Whenever plugins come bundled with a theme, you simply do not receive your own license for that plugin, as the plugin is provided to you via extended license through the theme author. As such, only the theme author can provide you with plugin updates. There is no misleading or fraud here, as the use of plugins via extended license is clearly outlined in the rules and guidelines as set forth by Envato.
By buying a theme that includes bundled plugins, you acknowledge that you don't have direct access to plugin updates and support from the plugin author. If you have a problem with that, simply don't buy themes that include bundled plugins and/or purchase your own license of the plugin, which will then give you access to plugin updates and support.
But you can't expect a plugin author to give all that to you, if s/he never profited from you, when you purchased a theme that bundles their plugin. An extended license for a plugin is only 5x its standard license costs; in the end, plugin authors already do you a favor by agreeing to an extended license for the theme author, so you don't have to buy the plugin yourself. But in return, you simply have to wait on the theme author to provide a theme update, which also includes an updated version of the plugin.
But "crying wolf" and "threatening" unfounded legal actions for something that should be clearly understood by every buyer is utterly pointless and simply shows that you actually never read any of Envato's regulations. You can't have a "free" plugin and then expect the author to give you "free" support and updates on top of it. Simple as that.
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