NestAway is house brokering company they give houses for rent and then they will collect rent from customers using NestAway App. In September I paid my rent, Nestaway said, they didn't receive the money, i paid twice. regarding 1st transaction till now didn't receive my money back. i raised truncation depute in axis bank, axis bank is saying amount is credited to merchant account. also i checked with payU gateway they are saying transaction is closed in merchant faver. Nestaway is telling, yes we received, and also we did refund, till now i didn't receive the money, i told Nestaway i am not going to pay November month rent as you have not refund my money, now Nestaway is charging 200/bay as a fine to me. Please help on this issue, i don't want to leave this people as they are troubling customers.
it's been more than 2 months i haven't receive my money from NestAway, how to handle these kind of issues?
Issue legal notice to nest way to refund excess amount paid by you
2) enclose copy of bank statement which reflects excess payment made by you
3) you can file complaint against nest way before consumer forum and seek refund of excess money paid by you with interest
4) also seek litigation costs and compensation for mental torture undergone by you
Stop payign rent, nothing will happen. NestAway is committing cheating.
Tenant cannot be evicted without due course of law. This will take years. When you will stop paying rent, NestAway have to make payment to owner from it`s pocket.
This will affect it`s credibility in the mind of owner and consequently business and brand value will effect.
It's a clear illegal act. They need to adjust the rent received twice. They can't levy you fine. You can file a consumer complaint against them
1. If you have documentary roof to show that the money has been debited from your a/ c and the same has not bee reversed as yet then the beneficiary can not dispute the payment anymore.
2. So email then your online transaction details ad refuse to make further payments.
3. So you may withhold paying rent for next 2 months to adjust this money.
- As per law, Nestway is bound to return or adjust the excess amount dully paid by you.
- Since, you have proof of double payment , then the charging fine is also not valid.
- You should issue a legal notice to the Nestway company , for the same , and thereby informed to adjust the excess amount in the November months rent.
- Dont, worry , you cannot be evicted from the house due to their fault.
- If they are trying to create any trouble , then you should file an Injunction suit for restraining to take possession from you.
Good luck and dont forget to rating Positively.
I have bank statements and also axis bank dispute confirmation letter , payU mail confirmation. My rent amount is 11k , if i have send court notice, then i have to pay more to Lawrence, at the end I may be loosing more. I want to fight with these kind of corporate criminal .
Legal expenses would be more than money sought sought to be recovered
visit their office personally to resolve the dispute
Already informed you the best way out.
Dear Sir,
You are correct Sir. Somebody must set right the wrongs being regularly committed by the Corporate entities. You may get issue a legal notice followed by complaint before consumer court.
- Better to settle the matter of dispute amicably.
- If, threaten to dispossess you , then only , do the needful as i mentioned above.
See you can send a legal notice and also ask.them to set aside penalty since you did not received your amount back. In case they then also does not cooperate file a consumer complaint before district forum.
See you don't need to engage lawyer for same you can yourself also as party in person contest it, it is not necessary to engage lawyer in consumer dispute.
You can issue a legal demand notice demanding the excess amount held by the brokering agency.
You can also mention in the same notice that if they are not able to refund the same , let them adjust the amount towards payment of future rent payable by you now.
You may send the legal notice by registered post
You may resort to legal action by first sending a legal demand notice based ion the evidences in your possession and after that you may plan further legal action on this.
If you cannot afford to pay the lawyer's fee, then you can send the demand notice by yourself but make sure that it do not have any technical defect.
Because your error and defects may become a farce to your complaint case.
issue a legal notice through an advocate and complaint before consumer court and seek refund along with compensation.
In case money is not refunded by the company you can send a legal notice demanding payment of full dues. In case it is not done then file a complaint in consumer forum for deficiency in service. Also you can register criminal complaint of cheating against them.
Appearing in consumer court does not require a lawyer, and you can represent yourself.
You can do the needful
Kindly make complaints in the consumer forum of your city and bank, RBI ombudsmen on line.
1. A criminal complaint for the offence of criminal breach of trust and cheating under Section 406 and 420 IPC may be filed in this case.
2. If police does not lodge the FIR then a criminal complaint can be filed under 156(3) Cr.P.C. wherein the court can direct police to lodge the FIR.
You have a fit case of consumer complaint based on the amount paid and the compensation you are looking for you have to file your complaint with the consumer forum of the district where you have intended to take the property on rent and the Nest Away may be forced to pay back the amount paid and compensation with legal charges
Hello,
File a consumer complaint immediately and ask for refund .
Regards
You should lodge complaint of fraud with police against the owner of nestaway company for cheating and criminal breach of trust against you.
Dear Sir,
There has to be proof of payment, and a deficiency of service, which you can hopefully prove with documentary evidences.
My standard reply is below except name of Opposite Party (OP) has to be changed to: Flats, House, Rooms for rent at PG prices without broker | Furnished/Unfurnished Apartments for rent | NestAway
Before filing consumer forum complaint, you should send a letter/legal notice to the other party explaining the deficiency of product/service etc along with basic proofs like date of purchase, amount paid etc which establish a consumer relationship with them. If they don't reply or reply with a false denial, you can approach consumer forum as given below.
You can file complaint in district consumer forum of your city. You can read these articles below to understand the process in detail, and also I am giving basic summary/steps of whole process in this answer itself. For any city, you can do google search to find website/address/phone numbers of district consumer forum and the steps will be very similar as described in process for Bangalore and Delhi forums below.
