Cyber Crime and Return of sold goods
Hi, I have sold a Used Laptop For 10000/- to a person,I went to out station so I switched off my mobile,He took my call details from the telecom company and called to every person in my call history and threatened them,when i returned from the out station and switched on my mobile he called me & said it was not working after 3 Days and to replace that,I said I will give the amount if he gives my laptop in the condition I have given to him,1. Can he proceed on me by legally.2.He had taken my Call history can I take any action on him.3. is it comes under the cyber crime.
Can he proceed legally?
It is very difficult to say until the terms of your contract is known. If the contract is a normal contract where you had just sold the laptop for Rs. 10,000 and it was in a working condition during the time of selling, then his chances of legally proceeding against you is fragile. If you did not attach any guarantee/warranty clause, then he cannot proceed legally, as the laptop worked for 3 days in his possession after the sale. Therefore you can claim that you are not responsible for the laptop any more and there was no fraud on your part.
His obtaining your Call History:
You can press charges against the buyer as he cannot obtain your call history legally. However, this does not fall under the purview of Cyber crime.
It should be mentioned in the outset that all your call history are personal information and are protected by the Right to Privacy under Right to Life given to it’s citizen by the Constitution. Therefore any random person cannot access your personal data.
The telecom companies cannot give your call history unless asked by the police for investigation purposes. The only other was is to file an RTI (Right to Information) to the TRAI (Telecom Regulatory Authority of India). TRAI can ask for these records from the telecom companies. However they are not entitled to disclose these information to anyone. This is because they are protected by the RTI Act, 2005 and the functions of TRAI does not include such functions. There are judgments which act as precedence.
Therefore you can proceed legally against the telecom authority as well as the buyer for infringing your Right to Privacy.
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