is a Proprietorship Company and manufacturers and exporters of Cables, Copper Cables, Service Cables and Industrial Cables since 1998 in all over India and having good reputation in the cable industry as the Company provide the best quality and timely delivery the products, my client enjoys high-end goodwill and repute in the industry.

My client by way of painful endeavours has attained a good reputation and high esteem in the cable industry as my client provides Govt. approved ISI tested products to their clients. Company is known for imbibing high standards of quality, durability and reliability in products. Being one of the leading manufacturers and exporters of premium quality cables, company relentlessly strive towards further improving the quality of their products. My client has tirelessly worked throughout and built an image amongst in cable industry totally.

It is most apparently and inexplicably evident, that my client is respectable entities dedicatedly working and empowered with robust infrastructure and state of the art manufacturing unit. During my client's illustrious career and the inception of company, not a single allegation of wrong doing in any manner whatsoever has been reported.

You the Addressee no.1 to 4, representing themselves supplier / retailer of electrical instruments (cable wires etc.) in xxx and my client was shocked when saw the video which circulating on the WhatsApp group, internet and Youtube about the false comparison of the cable product of my client. You all the addressees in connivance with each other caused damage to the reputation, goodwill & business of my client by imputing and uploading false and frivolous video on the internet which caused huge damage & losses to the reputation and goodwill of my client. Not only you the addressees tarnish to spoil the hard-earned reputation and goodwill of my client, but further, you the addressees during the said video chose to pass derogatory remarks against the cable product of my client.

Subsequent to the said video, you the addressee chose to upload a video on internet, WhatApp and other online platform / channel wherein not only you the addressees have made available (to the public) the fake comparison between my client’s cable product and other brand cable product (being without the permission of my client), but further, you the addressees have used numerous derogatory & defamatory remarks and making fake power capacity comparison of my client’s product in the said video. It is pertinent to mention that in the said video you the addresses have (i) used the cable product of my client without the permission of my client, (ii) used pictures of my client’s cable product without the permission, despite the fact that under law the same ought not to have been done by you the addressee, and (iii) used numerous derogatory & defamatory remarks in the said video against my client; all this being prejudicial to the reputation and goodwill of my client, and further being unlawful and illegal in nature & under the law. That the said unlawful acts committed by you the addressees, including but not limited to criminal acts like defamation, intentional insult, criminal intimidation, etc., are punishable under the provision of the Indian Penal Code in addition to other provisions of law, and my client hereby reserves their right to file appropriate criminal cases against you the addressees.

That furthermore, such baseless and making fake video are intended to and are causing a detrimental effect to the reputation and goodwill of my client thereby directly impacting the business of the company in a negative manner.

It is stated that the aforesaid information in video seeks to portray and does in fact portray a false and incorrect impression about my client in the minds of the viewers, and more specifically the cable industry in which my client enjoy a high degree of integrity and goodwill.

That the aforesaid defamatory video / information have been actuated only by malice and ill-will towards my client. This is an atrocious and unhealthy tactic of you the addressees to poach the clients of my client by publishing such videos. The aforementioned offensive, derogatory and malicious attack upon the un-blemished credentials of my client are wholly unsustainable and false for the reasons: my client accords top priority and quality and ethical dealings with the Client. There have been no instances of any such complaint with the Clients. Such misinformation has been only passed to defame my client so as to bring bad repute in the eyes of the Clients.

In fact, all these defamatory, false and incorrect information have been published by you the addressees, knowing full well that they were false wild and baseless. No efforts to ascertain the true and correct facts and/or to verify the contents in the false information ever appear to have been made by you the addressees causing immense mental agony, damage and harassment to my client as well leading to loss of image, reputation and good will amongst its customers, business associates as well society.

That furthermore, it is evident from the comments on the YouTube, WhatsApp, Facebook video that the image of my client is being affected in the eyes of the public, some of the comments on the social platform posted by you the addressees. Thus it is apparent that my client is being defamed in the eyes of the others.

That you the addressees making defamatory and patently false statement / information against my client and publishing them on the internet vide platforms such as Facebook, WhatsApp and Youtube. In addition my client is further seeking damages from you the addressees for deliberately damaging and harming the reputation and goodwill of my client in the cable industry.

In the midst of the said activity, you the addressees are perpetuating such illegal and demeaning activities, intentionally publishing false and defamatory information about my client. Such patently mala fide actions are tarnishing and harming the goodwill of the company and negatively impacting the image of my client.

This is calculated design of you the addressees to tarnish the reputation of my client not just in the country but also internationally. It shall cause grave harassment and irreparable loss to my client if you the addressees are allowed to successfully act upon their nefarious plans, tarnish the reputation of my client.

That the aforesaid illegal actions of you the addressees being defamatory have caused great mental agony, harassment to my client and severe damage to the reputation of my client in the eyes of public generally and in the cable industry specifically. The loss and damage caused due to the aforesaid illegal and defamatory actions of you the addressees is huge, however, my client, at present, are restricting their claim for damages against such illegal and defamatory acts to the tune of Rs.50,00,000/- (Rupees Fifty Lakhs only). You the addressees are liable to pay an amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) to my client towards damages.

That my clients instructs me that you the addressee, in collusion and conspiracy with bad elements of the society, have left no stone unturned in defaming my client in the eyes of the right minded people of the society. You have further made every attempt to spread false rumours about my Client by making false cable comparison video; thereby causing mental torture, agony and harassment to my Client, that you have all intentions to defame my client and level baseless allegations against my client.

That due to the above mentioned facts, along with other offences, you the addressees have committed an offence of defamation as defined under Section 499 read with 500 of Indian Penal Code. That the above said false allegations have been cast against my clients to defame, derogate, defamation, intentional insult, criminal intimidation, etc. a virtual assault on the reputation of  my clients, thereby attracting penal liability of the section 509 of the Indian Penal Code.

That my client is not prepared to bear with the situation anymore and have instructed me to initiate appropriate proceedings against you the addressees for defamation, derogation, intentional insult, criminal intimidation, etc., and other provisions of Indian Penal Code as available under law.

I trust, however by timely action, you all will obviate the necessity of any unpleasant steps having been taken against you the addressees. It will be in your own interest to pay an amount of Rs.50,00,000/-  to my client along with tendering of un-conditional apology, on account compensation and although the above said illegal acts and defamatory acts of you the addressees cannot be compensated in money, within a period of 7 days from the date of receipt of this notice, failing which I have clear instructions from my aforesaid clients to proceed against you in the competent Court of law for appropriate proceedings including civil defamation along with the damages and criminal defamation, and in that event, you shall be held responsible for all costs, risks and consequences, which please note. You the addressee are also requested to pay a sum of Rs. 21,000/- to my client towards cost of this legal notice.

A copy of this notice has been kept in my office for further reference and action.                     

xxxx

Advocate