I had incorporated my company at a property through third party. Third party had received the payment of INR 20K including GST around March 2024 and in contact through Gmail. During GST Verification, property denied providing required documents, hence I had to change my registered business address. After changing my address, third party is asking to provide an affidavit then only refund is possible. The wordings of affidavit are "However, I have neither used those services till date and neither intend to avail the same during the balance of the agreement period ( so far so good) M/s Virtual office Ltd , the service provider has been indemnified from any claims from our side in this regard" This is problematic for 2 reasons : First The wordings conclude it was solely my decision to change service provider. The property is totally clean which is misleading. Second, Nowhere it's mentioned I will receive refund nor they are stating the amount they will refund. Plz suggest should I submit affidavit as they say or serve the third party with a legal notice asking for refund.
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If you have genuine reasons to deny their allegations you can proceed by issuing a legal demand notice demanding the refund failing which you may initiate legal action in furtherance.
There may not be any necessity to budge to their pressure in any form.
This affidavit is only favouring them and not. You do not sign it.
Srve them legal notice for deficiency of service and unfair trade practises adopted by them
Yes first serve legal notice and then file consumer complaint if required. You can contact me for the same through kaanoon as I have handled such cases a lot
Dont submit any affidavit
send email to third party to refund your money
Do not sign the affidavit as it waives your rights and misrepresents facts. Instead, send a legal notice demanding a refund due to deficiency of service, citing that the service could not be availed due to non-cooperation from the property. Include proof of payment and communication. If they fail to respond, you can file a complaint in consumer court.
Dear Client,
Affidavit Language Issues The affidavit says you "have neither used nor intend to use the services," suggesting the switch of service provider was your independent decision. This disregards the fact that you were compelled to switch because of their inability to produce documents. It also holds the service provider harmless for claims but fails to include any refund amount or express guarantee of refund payment. Presenting such an affidavit would dilute your legal stand and exonerate them from responsibility without ensuring your refund. Refund Rights and Contractual Obligations As you have paid INR 20,000 plus GST for a non-delivered service (because of their refusal of documents), you are entitled to a refund or compensation. Their insistence on an affidavit prior to refund seems to be an attempt to evade or delay refund. Unless the terms and conditions or the contract specifically demand such an affidavit, you are not required to provide it. Suggested Legal Course of Action Do not file the affidavit in its present form. Instead, ask for a written confirmation of the refund amount and duration in clear terms. If they deny or delay, issue a legal notice for refund of the amount paid on grounds of breach of contract and non-delivery of agreed services. Specify in the notice that you have the right to initiate consumer complaint proceedings for damages and recovery in case refund is not given immediately. Document all communications for evidence. Negotiation and Drafting Affidavit In case you wish to resolve amicably, negotiate affidavit terms clearly: Identifying the refund amount and date. Not waiving your rights or indemnifying them unjustly. Reflecting that the switch of service provider was on account of their default. Seek legal assistance to prepare or vet the affidavit prior to submission.
