ToDate:- Date of notice
1.First addressee's name and address
Mob. No. First addressee's mobile number
2.Second addressee's name and address
Mob. No. Second addressee's mobile number
3.Third addressee's name and address
Mob. No. Third addressee's mobile number
4.Fourth addressee's name and address
Mob. No. Fourth addressee's mobile number
Through WhatsApp
DEFAMATION NOTICE
Dear Madam,
Under instructions from and on behalf of my client, Client company name (Flexon Cable), through its Proprietor, Proprietor's name, having its registered office at Client's registered office address, Client's registered office pincode, I hereby serve upon you the following legal notice:-
1.That my client is a proprietorship concern engaged in the manufacture and export of cables, copper cables, service cables and industrial cables since 1998, throughout India. My client enjoys an excellent reputation in the cable industry, as it provides the best quality products with timely delivery, and consequently enjoys substantial goodwill and repute in the industry.
2.That my client, through painstaking efforts, has attained a good reputation and high esteem in the cable industry, as it supplies Government-approved, ISI-tested products to its clients. My client is known for maintaining high standards of quality, durability and reliability in its products. Being one of the leading manufacturers and exporters of premium quality cables, my client relentlessly strives towards further improving the quality of its products. My client has worked tirelessly over the years and has built a standing image for itself in the cable industry.
3.That it is most apparently and inexplicably evident that my client is a respectable entity, dedicatedly working and empowered with robust infrastructure and a state-of-the-art manufacturing unit. During my client's illustrious career since the inception of the company, not a single allegation of wrongdoing, in any manner whatsoever, has been reported against it.
4.That you, the Addressees No. 1 to 4, representing yourselves as suppliers/retailers of electrical instruments (cable wires, etc.) in Uttar Pradesh, caused my client to be shocked upon viewing a video circulating on WhatsApp groups, the internet and YouTube containing a false comparison of the cable products of my client. You, the Addressees, in connivance with one another, caused damage to the reputation, goodwill and business of my client by preparing and uploading a false and frivolous video on the internet, which has caused huge damage and loss to the reputation and goodwill of my client. Not only have you, the Addressees, tarnished and sought to spoil the hard-earned reputation and goodwill of my client, but you have further, in the said video, chosen to pass derogatory remarks against the cable products of my client.
5.That subsequent to the said video, you, the Addressees, chose to upload a video on the internet, WhatsApp and other online platforms/channels, wherein you have not only made available to the public a fake comparison between the cable products of my client and the cable products of another brand (without the permission of my client), but have also used numerous derogatory and defamatory remarks and made a fake power capacity comparison of my client's products in the said video. It is pertinent to mention that in the said video, you, the Addressees, have (i) used the cable products of my client without my client's permission, (ii) used pictures of my client's cable products without permission, despite the fact that under law you, the Addressees, ought not to have done so, and (iii) used numerous derogatory and defamatory remarks in the said video against my client; all of which is prejudicial to the reputation and goodwill of my client, and is further unlawful and illegal in nature and under the law. That the said unlawful acts committed by you, the Addressees, including but not limited to criminal acts such as defamation, intentional insult, criminal intimidation, etc., are punishable under the provisions of the Indian Penal Code in addition to other provisions of law, and my client hereby reserves the right to file appropriate criminal cases against you, the Addressees.
6.That furthermore, such baseless and fake videos are intended to, and are causing, a detrimental effect to the reputation and goodwill of my client, thereby directly and adversely impacting the business of the company.
7.It is stated that the aforesaid information in the video seeks to portray, and does in fact portray, a false and incorrect impression of my client in the minds of the viewers, and more specifically of the cable industry, in which my client enjoys a high degree of integrity and goodwill.
8.That the aforesaid defamatory video/information has been actuated only by malice and ill-will towards my client. This is an atrocious and unhealthy tactic adopted by you, the Addressees, to poach the clients of my client by publishing such videos. The aforesaid offensive, derogatory and malicious attack upon the unblemished credentials of my client is wholly unsustainable and false, for the reasons that: my client accords top priority to quality and ethical dealings with its clients, and there have been no instances of any such complaints from its clients. Such misinformation has been disseminated only to defame my client and to bring it into bad repute in the eyes of its clients.
9.That in fact, all this defamatory, false and incorrect information has been published by you, the Addressees, knowing full well that it was false, wild and baseless. No efforts appear to have been made by you, the Addressees, to ascertain the true and correct facts and/or to verify the contents of the false information, thereby causing immense mental agony, damage and harassment to my client, as well as loss of image, reputation and goodwill amongst its customers, business associates and society at large.
10.That furthermore, it is evident from the comments on the YouTube, WhatsApp and Facebook videos that the image of my client is being affected in the eyes of the public, some of which comments on the social platforms were posted by you, the Addressees. Thus, it is apparent that my client is being defamed in the eyes of others.
11.That you, the Addressees, are making defamatory and patently false statements/information against my client and publishing the same on the internet through platforms such as Facebook, WhatsApp and YouTube. In addition, my client is seeking damages from you, the Addressees, for deliberately damaging and harming the reputation and goodwill of my client in the cable industry.
12.That in the midst of the said activity, you, the Addressees, are perpetuating such illegal and demeaning activities by intentionally publishing false and defamatory information about my client. Such patently mala fide actions are tarnishing and harming the goodwill of the company and are negatively impacting the image of my client.
13.That this is a calculated design on the part of you, the Addressees, to tarnish the reputation of my client not only within the country but also internationally. It shall cause grave harassment and irreparable loss to my client if you, the Addressees, are allowed to act upon your nefarious plans and tarnish the reputation of my client.
14.That the aforesaid illegal and defamatory actions of you, the Addressees, have caused great mental agony and harassment to my client and severe damage to the reputation of my client in the eyes of the 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, is restricting its claim for damages against such illegal and defamatory acts to the tune of Rs.Damages amount (₹)/- (Damages amount in words only). You, the Addressees, are liable to pay an amount of Rs.Damages payable amount (₹)/- (Damages payable amount in words only) to my client towards damages.
15.That my client instructs me that you, the Addressees, in collusion and conspiracy with bad elements of society, have left no stone unturned in defaming my client in the eyes of the right-minded people of society. You have further made every attempt to spread false rumours about my client by making a false cable comparison video, thereby causing mental torture, agony and harassment to my client, and it is evident that you have every intention to defame my client and level baseless allegations against it.
That on account of the facts stated above, apart from other offences, you, the addressees, have committed the offence of defamation as defined under Section 499 read with Section 500 of the Indian Penal Code. That the aforesaid false allegations have been made against my clients with intent to defame and derogate them, and to cause intentional insult and criminal intimidation, amounting to a virtual assault upon the reputation of my clients, thereby attracting penal liability under Section 509 of the Indian Penal Code.
That my client is no longer prepared to tolerate the situation, and has instructed me to initiate appropriate proceedings against you, the addressees, for defamation, derogation, intentional insult, criminal intimidation, and under such other provisions of the Indian Penal Code as are available in law.
I trust, however, that by timely action you will obviate the necessity of any unpleasant steps being taken against you, the addressees. It will be in your own interest to pay an amount of Rs.Settlement amount with apology (₹)/- to my client, along with tendering an unconditional apology, by way of compensation; although the aforesaid illegal and defamatory acts of you, the addressees, cannot be compensated in money, the payment aforesaid shall be made 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 before the competent Court of law for appropriate proceedings, including civil defamation along with damages as well as criminal defamation, and in that event you shall be held responsible for all costs, risks and consequences, which please note. You, the addressees, are also requested to pay a sum of Rs. Cost of legal notice (₹)/- to my client towards the cost of this legal notice.
A copy of this notice has been retained in my office for further reference and action.
Advocate's name
Advocate