• Cancellation and refund from shine.com

My brother (38 year old male) received a call from an agent of shine.com, the job portal, and was talked into purchasing packages on the platform to the tune of 95,000 Rs. He has been a long time patient of the mental illness schizophrenia, which limits his ability to judge such issues. As soon as I found out (the same day as the transaction, within a few hours) we asked shine.com to cancel and refund the entire purchase. We also asked the bank to block the transactions at their end.
Shine.com is refusing to provide refund. They say they are not entitled to do so. What are my options in this case ?
So far, we have not logged in and used any of the services they provide. Is there any law that can protect us in this case ?
Asked 3 years ago in Consumer Law

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7 Answers

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

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

- Since, your brother has not availed the services , then the shine.com is bound to refund the deposited full amount. 

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

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

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You may have to go through the conditions of the firm or the refund policy in this regard.

If your brother has been duped by the firm in this regard, then you can take legal action against the firm, whereas it appears that your brother has placed the order on his own hence you have a very weak case against the firm.

However you can contact a local lawyer and issue a legal notice demanding the refund of the amount for the reasons you rely upon  and then escalate the matter through court of law if the firm is not responding or not complying with the demands made. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Brother should File complaint against website before consumer forum and seek orders to direct website to refund your money with interest 

 

enclose his medical reports  that he is not mentally fit 

 

also seek litigation costs and compensation for mental torture undergone by him  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can seek refund by filing case in consumer court for deficiency of service 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is clear case of cheating online. You can file a criminal complaint in cyber police. The account in money is transferred will be blocked on instructions of police. You will get your money back. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Under the Consumer Protection Act, 2019, a consumer has the right to file a complaint with the Consumer Disputes Redressal Commission if they have been subjected to unfair trade practices or if the service provided is deficient. You can file a complaint with the commission in your area seeking a refund of the amount paid.

It is advisable to keep all the relevant documents, such as the purchase receipt, cancellation request, and communication with the company, to support your complaint.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear client,  

I'm sorry to hear about your situation. As your brother has a mental illness that limits his ability to judge such issues, it may be possible to argue that he lacked capacity to enter into the contract with shine.com.

Under Indian contract law, a contract is not enforceable if one of the parties lacks capacity to contract. In this case, if it can be demonstrated that your brother did not have the capacity to enter into the contract, then the contract may be voidable at your option. You can argue that shine.com was aware of your brother's mental illness and took advantage of his vulnerability by selling him an expensive package that he did not need.

You can try to negotiate with shine.com to cancel and refund the entire purchase. You can also file a complaint with the National Consumer Disputes Redressal Commission (NCDRC) or the State Consumer Disputes Redressal Commission (SCDRC) under the Consumer Protection Act, 2019. You can also consider seeking legal advice from a lawyer who specializes in consumer protection law.

In any case, it is important to act quickly as the time limits for filing a complaint may vary depending on the circumstances.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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