Dear client.. file case in consumer forum... Against that company.. for cheating..
And claim for recovery of money.. immediately..
Hi, I have taken service from a company worth Rs.20,000 which promised to provide us with leads, and also made promise to cancel ECS at any time if not happy with the service and we have signed the ECS mandate, however the leads and service was so poor we are not able to take ROI and when we ask them cancel the ECS they say that they cannot top ECS for atleast 3 months and will keep remitting the amount. Also when contacted the bank, they denied to stop the ECS as the ECS should be stopped from the issuing company. So can anybody suggest what is the solution also please let us know the right procedure, is there anything that we can do to save at-least 2 months money and stop ECS immediate basis or taking legal action a better idea against the company who is giving fake commitment and cheating customers. Thank you!
Dear client.. file case in consumer forum... Against that company.. for cheating..
And claim for recovery of money.. immediately..
1) You can submit MOU and ECS details along with complaint application in Consumer Forum of your city and one with RBI make party to bank as well.
2) Go with original documents and with mandate number . And fill the form of ecs mandate cancelation form and attach a photocopy of id proof
we need to check the documents you have signed, to give you an opinion over the queries you have asked.
You can file complaint in district consumer forum.
Transfer all your funds from the debiting account for which ECS mandate has been submitted, to another account
You can instruct your bank to stop payment. If they don't adhere you should not maintain the balance. If you have initiated ECS it cant be cancelled but Payment can be stopped by your bank on your instruction. But the company can hold you responsible for non payment of liability in payments and settlement Act if due.
1. Well, you did a mistake by not making a written agreement wherein you should have mentioned the condition of cancelling the ECS if the service was found unsatisfactory.
Now when it is not there then only option is to send them a written notice seeking cancellation of the agreement and seek stopping of ECS mandate by the service provider.
After giving him the legal notice of cancellation you can withdraw the money from bank so the ECS may fail due to insufficient fund.
Thereafter if the compnay files the case you will have a defence of ECS failure.
Dear Sir,
Every bank has to follow the RBI instructions in this regard. Please see the following and check the link, it may answer your query.
Q.9. Is there scope for the beneficiary to alter the mandate under the ECS Credit Scheme?
Ans : Yes. In case the information / account particulars contained in the mandate undergo any change, the beneficiary has to notify the changes to the User Institution so that the correct information can be incorporated in its records. This will ensure that transactions do not get rejected at the beneficiary’s bank branch due to inconsistencies/ mismatch in the data sent by the user institution.
https://rbi.org.in/commonman/English/scripts/ecs.aspx?id=205
Dear Respected Lawyers, I really appreciate your time in sharing the valuable feedback, suggestions shared by all of you. I would like to share few more insight about the issue, so that you all can be in a better position to get to the point. First as most of the your shared: 1. Moving out the funds and disowning the ECS: This is highly impossible, because as stated by many you, it is equal to dishonoring the cheque and one more important pointed to be noted is that; it is a company current account cheque that we issued for ECS and doing so may affect our Good status of our bank account (I presume, this might affect our credit score as well). 2. Also about mismatch in the information: I would like to share that, I was not shared with any hardcopy of the MOU, but I signed the ECS mandate and when asked for hardcopy he said that he will share a copy online. As he mentioned, I did receive a mail confirming the contract activation, however; in the same mail I was asked to click on a link (YES I AGREE) to accept the contact; But I replied that mail stating that I do not accept the terms & conditions and stated that the category was not correct and asked them to change the category and I did followed up many times, but that didn't happen and also I followed up on same trailing mail if you do not change the category I would like to go for refund and cancel of ECS but they just replied that the local executive would contact you, but even he denied to change the category. THIS IS ALL I HAVE AND A CHEQUE NO THAT I GAVE FOR ECS. Also, I think most of the Laywers would have notice it, I do want to proceed with legal formalities as I think this is completely breach of trust, fake promises and cheating (IT WAS ORAL COMMUNICATION); there are lot of complaints about this company in the consumer forum and one of the customer did place a FIR against the owner of the company which came in newspapers too, I do want to place FIR against them.
This cannot amount to dishonour of cheque
You do not wish to avail the services hence you are seeking to stop the ECS
You should understand one thing - if the ECS is being processed on advance basis in a month, ie before the receipt of promised services, then you have not incurred any admitted liability to be covered by an offense of dishonour of cheque
The situation will be different when payment through ECS is made in arrears at end of service month, ie after receiving the services.
If you fall in former category, it is merely an introduction to the service provider that you no more intend to avail its services and hence not to process the ECS
Even if you request your bank where your company holds an account from which ECS debit is made, it would not result in prejudicing of the company's goodwill on asking bank to stop the ECS.
you are at liberty to file FIR against company and its directors for. Cheating and criminal breach of trust under section 406, 420 of IPC
So can anybody suggest what is the solution also please let us know the right procedure, is there anything that we can do to save at-least 2 months money and stop ECS immediate basis or taking legal action a better idea against the company who is giving fake commitment and cheating customers.
You issue a legal notice to the company mentioning all the issues and inform them that you have cancelled the agreement owing to the poor services and substandard quality.
At the same time you can inform your bank to stop the ECS arrangement owing to the dispute and cancellation of the agreement with the company.
If the bank is not obliging to this request, you may issue a legal notice to the bank and drag them to consumer forum for deficiency in service.
1. it is a company current account cheque that we issued for ECS and doing so may affect our Good status of our bank account (I presume, this might affect our credit score as well).
Your notion in this regard is absurd and unnecessary. For protecting your financial interests you can initiate any such steps which may bring you relief and respite, this cannot affect the credit score since the bank cannot report the stop payment to the CIBIL to affect your score. You can issue legal notice to the company about stopping the ECS arrangement owing to the pointed out discrepancy, hence the company also cannot initiate any legal action against this.
2. As he mentioned, I did receive a mail confirming the contract activation, however; in the same mail I was asked to click on a link (YES I AGREE) to accept the contact; But I replied that mail stating that I do not accept the terms & conditions and stated that the category was not correct and asked them to change the category and I did followed up many times, but that didn't happen and also I followed up on same trailing mail if you do not change the category I would like to go for refund and cancel of ECS but they just replied that the local executive would contact you, but even he denied to change the category. THIS IS ALL I HAVE AND A CHEQUE NO THAT I GAVE FOR ECS.
With the given information, there is nothing illegality about giving instrcutions to bank for stop payment on the ECS mandate cheque.
Your fears are unnecessary especially when you have strong and unrebutable evidence in your side.
You may contact an advocate in the local and issue a legal notice suiting to your prevailing circumstances
It is pretty much clear that you must proceed legally against this service provider including filing criminal cases against them (FIR)
In the meanwhile, it would be better to issue a legal notice to both the company and the bank to stop further clearance of ECS as you are seeking cancellation of their service with immediate effect. Once this notice is issued, the bank must stop further disbursement of ECS otherwise they become liable.
explore this possibility, get in touch with an advocate and start the process.