In the High Court of Delhi, a significant legal confrontation unfolds between Reliance Industries Limited (RIL), Reliance Retail Limited (RRL), collectively referred to as Plaintiffs, and AJIO Online Shopping Pvt Ltd and associated entities, hereafter referred to as Defendants. This case is rife with allegations of trademark infringement and fraudulent activities, underscoring the gravity of the matter at hand. Plaintiffs, RIL and RRL, stalwarts across various sectors encompassing textiles, energy, telecommunications, and retail, lay claim to the trademark ‘AJIO’, its logo, and assorted extensions. Through the e-commerce platform ajio.com and the mobile application ‘AJIO’, they have carved a niche in the online retail landscape, garnering widespread acclaim and patronage from millions of consumers.
However, the tranquillity surrounding the ‘AJIO’ brand was disrupted by a sophisticated fraudulent scheme orchestrated by individuals or entities impersonating ‘AJIO Online Shopping Pvt Ltd’. These perpetrators initiated a widespread campaign, dispatching deceptive letters and scratch cards across the nation. These communications falsely assured recipients of substantial prize money, contingent upon the payment of advance government taxes and processing fees.
Prompted by the discovery of this nefarious activity, the Plaintiffs launched a comprehensive investigation. Their inquiries unearthed a network of mobile numbers and bank accounts through which the Defendants operated. The modus operandi entailed enticing recipients to deposit funds under the guise of claiming prize money from the scratch cards, with promised amounts ranging from Rs. 7,50,000 to Rs. 10,00,000.
Adding to the complexity, the Defendants cunningly dissuaded recipients from contacting the Plaintiffs’ official customer care, instead furnishing alternative contact details to perpetuate the ruse. Even employees of the Plaintiffs fell prey to these fraudulent communications, highlighting the pervasive nature of the scheme.
In response to the egregious fraudulent activities, the Plaintiffs swiftly sought legal recourse, petitioning the Court for urgent intervention. They sought an ex-parte ad-interim injunction against Defendants, restraining them from exploiting the ‘AJIO’ mark or disseminating deceptive communications. Additionally, Defendants, the implicated banks, were directed to freeze the associated bank accounts and furnish comprehensive statements thereof. Defendants, telecom service providers facilitating the scam, were instructed to block the specified mobile numbers.
Following rigorous examination of the evidence and deliberation of arguments, the Court ruled in favour of the Plaintiffs, granting the injunction sought. This decision was grounded in the compelling prima facie case presented by the Plaintiffs, the equitable balance of convenience, and the palpable threat of irreparable harm to the public. The injunction aimed to shield consumers from the duplicitous machinations of the fraudulent scheme.
Recognizing the imperative to expedite the investigation, the Plaintiffs sought collaboration with the Cyber Cell of the Delhi Police. Their plea entailed soliciting the Cyber Cell’s assistance in unmasking the identities of the individuals or entities orchestrating the fraudulent activities and instituting requisite legal action against them.
In a subsequent order dated 25th September 2023, significant progress was made in the case. The Cyber Cell of the Delhi Police submitted a status report, disclosing findings from the investigation into 19 mobile numbers and four accounts. These were traced to various regions, including West Bengal, Uttar Pradesh, Chhattisgarh, and Orissa. The report revealed substantial sums credited to these accounts, prompting the freezing of said accounts by the respective banks.
However, the Delhi Police expressed their inability to take further action, citing the absence of a complaint on the National Cybercrime Reporting Portal (NCRP). In response, Plaintiffs’ counsel pledged to file a formal complaint on the NCRP, accompanied by a copy of the court order, to facilitate subsequent police action.
The court directed the involved banks to submit detailed affidavits containing KYC details and bank statements within a week. These documents were to be shared with the Plaintiffs and the Cyber Cell. Furthermore, Reliance Jio Infocom Limited, affirmed compliance with previous directives, including the blocking of flagged telephone numbers.
This comprehensive legal battle underscores the Plaintiffs’ steadfast commitment to safeguarding their brand integrity and protecting consumers from fraudulent activities. As the case progresses, the concerted efforts of all stakeholders, including law enforcement agencies, are crucial in upholding justice and preserving the sanctity of the ‘AJIO’ brand.
The case is scheduled for the completion of pleadings on 14.08.2024.
