• Fraud online payment

I have purchase online Digital sony alarm watch from askmebazaar.com, It was cost for 1650 they have given me discount 150 and got it in RS.1410, i did online payment, but while doing payment it shows more discount and got it 960 Rs on 20th Aug 2015. After that they send me courier as Cash on Delivery. I paid 1410 and pickup digital watch. Now i am asking my money back. But they are keep on delaying me. They are not giving me money back. I want to do legal action against them, it not point of 960 Rs. can they make fool of us? Who has given them rights? I have all the proofs. I have C.O.D. receipts. Please help me. Leading tv actor Farahan Akthar is doing advertisement of this site.
Asked in Civil Law from Bangalore, Karnataka
1) why do you want your money back? is the watch defective? 

2) what are the terms and conditions mentioned in invoice? .if you had made online payment of Rs 1410 where was question of paying cash of Rs 1410 on delivery 

3) you have to return the goods within period mentioned in invoice 

4) if site refuses to refund your payment you can move consumer forum and seek refund with interest 

5) however legal costs will be more than the refund amount 
Ajay Sethi
Advocate, Mumbai
28415 Answers
1542 Consultations

5.0 on 5.0

Hi, you have to file a complaint in the consumer forum for deficiency of services.

2. You can also lodge a police complaint for the fraud committed by the company.
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

1) the website is bound to refund excess payment made by you 

2) there s no question of return of goods as double ayment made by you 

3) you can file complaint before  consumer forum on your own 

4) seek refund plus compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
28415 Answers
1542 Consultations

5.0 on 5.0

Hi Sir/Madam, you have every right to get justice in this fraud online payment if you have got all the relevant documents in respect of said transaction, before going to file the Petition in the forum of Consumer Disputes, you have to issued a legal notice to them, after issuance of legal notice they have to comply the demand legal notice, thereafter you have to file the petition u/s 12 of the Consumer Protection Act, 1986 before the jurisdictional Consumer Forum, Bangalore by claiming a refund of money as well as deficiency of service and compensation for mental agony. If you want my legal service I will do it.
C. V. Jadhav
Advocate, Bangalore
271 Answers
4 Consultations

3.8 on 5.0

1. You had made the payment online but the courier was sent as cash on delivery. This is clearly case of cheating and impermissible trade practice.

2. You should not have paid the amount sought as COD when you had already made the payment online at the time of placing the order. This is the only weak link in your case.

3. You should move the consumer forum to recover the amount paid along with compensation.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

You have a very god case which can be redressed by a consumer forum.  The cost for filing will be the court fee fixed by the court on the basis of compensation amount claimed by you towards the mental tortures and other issues due to their deficiency of service.  The consumer court fee differs from one state to another, you can enquire about it in the court office itself. Besides, this, if you would like to engage a lawyer to fight your case the lawyer fee will be separate from this and the lawyer fee will depend on the lawyer who you may engage. 
Before all these, you first issue a legal notice demanding the compensation due to their cheating act which caused you mental agony and have been depressed about it. After this notice failing to invoke proper response you may resort to further legal action as envisaged in law. 
T Kalaiselvan
Advocate, Vellore
18616 Answers
176 Consultations

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