• Questions related to refund

I recently got duped by two service providers:
a) A deputy bank manager from ICICI Bank gave me incomplete information and made me buying a new debit card. I should have reissued the existing one which is cheaper. 
They made me sign on a form to order debit card. Only 8 days have passed. I want to revert to my existing card and get a refund.

b) An automobile service center accepted their fault, but are not ready to refund. 900 approx Rs.

One reason given by both these parties was that invoice and GST is made so it cant be refunded.

I am upset with the lack of service and would like to get refund. I am in process of lodging a complaint with them at various level. Everything looks proper on paper but they just keep fooling the customers. 

If a invoice is made, does it mean that I cannot get a refund.
 I want to learn about dealing with such matters, to get such obstacles of life cleared.
Please give your suggestions. I may need hire professional help to followup how much it would cost.
Thank you.
Asked 5 years ago in Civil Law

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15 Answers

Hello,

These are very small things which you can avoid by being little aware.

First thong which I always tell me client is that one should not sign on any document without reading it, you signed those documents without reading and now you are complaining about the same.

However, if you want then you can accelerate the issue to consumer forum. Contact a lawyer and make it a case that they used their dominant position to get the document signed.

Give details about the second issue.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

Well, ib many banking services full refund is not permissible.

Aon in this case also while applying you agreed to certain terms and conditions which made you bound to adhere to such conditions.

If still you have some grievance then lodge complaint with the Banking Ombudsman in writing If your complaint is found to have some merit it will hear both the parties and would direct the Bank to redress your grievance.

Before that make all the follow ups through email only.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

File a complaint under consumer law. Take the help of local lawyer. You can hold them liable.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

You haven't all the details.What information was concealed from you ?

you can issue a notice to both the defaulting parties and thereafter initiate proceedings in the consumer court.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

1) if you have signed form you have accepted terms and conditions of debit card

2) on said basis debit card was issued to you

3) you can cancel the debit card if you do not desire debit card and claim refund if permissible

4) for claiming refund of Rs 900 going to court would be futile exercise as expenses would be far more than reliefs claimed by you

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Hi,

Please file separate consumer complaint in the district consumer redressal forum against ICICI BANK and automobile service provider with all the detail you have.

In ICICI case I doubt that the sign you put on the blank for may go against you and definitely they will say that you agreed and signed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. It is not appropriate for them to tell you invoice can not be reversed.

2. Wrt. ICICI bank issue, you may write a letter to his superior ask him to reissue the existing card ( In case, if existing card is blocked then you can ask him for reversal of charges that you incurred to get new one.

3. Wrt. issue with the automobile service center, you may issue legal notice for the return of the money. If they do not return in stipulated time then you need to approach consumer court where you will be compensated for all spending towards filing the suit.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Query Raiser,

if the issues that you are talking are genuine then we suggest you to file Consumer Compliant and get the same resolved with proper compensation for the problems you faced due to these deficient transactions.

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

1. The form to order a new debit card was signed by you which shows that you consented to a new debit card being issued to you.

2. If the new debit card has been generated then you cannot claim refund of from the bank of the cost of issue of new debit card except if you can prove that immediately after applying for the issue of the new debit card you had applied to the bank in writing to not to process your request for issuance of the new debit card.

3. The generation of invoice is not the deciding factor but the consent by you is.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can cancel any order at anytme. you are customer, you have that right. GST is now a good excuse to fool people. since people have very little knowledge about it, they cannot challenge this GST excuse. gst is nothing but a tax like income tax. imposing it in invoice never mean that invoice cannot be cancelled.

you better file a case in consumer forum and file a money suit against them.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

a. Send a legal notice wherein you must give a meticulous description of all your grievances and seek their immediate redressal. Approach the Consumer Forum if the issue is not resolved despite the legal notice.

b. Send a legal notice and call upon them to take the corrective/remedial measures at an immediate basis.

You can claim a refund despite the invoice, if services rendered to your are deficient or incomplete.

You send legal notices through kaanoon.com.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

hi, the appropriate authority to claim compensation in such cases is consumer forum..you can file a complaint in the consumer court against the bank and the automobile service center

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

The ICICI credit card can be cancelled even now by giving an application in writing and sent it by registered post or in person to the concerned officer with an acknowledgement.

If there is no response to this notice then you may drag them to consumer forum too.

To the automobile company you may issue a legal notice seeking clarification and refund of excess charged amount.

Invoices can be cancelled citing error as reason.

Let the service provider give an answer after which you may plan further legal course of action.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

No even if invoice is made by their mistake they have to make reverse entries and refund you the amount. You can't suffer for no fault of yours. If they don't respond file complaint to consumer court.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Hi, both of the cases mentioned are related to deficiency of service and unfair trade practices and your may sue them for it. But before that you are required to send a legal notice for removing the defect and returning money.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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