Hi I booked my wedding lehenga on Saturday September 16, 2017. I had a change of mind and my father requested the owner to hold my lehenga as I wanted to change it. The owner spoke to him rudely and refused to change it. However, at the time of booking he said to hold the design you pay an amount and then you can call us soon to change it. Which is what we did. Now he is refusing to refund the booking amount or change it. I want to know if I have a legal right to claim the refund as I have paid INR 22,400 to the shop owner. Shop: Anarkali, Karol Bagh Google reviews show 1.6 and we checked now - everyone has commented that the owner and his daughter are extremely rude people.
1)issue legal notice to shop owner and seek refund of Rs 22,500 paid by you
2) if owner refuses to refund file complaint before consumer forum and seek refund with interest
3) also claim litigation costs and compensation for mental torture undergone by you
You can send them a legal notice seeking refund and also you can lodge an FIR.
Starting a legal process will be of no use as the same will take a lot of time and money. So you can send him a legal notice seeking refund and can then proceed to lodge an FIR to create pressure.
Let me know if I can be of some help.
Regards
File a case beofre the consumer forum.Forfeiture of total advance money is not permissible for advancement of taking any service.
If you file such case you would get both refund of your money as welll damages and compensation.
Thanks Anilesh - but I doubt the shop keeper will succumb to pressure. He is there in the Karol Bagh market for over 50 years and while they have formed a reputation of being rude, there attitude is still the same. People flock as they offer a good collection - he has a big bank balance and bad reputation for being arrogant and rude so i really doubt if the threatening will help. I really want to solve this battle and not interfere much between my wedding. I consulted Ajay Sethi - but he suggested over call to do the same that he wrote (I paid but didn't call him and he was nice to call me directly, but there wasn't any value addition - since he suggested to do what he wrote). Looking forward to your guidance and sail through this problem without troubling my family about it (my wedding is in few months and people would suggest not to fight this battle but what the shopkeeper has done is really wrong).
1) shop keeper should refund your money if you want to cancel the booking
2) If he refuses you have to file complaint against shopkeeper before consumer forum to recover your money with interest
3) Please note that cases before consumer forum take 2 years to be disposed of
4) You can file complaint again the shop keeper before police station but police would not intervene on grounds that it is civil dispute and suggest you file complaint before consumer forum
Hello,
Everyone succumbs to Law maam. If the police refuses to lodge an FIR you go ahead and file a complaint before the magistrate (option to be availed when you have decided to fight against the said person, as this process will take both time and money).
You can call me for further discussion, because you see it becomes difficult to fight for the reason that it will take time and you will have to visit the court for the same; otherwise you may just try and send a legal notice.
Regards
The nature of the owner may be rude but without any documentary evidence for this yo cannot prove his deficiency.
It was your decision to change and not the decision of the shopkeeper, hence any claim made at this stage may not be legally tenable.
You can get into an amicable settlement with the shop keeper to get the refund to the extent that is possible.
Otherwise you may have to spend at lest three times to get this amount back from him by way of lawyer's fee and court fee expenses.Even then there is no guarantee for refund of your amount.
Knowing the nature of the shopkeeper, it is not advisable to pursue this matter legally because firstly it is not legally tenable without any evidence, secondly it is a costly affair to pursue the mater legally, thirdly, there is no guarantee for recovering the money.
At this stage when you are hectic to solemnize your marriage and other allied activities, better ignore this treating it as a bad dream and a bad debt.
1. The owner had promised to change the lehenga but now he has resiled his promise. It was an oral promise which was not reduced to writing. Now if you serve him a lawyer's notice or even sue him in the civil court he will say that you paid the amount for a particular lehenga and he was willing to deliver the same to you, which you were not ready to accept. So there is no merit in your case. What the shopkeeper has done is bad for sure, but it is not a civil wrong.
2. In future check the reviews of a shop before you visit it for purchase.
