Can online companies terminate the contract?
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I am planning to file consumer case in district forum. please suggest your views on the same.
Asked 12 months ago in Business Law from New Delhi, Delhi
1) cases before consumer forum take 2 years to be disposed of
2)you would spend more money on legal fees than value of the product
3) legally if you had placed an order , paid for the same . company has sent confirmatory email company is bound to supply you the product . if the product is unavailable company can refund you amount paid by you with interest
Product MRP is RS 1.3 Lakh, Purchased in Rs 9,300.
Company stated 4 different reason (in emails) to cancel the order i.e. after product dispatch.
Product is still available and they are selling it around Rs 1.1 Lakh.
During Pricing error situation, Product was sold around Rs 70K and I lost opportunity (Rs 40,000 Discount) to buy the product because of delay in 1 day to cancel order after dispatch.
If I am Liable to ask company to deliver product or similar product?
Asked 12 months ago
you can move consumer forum to direct company to deliver the product . full consideration was paid by you . company confirmed dispatch but subsequently cancelled the order inspite of receipt of full payment
The contract can be terminated by either party to the contract. There is no embargo on the right of online companies to terminate the contract. However, the termination can be done only within the periphery of the grounds of termination mentioned in the contract itself. If the price was mentioned due to an error and you placed the order the company is liable to deliver the product to you at the price at which it was ordered. The discrepancy in the emails further strengthens your case.
A very good and fit case for dragging the company to the consumer forum. Such online sites make fool of customers at their whims and fancies and as you rightly observed this is another business cut throat tactics deployed by such huge giants to cut the competitors business.
You may go ahead by first issuing them a legal notice and then with the case.