• How to recover the security deposit 50k from carzonrent rental service not returned to me?

Respected members, I recently had a very bad experience with Carzonrent self-driven car rental. I rented a car and paid 50k as security deposit. After returning the car, they are not returning my money and I’ve been following up for past 1.5 months and haven’t got back my security deposit. They keep saying due to technical issues, they are unable to process the refund. I’ve escalated to the highest level and also registered a complaint with the Government Consumer helpline. Is there any way to recover this money ? Any advice is appreciated. Car was returned without a scratch. I feel cheated. Now they've stopped responding to my mails and calls as well. The payments were done online and Ive all bills, receipts and mail communications. 10 days back when I threatened to raise a police complaint, they asked for bank details to deposit the money. But still haven't done the same. My mailid - [deleted]
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

Dear Client,

through consumer complain , proper case filling, money will recover with interest and compensation but that a last route.

Better file criminal complain u/s 406 420 IPC.

Before that send legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Sir issue the carzorent with a legal notice to repay the amount in a week along with booking details along with the notice cost and the interest and compensation as you are being harnessed by there deficiency in service and malpractice.

Further if they do not act within the stipulated time in notice you can file a complaint with district consumer forum for deficiency in services and can claim principle amount along interest and compensation along with the litigation cost.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1) Wait for 2 days as bank employees are on strike means 30 and 31st May 2018. Check on 1st June and 2nd June what happens otherwise on 3rd June You can sent a legal notice to them for above issue.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Please issue a legal notice and then file consumer court case. You may also file the consumer court case without issuing legal notice.

Jai Bansal
Advocate, New Delhi
198 Answers

Dear Sir,

You just get issue a legal notice and if need file a private complaint for cheating. You have following options as it is just like online transaction. You may approach Consumer Court but it is time consuming. You may lodge complaint with RTO to cancel his license such business and they will impress upon them to refund your money.

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Cheated in online shopping? Here is how you can get justice

Not futile to pursue online vendors who fail to deliver promised goods and services. Chitra Vittal from Bangalore wins out-of-court settlement from online vendor of cakes

Far too many of us have felt cheated by online vendors but have let it go because of the apparent futility of fighting for our rights. However, Chitra Vittal’s story tells us that it is indeed possible to win out-of-court settlements with online vendors with the help of consumer rights organizations like the International Consumer Rights Protection Council (ICRPC).

Chitra Vittal from Bangalore ordered a combo package including cake from Flowers n Cakes to India, an online florist and gift store that guarantees same day delivery and the “delivery of fresh products – always.”Flowers n Cakes to India failed to deliver the product on the specified day, and when they finally did deliver it the next day, the cake was “smashed up, made of cheap wine” and of a quality that was entirely unacceptable to the customer.

When Ms Vittal attempted to complain about the non-delivery of the product on the scheduled day, she found that the customer care numbers displayed on the website were not attended. She managed to find contact details of their Hyderabad-based sub-vendor, only to be told that they had only received their orders from Flowers n Cakes to India the morning after the scheduled date.

Five days later, Ms Vittal complained about the delayed delivery of a substandard product over a chat conversation with the company representative, Rahul, who, according to her was rude and paid no heed to her complaints.

Ms Vittal then approached Arun Saxena, President of ICRPC, which runs a consumer helpline. Mr Saxena sent an email to the vendor on behalf of Ms Vittal, informing them that they had conducted Unfair Trade Practices under Section 2 (1) (r) of the Consumer Protection Act. If the vendor did not refund the full amount to Ms Vittal and pay Rs50,000 as compensation for her losses, harassment and inconvenience, Mr Saxena said, severe action would be initiated against them, seeking higher compensation of Rs1 lakh with the legal costs.

What ensued was a series of emails exchanged among Mr Saxena, Ms Vittal and Flowers n Cakes to India, where the vendor attempted to seek refuge in its disclaimer against “unavoidable delays”. Ms Vittal felt that the vendors entirely ignored the accusation of no-response to complaints and were repeatedly rude to her. The emails reveal comments from the vendor to the tune of “If she doesn’t understand simple English language then it’s not our responsibility” and “she is the only one who we can call Fake”.

When Mr Saxena finally said that the matter was headed to consumer court and they would have to appear in person to justify their position, Flowers n Cakes to India beat a hasty retreat. With a sudden and radical change of tone, it sent a politely apologetic email to Ms Vittal, with the promise of a full refund on the same day.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

You have an option of filing a criminal complaint under section 406/415/420 against the defaulter

You can also send a legal notice to the defaulter to pay back the security deposit, along with interest, legal fee and damages within 7 days, failing which you can proceed to file a complaint against the defaulter in Consumer Forum for deficiency of services and unfair trade practices adopted by the opposite side seeking similar reliefs.

Regards.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

You only have to visit when case is listed before the court. Litigation expenses plus 15 to 20 k compensation you may expect. Certainly 50 will be refunded. They may also compromise and pay upon filing the case.

Jai Bansal
Advocate, New Delhi
198 Answers

You can claim around 1-2 lakh for the mental agony and harassment suffered by you.

You can also clain litigation fee and interest on the deposit, along with the initial deposit.

You can hire a lawyer to represent you in consumer court, then you won't have to go for your case.

After filing the case, it's completely your discretion that you want to settle or not and the company cannot force any settlement on you.

For any other doubts, feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

See you can claim around 1 lakh rupees as compensation amount for mental harassment. Further claim ,litigation charges separately. See if you decide to peruse you complaint without lawyer then you have to go on hearing dates otherwise your lawyer shall take care.

Yes you can peruse same for compensation amount for deficiency in services after they pay then also.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

There are two ways :

1. One we file criminal complaint with police station for cheating you. They do not react to your email unless they get the threat by you. That threat will be created by us to recover the amount.

2. We file consumer complaint. Your presence is needed only at the time of evidence.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

File police complaint under section 406, 420 of IPC for cheating and criminal breach of trust against company

2) file complaint against company before consumer forum and seek refund of SD paid by you with interest

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

1) You can withdraw case from consumer forum, if you receive amount from them.

2) Compensation amount depends upon how much loss is affected by this process plus legal notice charges snd other expenses this much you can expect.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Dear Sir,

You can get issue legal notice stating your also going to claim compensation of Rs. 50,000 to 3,00,000/- towards your metal torture, legal expenditure, physical stress etc. You can get draft a consumer complaint and can file the same by yourself and also can attend the case in person without the help of any lawyer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

1. Issue them a proper Legal Notice and THEN subsequently file a grievance petition before the local Consumer Court and claim interest, damages and other compensation. This will work surely, without any hitches.

2. The above can be done thru a professional advocate and you need not go to the Court at all. Even if you conditionally accept your deposit, You can still pursue the case and claim interest, damages and other compensation.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. If you issue legal notice then they will reply to your notice. This will go on for another couple of months.

2. I suggest you to approach a lawyer and file a cheating complaint against the company. Then the company may settle your money with immediate effect.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

You first issue a legal notice to the company demanding the refund of the security deposit .

Let them give a reply or not, you can drag them to the consumer court for the relief of refund of deposit amount and compensation for deficiency in service.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

What is the compensation amount I can expect for this? if they don't respond for the legal notice and I need to file a complaint with district consumer forum, do I need to visit district consumer forum often and spend more time there? Once I start this process and if they pay back my money, can I still pursue the case since I don't want anyone in future to get affected due to such service.

If you file the case as party in person then you may have to visit the consumer court on each and every date of hearing or else you can engage the services of an advocate for this.

If he is returning the amount with some compensation you can decide about continuing the case or to withdraw the same.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

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