• Service not provided by online merchant

I have paid for an online course from a online merchant (in.empoweryou.life). The payment is done through a payment gateway (Razorpay, which is a reputed gateway). However the merchant did not provide the course and is also not replying to emails. There is no phone contact of the merchant in its website nor there is any address provided. In these circumstances can the payment gateway provide information about the merchant so that legal action can be initiated against the merchant. What are my options where I have limited information about the merchant.
Asked 1 month ago in Consumer Law

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21 Answers

Do u have that transaction... Complain in consumer forum

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

1. File a complaint before the cybercrime branch of the police, they will accept your complaint and investigate regarding the payment and the website. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

You can make complaint in consumer forum online. and plus the nearest police station under cyber law as a cyber crime for not providing the services as per the tort act for Negligence.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Your  legal option is to file a police complaint against the merchant for criminal breach of trust. 

You  will provide the online site of the merchant. The police should be able to track it's physical location 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1342 Answers
5 Consultations

4.4 on 5.0

This seems to be a dubious website to cheat people. 

So lodge a complaint Cyber Cell of the Police. If you have the address found from the website then you can file case before consumer forum as well. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Please approach cybersecurity cell and cyber crime Branch for lodging your complaint under cheating and forgery charges against both online course and payment gateways. The cybersecurity cell would initiate appropriate actions based on your FIR against them under IPC and I T Act for REDRESSAL OF YOUR GRIEVANCES. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Engage a detective agency to trace the merchant 

2) you need at least its email I’d to issue legal notice



3) payment gateway would not furnish details of the merchant 

 

Ajay Sethi
Advocate, Mumbai
79342 Answers
4746 Consultations

5.0 on 5.0

Razorpay is online payments solution allows businesses to accept process and disburse payments with its product suite. File your grievance to them through their site. The same time trace out the online merchant activities in net and find out the contact address or phone number and file a complaint before the police station Cyber Cell.

Ajay N S
Advocate, Ernakulam
3627 Answers
71 Consultations

5.0 on 5.0

You can file a consumer complaint after sending him a legal notice

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Hello, 

  1. πš†πš‘πšŽπšπš‘πšŽπš› πšπš‘πšŽ πš™πšŠπš’πš–πšŽπš—πš 𝚐𝚊𝚝𝚎𝚠𝚊𝚒 πšŒπšŠπš— πš™πš›πš˜πšŸπš’πšπšŽ πšπš‘πšŽ πš–πšŽπš›πšŒπš‘πšŠπš—πš πšπšŽπšπšŠπš’πš•πšœ 𝚝𝚘 𝚊 πšπš‘πš’πš›πš πš™πšŠπš›πšπš’ πšπšŽπš™πšŽπš—πšπšœ πš˜πš— πšπš‘πšŽπš’πš› πš™πš˜πš•πš’πšŒπš’ πšŠπš—πš πšπš‘πšŽ πšŒπš˜πš—πšπš›πšŠπšŒπšπšœ πšπš‘πš˜πšœπšŽ πšŽπš—πšπš’πšπš’πšŽπšœ πš‘πšŠπšŸπšŽ πš’πš— πšŒπš˜πš–πš–πš˜πš—. 
  2. π™·πš˜πš πšŽπšŸπšŽπš› 𝚊𝚜 𝚒𝚘𝚞 πš‘πšŠπšŸπšŽ πš‹πšŽπšŽπš— πšœπš πš’πš—πšπš•πšŽπš πš‹πš’ πšπš‘πšŽ πš–πšŽπš›πšŒπš‘πšŠπš—πš πšŠπš—πš 𝚒𝚘𝚞 πšŠπš›πšŽ πš πš’πšπš‘πš˜πšžπš πšœπšžπšπšπš’πšŒπš’πšŽπš—πš πš’πš—πšπš˜πš›πš–ation about the vendor. You can file a complaint with the cyber cell who has the authority to extract information as required from anybody. 

S J Mathew
Advocate, Mumbai
3036 Answers
110 Consultations

5.0 on 5.0

- It is well settled law that any service provider like the training institutes, educational institutes/schools or College /university cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service. 

- Further, the clause that the Course/Registration fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.

- Hence, the said merchant is bound to refund your deposited full amount if you have not availed his services. 

- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,

- You should issue a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act

- Since, you have not the address of opposite party , then you can send the notice through online mode i.e. email ,watsup etc. 

- Further , the said gateway is not bond to provide you the address legally. 

- I have done many such cases , where the College /Institute /service provider has refund the amount .

 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

Payment gateway will not help.

You can file a police complaint and a also file a consumer case 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

File FIR OF cheating. Payment gateway is liable to provide information about merchant.

Or first inquire from payment gateway and if information not provided, than file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

The ascertainment of the address is the prerogative and the function of the court and police officials. But, firstly, a legal notice stating all the grievance and the addressing the legal notice to the merchant and the payment gateway will suffice your requirement. Provide them 10 days time to refund your payment along with the legal and compensation. The police complaint will be initiated after that in which they cant hide and will be arrested. 

 

In case you need my assistance, i can be contacted here or on google at 

https://g.page/advocate-yuganshu-sharma-sys-la?share

 

Regards, 

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

  1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,
  2. if payment is not made despite service of the legal notice, you can file a consumer complaint as per the provision of the latest amendments,
  3. the consumer case can be filed from your place,
  4. you can also claim appropriate compensation for causing mental agony & unfair trade practice
  5. you have to collect the information from your own sources,
  6. the payment gateway is not legally bound to provide you the necessary information, 

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

The payment gateway may not be able to help you in this regard.

Their job is only to act as a mediator between you and the other party in respect of the transactions between you both.

You may have to approach police or cyber crime police with a criminal complaint against the service provider with  a complaint for the cheating offences.

In the absence of any address you cannot even issue a legal notice, however since you have email address, you can issue a legal demand notice through your advocate.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

1. Payment gateway will not provide any information about its clients to you without orders from court or police.

2. You should send them an email that you are going to lodge FIR against them under section 420 IPC for commiting fraud with you.

3. If they doesnt reply then lodge FIR against service provider.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear Client

 

This is to inform you that,

 

  • You can take legal action by filling a complaint of cyber fraud with the Cyber cell Branch within your Jurisdiction.
  • You can also file it by sending the details online on their official website as due to the COVID-19 they are accepting it through website. Or in alternate if it is possible for you then you may walk into the police station as well and can submit your complaint at the reception desk of the police station.
  • While filing the complaint you need to mention all the details and the screenshots of the payments made by you, website name and details, their Email id and the mails that you have sent and if any mail has come from their end.
  • The cyber branch will track down the person though the IP address and take the appropriate actions.
  • If the Cyber Cell do not take any action on your subject then you may approach the DCP office of your concerned area and if nothing goes by from there as well then you may come up before the Criminal Court of Justice of your concerned area under section 156(3) of CrPC or under section 200 and 202 of CrPC.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

in such situation, you may start with sending a legal notice to the online merchant and then file complaint before district consumer court. 


Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

A criminal complaint against the organisation must be filed in the cyber crime cell of thevpolice immediately.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve the legal notice to the said merchant and then file the cases against the same. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

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