2 Answers
Dear Client,
According to the facts mentioned above, if your commission is utilized without your consent, your account credentials are changed without your approval, and money which belongs to you is retained regardless of the repeated assurance, you might have legal recourse in this case. Despite the fact that the local police viewed this case as a civil issue, the unauthorized use of your income and the supposed change of your account credentials could be considered an issue far beyond a contractual dispute. It would be prudent to collect all possible documentation related to this case including commission report, email exchanges, texts, call recordings, screenshots, correspondence with the company, the police letter on WhatsApp, as well as any evidence that proves the change of your account credentials. It might make sense for you to send a legal notice to those involved in the case and consider taking civil action to recover the money and receive additional compensation if needed. Moreover, in the event of the unauthorized usage of your account or the money misappropriation, you should consult with your lawyer about the potential criminal charges.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Client,
Regarding your question regarding the legal situation of MLM dispute commissions in India, you should note the background of regulation. QNET is protected by the Supreme Court of India since 2017 and also follows consumer protection laws introduced in 2021, according to which there is no pyramid scheme; however, it is allowed to conduct direct selling that generates money through the sale of goods. But the problem that you have does not concern the legality of the whole system but your upline’s personal misconduct regarding your earned commission which can be pursued notwithstanding all that big issue of QNET.
Regarding the issue that you have raised regarding the crime committed against your upline directly, the act of spending the commission provided by you without your approval, even though there was an awareness about the necessity of money because of your sister's health, is categorized as criminal breach of trust under section 316 of BNSS.
The continuous promises of refund within two days for an extended period of more than a month and a half amount to cheating under section 318 BNS. The changing of the registered email and phone number without your consent on your company account through a hidden process via his wife’s phone amounts to the offense of unauthorized access and modification of digital identity, possibly under section 66C of IT Act which deals with the issue of identity theft and section 43 of IT Act regarding unauthorized access to computer resource.
Concerning the escalation process that may occur past the local police station where it has been categorized by rana pratap police station to be one of civil nature without an official admission, kindly write a letter to the commissioner of police, Nagpur, citing all the relevant documents such as the chat and his admissions of the use of the money to travel to Thailand. Filing of FIR under sections 316 and 318 BNS, and section 66C of the Information Technology Act needs to be sought. Moreover, one must file a complaint with the National Consumer Helpline and seek civil recovery via the District Consumer Forum, collecting all the relevant proof such as the investment slips, WhatsApp screenshots, brochures, and bank statements.
When it comes to the company's culpability, send a formal complaint letter to QNET’s designated grievance officer, who all direct selling companies must have according to the 2021 rules, specifying how the commission was mishandled by your upline and how the company enabled this by making unpermitted changes to your login details.
If the company does not act, file a complaint before the consumer disputes redressal commission naming both your upline and the company, since the company's platform was the vehicle through which the misappropriation occurred.
On the mental distress you have suffered, this is genuinely concerning given your anxiety and depression medication increase. Please continue your treatment and consider sharing this entire ordeal with your treating doctor so it is medically documented as this documentation can also support a claim for compensation for mental harassment in your consumer or civil proceedings. We would also gently encourage you to lean on your support system during this stressful time, alongside pursuing these legal remedies.
I hope this helps, and if you have any further issues, do not hesitate to contact us.