• Refund denial by service provider

I have taken a service online by a company that promises to teach stock market trading and give daily tips for investment to their customer. while subscribing to their service they also promised me if I am not satisfied with their service the subscription money sum amount 16,499/- of will be reimbursed to me within 7 days. they did not start their service within 7 days and I was not satisfied so I informed them within 7 days of the start of service that I want a reimbursement. They agreed to refund my amount 15,100/- within 45days. Now after 45days they are making different excuses and denied to refund my money. please kindly help me to fight this legally.
Asked 4 years ago in Consumer Law

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19 Answers

Dear Sir,

You are suggested to serve a legal notice to that company and if the things are not complied by the company, file the civil as well criminal cases against them for misleading and grabbing the money.  

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

You can make online complaint in the Consumer Forum. 

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Send him a legal notice for refund, compensation for  mental agony and harassment plus litigation charges.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

Hello,

  1. As they have so far not refunded the amount as promised, you must get a legal notice issued to the company. You need to get the physical address of the company to get the legal notice issued.
  2. If the company still fails to refund you can file a complaint against to recover the amount with the cost of litigation  and interest.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

File complaint against company before consumer forum and seek orders to direct company to refund your money with interest 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7821 Consultations

You can send them a notice and later file cosumer complaint for the same

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Issue a legal notice for the recovery of your subscription amount.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

- As per law, any service provider whether online or offline, cannot be allowed to forfeit the service fees or consideration received in advance in case the consumer has not availed the service.

- Further, the clause that the service fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.

- Hence, the said service provider is bound to refund your deposited amount if you have not availed his services. 

- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,

- You should issue a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act

- I have done many such cases , where the service provider has refund the amount .

 

You can connect me via kaanoon.com , if needed further advise , 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

You have been victimized by online fraud. Send legal notice for refund with interest otherwise you will file FIR against them. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Immediately file a case of deficiency in service against the company before consumer court, which shall be easy and fast process for you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

This seems to be a fraud company. 

Anyway you have the option of lodging complaint of cheating with local police station. 

Another option is to file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23220 Answers
514 Consultations

Serve them with a legal notice and than file a specific performance suit against them for getting the refund 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

A complaint must be filed against them for deficiency in services in the district consumer forum.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Please issue legal notice for refund within two weeks and file claim before Consumer Forum if service provider failed miserably to refund your due amount. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

issue a legal notice through and advocate and file complaint before district consumer court on defiency of services. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Do you have any written agreement with the broker of the stock market for this online teaching, if not then it would be difficult for you to get the refund on the basis of the oral agreement or assurances.

However you issue a legal notice asking them to return the amount taken by them from you on this, if they fail to respond or comply with the demand made you may resort to legal action through consumer forum.

 

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

1. Send legal notice to that service provider through your advocate and warn them for criminal and civil proceedings in case they fail to refund the amount with in 15 days of recieving the legal Notice.

2. If they fail to refund the money with in notice period then lodge FIR for fraud against service provider and also initiate legal actions for recovery of money.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Send them a legal notice to refund your entire amount , if they don't comply file a case in the consumer forum.

Please feel free to get in touch with me in case you have other query/queries.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been not provided what you expected for, and in fact would say that you have been cheated also.
  2. I would like to apprise you that you should file a criminal case of cheating against them.
  3. And also file a consumer case for the recovery of money or can also institute a civil suit for recovery before the civil court of law also asking for litigation expenses and compensation for the mental agony.
  4. But, make sure that now you serve a legal notice before taking either of the option as stated above to give them a final chance and self belief that they need to act on it now or taste the art of litigation.

Sanjay Baniwal
Advocate, South Delhi
5476 Answers
13 Consultations

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