• Refund promised but not given

I had enrolled for a 1 year program with the portal "simplilearn" where I paid around 38k. Before enrolling, I asked the sales rep(who spoke with me in a recorded line) that if I am not satisfied with the quality of online classes, can I cancel and get a full refund. She told me if I cancel within the 1st week from when the class starts and provided I havent accessed more than 25 % of the online course content, I can get full refund.
It seemed as a fair proposition so I enrolled. On the 2nd day of the class(the 1st day was only an introduction), I realised the quality and content of the class is not good so stopped attending the class from day 3 and sought refund.
Now they say, as per their refund policy, I can get refund only if i cancel the class within 7 days from the day i made the payment. This is mentioned in the refund policy too. However, the sales representative while selling the product promised me something else which is i can get refund within 7 days from when the class starts and not when i make the payment.
I even asked them to share the phone recording but they say as per company policy, they cannot share the phone recording.
I need to know how can i recover my money from them?
than you
Asked 1 year ago in Criminal Law
Religion: Hindu

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8 Answers

You can make online complaint in consumer forum against them and ask for refund.

 

 

to get 38K , I have suggested you free legal advice that you can make online complaint on government site in consumer forum.

 

If you want to spend more many than kindly send legal notice through lawyer.

 

First you send via email or phone which they are not responding to you, now try to send legal notice by lawyer. 

 

Lawyer will send a Notice according to agreement and till date facts and issue history.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Even if there is any clause in the agreement to the effect that any consideration paid is not refundable, such clause is invalid and unenforceable. Section 2 (46) of new Consumer Protection Act, 2019 declares so in clear terms. No term of policy of service provider can override express provision of law of the land. Issue lawyer's notice  seeking refund with interest within fifteen days and thereafter file complaint in District Consumer Commission under the new Act. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. Proceeding under new Act are very fast.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You first issue a legal notice to the firm stating that you have already intimated them your decision to cancel the course and as per the company policy as told by the company executive the refund will be done in full but now the company is turning the table stating that you are not eligible which is nothing but an act of cheating and breach of trust.

If they fail to reply or comply with your demand to refund the amount you may  file complaint in District Consumer Commission under the new Act and seek relief and remedy

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You are entitled to refund if you are not satisfied with quality of lectures 

 

file complaint against portal before consumer forum and seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Dear Client,

It is advisable that you should file a complaint.

Thank You.

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

You can send them legal notice and then file a consumer case

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

             If the services are not up to the mark then you can establish the same and claim refund of entire amount less administrative expenses up to maximum of 10% of paid amount.  Get issue a legal notice threatening to launch viral anti propagation against them on the internet.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Sabalgarh notice to them if they fail to return your full amount within 15 days of receipt of the legal notice you can approach district consumer forum against them where in you can claim the entire amount paid by you along with interest, compensation and litigation expenses.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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