• Help required in taking refund from company

I have made a purchase of sanitizing chemical online seeing an ad on Facebook on 10th may 2020 of rupees 20,300/- from the Kolkata based company called chemtex which’s address is Registered Office
Haute Street Corporate Park 86A Topsia Road (S) Kolkata - 700046. They have taken money and the have billed the products on the same day and they said delivery time would be 3-4 working days, I asked them shipping details as it will be helpful for me to track the shipment, After about 5days of repeated 
requests by phone They sent an WhatsApp receipt image which saying they have shipped my products on 11th may 2020 by delhivery courier service, I took the receipt number and started to track the shipment to my surprise it’s showing invalid number when I started to ask the chemtex people about this they stopped receiving my calls and messages also now I am In helpless Situation 
I have invoice copy 
I have record of payment 
I have record of the receipt of delhivery courier 
This is what the problem is please guide me how can I get out of this
Asked 7 months ago in Consumer Law

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27 Answers

1. Send a legal notice to the Company's registered office.

2.  Lodge a Police Complaint against the Company for cheating.

3.  If it doesn't yield positive result, file a case against the Company in Consumer Court for deficiency in service.

Shashidhar S. Sastry
Advocate, Bangalore
3251 Answers
180 Consultations

5.0 on 5.0

1. it seems that you are cheated,

2. immediately lodge a police complaint against them for causing cheating (420), misappropriation of funds (406), forgery (464),

3. in an alternative,

you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,

if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,

chat, call records, WhatsApp record, payment record, courier record, if relevant, can prove your case and are admissible as an evidence

but police complaint will be more effective

Suneel Moudgil
Advocate, Panipat
2336 Answers
3 Consultations

4.7 on 5.0

You can send them a legal notice and recover the amount by filing suit for recovery. 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

File police complaint of cheating , criminal breach of trust against company and its directors under section 406, 420 of IPC 

 

2) you can also file complaint against company before consumer forum seek refund of money paid by you with interest 

 

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

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

File FIR of cheating. 

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

You can file online complaint against them in the consumer forum of your city. And once Lock down is open file Criminal, fraud, misrepresentation FIR against them.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

1. Most of the items purportedly sold through facebook are fraudulent. Money is taken but the product is either never shipped or a sub-standard product is shipped.

2. If you know the address of seller, which I presume may be wrong in the first place, you may file a police complaint for the offence of cheating and criminal breach of trust under Sections 420 and 406 IPC.

3. Also serve a lawyer's notice to the seller.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

Dear client, first you have to send a demand notice to the company for 15 days if even after receiving demand notice the company does not pay your bills then you may file a suit for recovery in the civil Court.

Jaswant Singh
Advocate, Gurugram
891 Answers
2 Consultations

4.8 on 5.0

Send them a legal notice stating that either they resolve your problem or be ready to face some legal consequences. 

Than wait for 7 days and than file a police complaint against them under section 420IPC.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

You are suggested to serve a legal notice to the company for refund of money with interest etc. and if not done by the company, file the complaint with police for fraud. In the period of lockdown, the complaint may be filed online as well as by post. Better file the complaint by post  to SHO and SSP together and retain the postal receipt. The FIR is bound to be lodged by this mode.  

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

1. If even on payment of money you have not received the product then you are either entitled to get his article or get refund of the same.

2. Now if the sender does not ensure either of these two then you can file the case before the consumer forum to get full refund along with interest and damages.

3. You ave enough proof for the reliefs as advised above.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

You issue a legal notice demanding the product or refund of your money with interest through an advocate.

Let them give a reply stating that they have delivered the goods quoting the relevant receipt number or any other detail, if it is found to be fraud then you may either file a case for recovery of money with damages or lodge a criminal complaint with the police.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

- As per the Information Technology Act, electronic communication can be produce as a proof in court.

- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.

- Since that company failed to deliver the goods to you, hence you can lodge your complaint for the offence of cheating before the cyber crime police as well. 

- Send a legal notice after mentioning that due to fault of delay you have cancelled the transaction , and ask for refund .

- If, no response, then lodge a written complaint online as well. Your said documents stated by you , are enough to take refund of your paid amount with the compensation. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

Take this up, in a legal notice seeking refund, that you must sent to then Kolkata based company. They are bound to despatch your consignment upon you having made the payment and ensure that the package reaches you within the stipulated time, failing which you are entitled to seek refund. Send legal notice through a lawyer

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

See you can issue a legal notice seeking refund and compensation for deficiency in services and cheating. Also file a complaint with police they may be trying to cheat with false ads.

You may file a consumer complaint if on notice they fail to refund the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-

These cases are very common in various courts of India and Supreme Court of India. I can understand your problem. There are already some cases against Chemtex Ltd. in West Bengal. I have dealt with such cases in Supreme Court.

You can a FIR under Sec 420 of IPC as they have cheated you and also under Sec 406 of IPC for Criminal Breach and if the court finds guilty, the person will be imprisoned and has to repay the money

Section 420 of Indian Penal Code states cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 406 of Indian Penal Code states Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalizes bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

By filing the FIR, criminal action will be initiated and by sending legal notice through Advocate civil action will be taken and you can also demand compensation for mental and physical agony you are facing due to their illegal behavior. Both civil and criminal action can be taken together. In fact, in the case of Syed Askari Hadi Ali Augustine Imam v. State (Delhi Admn.), the Supreme Court has held that indisputably, in a given case, a civil proceeding as also a criminal proceeding may proceed simultaneously.

 

 

You may contact my secretary to connect with me for clarification.

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,

Advocate-on-Record & Amicus Curiae,

Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
303 Answers
4 Consultations

4.0 on 5.0

You have to send a legal notice through a lawyer including compensation and losses suffered else you also can approach consumer court against them and file civil as well as criminal case upon them

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Using the above details / documents, you file police complaint for cheating and criminal breach of trust U/s.420 & 406, on the company, its promoters and the directors.

Followed by above, you can file complaint before consumer forum once the lock down is lifted, seeking direction from Forum against the Company and its personnel to refund the money alongwith interest.

You can also claim damages for mental tension and also litigation expenses.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

1. Wait for a few days and when you are absolutely sure that you have been cheated, THEN write a written complaint to SP, Kolkata, explaining in details and annexing all relevant available documentary evidences and request for Investigation and Prosecution on the said Co.

2. You also have an option to lodge a "Zero FIR", at your local Police Station, and the said FIR will be transferred to SP, Kolkata, for Investigation and Prosecution on the said Co.

3. Other methods like Civil Court case etc.... are going to be very very time & money consuming and not viable for such a small amount.

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

Hi,it is advisable to send a legal demand notice for the refund of the amount..If they fail to refund,you can approach court..

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

1. This is a criminal case and not consumer case

2. You should make a police complaint against that company for cheating and criminal breach of trust with you.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

A criminal complaint must be filed against the company for fraudulently taking money from you and then disappearing. 

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You have to wait for sometime as soon as the court will open you can file your complaint in consumer forum of your district claiming the amount of invoice which you have already paid legal charges and compensation for not providing the sanitizers during this pandemic situation it is advisable that you have to claim compensation bit higher so that lesson can be given to the company

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

Dear Client

  • At the First Instance I would suggest you to wait a little as the deliveries can take time during the COVID-19 period and keep on contacting the seller.

  • I would suggest you to call the helpline of the Courier Services ‘Delhivery’ or get in touch with the same courier services operator in your city and inquire about whether actually they have sent some parcel or not? Even if the tracking No. is invalid you can enquire about the parcel by stating your address and the sellers address and other details.

  • Once you have figured out that no parcel has been dispatched from their end you can send them a legal Notice at the same registered office address stating all the details asking them to refund your money or attempt to deliver your product withing a stipulated time period or you can mail it also and wait for their reply.
  • If no reply is received from the company to the legal notice, you can hire a consumer law attorney to file a consumer complaint against it in the appropriate consumer forum. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Please first send a legal notice to the company asking for refund of money. If they fail to repay the amount lodge a civil suit fir recovery of money, consumer petition and also a criminal complaint for fraud and cheating. Feel free to contact me in Mysore 


Please first send a legal notice to the company asking for refund of money. If they fail to repay the amount lodge a civil suit fir recovery of money, consumer petition and also a criminal complaint for fraud and cheating. Feel free to contact me in Mysore 


Please first send a legal notice to the company asking for refund of money. If they fail to repay the amount lodge a civil suit fir recovery of money, consumer petition and also a criminal complaint for fraud and cheating. Feel free to contact me in Mysore 

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir/Madam

 

You will have to take recourse of filing a summary suit.

Balaji Iyer
Advocate, Bengaluru
18 Answers
2 Consultations

5.0 on 5.0

Hello Sir, I have read your query and I opine that Firstly you should send a legal notice on the registered address asking for the refund of money. All the facts should be covered in the legal notice and it should be a conclusive proof. Apart from that Check the company details of the MCA website to get more details of the company such as other address and name of the directors or partners and sent a legal notice to that address too. 

After providing with a reasonable time to respond, if no response if given or no satisfactory response if given from their side then you can go for filing a Civil Suit under Order 37 CPC which is the summary procedure. You should also report such page or advertisement for the public at large to be cautious. 

 

You can follow up your queries if you have any. Please don't forget to rate my answer and provide with a valuable feedback and your feedback keeps me growing. 

 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court

Managing Partner at Talbros Legal LLP

Varun Talwar
Advocate, Sonipat
27 Answers

Not rated

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