Do u have that transaction... Complain in consumer forum
I have paid for an online course from a online merchant (in.empoweryou.life). The payment is done through a payment gateway (Razorpay, which is a reputed gateway). However the merchant did not provide the course and is also not replying to emails. There is no phone contact of the merchant in its website nor there is any address provided. In these circumstances can the payment gateway provide information about the merchant so that legal action can be initiated against the merchant. What are my options where I have limited information about the merchant.
1. File a complaint before the cybercrime branch of the police, they will accept your complaint and investigate regarding the payment and the website.
You can make complaint in consumer forum online. and plus the nearest police station under cyber law as a cyber crime for not providing the services as per the tort act for Negligence.
Your legal option is to file a police complaint against the merchant for criminal breach of trust.
You will provide the online site of the merchant. The police should be able to track it's physical location
This seems to be a dubious website to cheat people.
So lodge a complaint Cyber Cell of the Police. If you have the address found from the website then you can file case before consumer forum as well.
Please approach cybersecurity cell and cyber crime Branch for lodging your complaint under cheating and forgery charges against both online course and payment gateways. The cybersecurity cell would initiate appropriate actions based on your FIR against them under IPC and I T Act for REDRESSAL OF YOUR GRIEVANCES.
Engage a detective agency to trace the merchant
2) you need at least its email I’d to issue legal notice
3) payment gateway would not furnish details of the merchant
Razorpay is online payments solution allows businesses to accept process and disburse payments with its product suite. File your grievance to them through their site. The same time trace out the online merchant activities in net and find out the contact address or phone number and file a complaint before the police station Cyber Cell.
Hello,
- It is well settled law that any service provider like the training institutes, educational institutes/schools or College /university cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service.
- Further, the clause that the Course/Registration fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.
- Hence, the said merchant is bound to refund your deposited full 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.
- Since, you have not the address of opposite party , then you can send the notice through online mode i.e. email ,watsup etc.
- Further , the said gateway is not bond to provide you the address legally.
- I have done many such cases , where the College /Institute /service provider has refund the amount .
File FIR OF cheating. Payment gateway is liable to provide information about merchant.
Or first inquire from payment gateway and if information not provided, than file FIR.
The ascertainment of the address is the prerogative and the function of the court and police officials. But, firstly, a legal notice stating all the grievance and the addressing the legal notice to the merchant and the payment gateway will suffice your requirement. Provide them 10 days time to refund your payment along with the legal and compensation. The police complaint will be initiated after that in which they cant hide and will be arrested.
In case you need my assistance, i can be contacted here or on google at
https://g.page/advocate-yuganshu-sharma-sys-la?share
Regards,
The payment gateway may not be able to help you in this regard.
Their job is only to act as a mediator between you and the other party in respect of the transactions between you both.
You may have to approach police or cyber crime police with a criminal complaint against the service provider with a complaint for the cheating offences.
In the absence of any address you cannot even issue a legal notice, however since you have email address, you can issue a legal demand notice through your advocate.
1. Payment gateway will not provide any information about its clients to you without orders from court or police.
2. You should send them an email that you are going to lodge FIR against them under section 420 IPC for commiting fraud with you.
3. If they doesnt reply then lodge FIR against service provider.
Dear Client
This is to inform you that,
in such situation, you may start with sending a legal notice to the online merchant and then file complaint before district consumer court.
A criminal complaint against the organisation must be filed in the cyber crime cell of thevpolice immediately.