• I have signed a contract which has a clause of non-cancellable, now I do not want the subscription

I have signed a contract which has a clause of noncancellable, later I found there may other companies providing the same services at a very cheap cost. I am the sole proprietor of a firm.

 I have told them that I do want your subscription, they told me that you have signed a noncancellable contract, now you have to pay for the subscription, the contact will start in a future date, I have sent them an email before the contact start date that we do not require your subscription and we will not proceed further. They have sent me the login ID and as me to pay for the subscription. The subscription was for 1 year.

What are my legal option to save me from this type of unfair enforceable corporate practices
Asked 2 months ago in Business Law from New Delhi, Delhi

Hello,

there can not be any contract which is non cancellable. The same is void ab initio, you may send a notice and take an exit. Any case filed by them for enforceability of contact will be weak.

share the contract for a more concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
14910 Answers
209 Consultations

5.0 on 5.0

You have voluntarily entered into the contract after going through the contents of the contract.

You were not forced to accept the contract hence you cannot term it as unfair practice.

You will be finding plenty of better offers than this, but breaking this contract may attract breach of contract cluase, by which you may be liable to pay compensation for the loss to the other party..

However, if you aren't willing to continue he cannot force you.

You may better issue a legal notice communicating your decision to cancel the contract and send it by registered post.

Await his reply for further course of action.

T Kalaiselvan
Advocate, Vellore
50033 Answers
591 Consultations

5.0 on 5.0

A policy contract that specifies that the insured may continue coverage by paying the premiums for a specific time frame. During the same time frame, the insurer is prohibited from making changes. The premiums on this type of policy cannot be changed during the term.

Mohammed Mujeeb
Advocate, Hyderabad
6263 Answers
3 Consultations

4.5 on 5.0

See if there is clause that the subscription cannot be cancelled  and the refund shall not be granted and you have agreed to the terms then after subsscription it shall be hard to cancel same and take refund of amount for the time period.

Though you can try can give a legal.notice to the company and can file a consumer complaint for malpractice by company.

For future you should read terms and conditions carefully and if there are such condition you can ask company providing services to modify same.

Shubham Jhajharia
Advocate, Ahmedabad
14237 Answers
57 Consultations

5.0 on 5.0

Any clause which is unfair and illegal can't be enforced even if agreed in clauses of contract

Prashant Nayak
Advocate, Mumbai
7181 Answers
7 Consultations

4.8 on 5.0

The contract has been signed and hence you are bound by it. There must be some exit clause. If there is none you can negotiate with them and get out giving a small amount because if you dint honour your part of the contract they could sue you for specific performance of the contract.

regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

If your subscription money is not refunded file complaint against company before consumer forum and seek refund of money paid by you with interest 

 

2) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
59858 Answers
3619 Consultations

5.0 on 5.0

refuse to make payment . 

 

inform the company that you do not want the subscription 

Ajay Sethi
Advocate, Mumbai
59858 Answers
3619 Consultations

5.0 on 5.0

The problem here is that you have su GB need on the contract and therefore they are trying to enforce the terms and conditions as stated in the contract.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

If they raise demand of the amount you can refuse same citing that you have not used the service and further you cancelled the subscription even before the starting date.

Shubham Jhajharia
Advocate, Ahmedabad
14237 Answers
57 Consultations

5.0 on 5.0

You need to make the fault in this contact and let them go to the court this contract will not his stand in the good as this is non cancellable contact and does not provide you the equal opportunity to exit from the contract

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

Dont pay the same to them. Let them proceed against you. You can file your reply in court.

Prashant Nayak
Advocate, Mumbai
7181 Answers
7 Consultations

4.8 on 5.0

If you have not made any payment nor entered into any agreement then you can return their login id stating that you are no more interested in this deal.

Let them come out with their case which can be challenged on merits.

T Kalaiselvan
Advocate, Vellore
50033 Answers
591 Consultations

5.0 on 5.0

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