The
Court of Appeal confirmed a sentence of two years jail for Vikram Mehta after
conviction for fraud selling household and electronic goods from a ‘truck shop’
then not delivering. Customers lost
about $140,000.
The Court was told
Mehta committed the fraud over a thirteen month period starting early 2013
operating as a mobile trader under the name Flexi Buy. Between 300 and 360 customers were
affected. A total of nine customers
ultimately received any goods, some only after they threatened to complain to
the police, Fair Go, or the Commerce
Commission. Mehta personally signed up
only two of the customers. Sales staff
dealt with the rest. The court said
Mehta lay at the heart of the offending.
He procured his sales staff to misrepresent delivery details to get
customers signed up. Customers were told
delivery would be made before final payment was due. After a five month holiday in India, Mehta
arranged for a blanket deduction of $400 from each customer’s bank account:
some owed less than this amount; others had already paid in full.
The sentencing judge
said a deterrent sentence was needed to discourage mobile traders from ripping
off vulnerable people, most on low incomes.
The Court of Appeal said there were no grounds to reduce the sentence or
to replace jail with home detention.
Mehta
v. R. – Court of Appeal (31.10.17)
17.146