• Drawing of money without rendering service


I was searching on line the name and address of an Indian Mobil phone.

During the search process, one of the foreign (probably US Based) site declared that the particulars are available and I have to pay $1.00 for it.

Accordingly I paid.

The next window appeared wherein – but to my dismay no details as assured – were displayed.

Immediately I sent an e-mail stating the problem.

I got a reply as follows: 

 “Please be informed that the phone number you are searching maybe under phone number privacy protection or there are no data found elsewhere under the number being searched for.)

I sent another mail as follows:

“on entering he phone number a window appeared stating that name, address etc are available and that I should pay a sum of $1.00 for the reports.

Believing that only I paid he amount.

If the position that the phone number "maybe under phone number privacy protection or there are no data found" had been displayed, I would not have paid for it.)

There was no reply to this mail but few days later another $39.00 were drawn from my credit card information I had provided on the first occasion for paying the $1.00 that too: 

-	without my fresh authorization
-	without providing any service I sought for

I feel that is unfair and unlawful too.

Therefore, I had sent another mail objecting to this drawing of money without rendering any service

Since no reply was received from them, I sent another mail on 9th February and there is no reply from them till date.

Mean while, I recorded my objection with Customer Care Contact of Citibank as to how they admitted and paid a sum of $39.00 without fresh authorization. After, discussion, Citibank has refunded on its own the $39.00 informing me (over phone) that, the refund is pending investigation and if proved against my complaint, it will be charged again.

These are factual events.

Now my questions are:

	1. If A compensation claim can be filed in a Court of Law?

2. If the case can be conducted without necessitating my attendance            (I am 72 years and residing near Tiruchengode of Namakkal District, Tamilnadu). 

Please advice me early.

Thanking you and with Regards,

Yours sincerely

Retd.Joint Director,
Tamilnadu Public Health Services
Mobile: 7373087113,   7200132787
Asked 2 years ago in Criminal Law from Tiruchengode, Tamil Nadu
Religion: Hindu
Dear Dr.G.Palani
Many of the websites claiming to provide information services, do resort to this fraud. 
It is fortunate that Citibank has refunded your money. 
For this kind of fraud, you need to complain to the cyber crime cops in Tiruchengode. 
However my advise is to 
a) change your credit card number immediately. 
b) If you have accessed your online banking/ net banking/accessed any e-commerce sites  in the same laptop/computer, please run a virus scan and if possible clear all of the browser data. Also clear all your browsing history as these hackers might be silently on the prowl and waiting for you to do one more mistake. 
Rajgopalan Sripathi
Advocate, Hyderabad
1324 Answers
168 Consultations

5.0 on 5.0

1. You can file a case in the consumer forum to seek refund of the amount charged with compensation on account of deficiency in services.

2. If the site is US based then it can be sued in India but it will be very difficult to serve summons on it unless it has a branch in India. You should sue it in US.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. It appears fraud is committed but hardly can be done agaisnt the website as the same must be outside India where the clutch of law will not reach.
2.Now your remedy lies agaisnt bank if they unlawfully deducted USD39 without your instructions.
3. If they do not refund you you can file case in consumer forum but do remember that fighting sch case in terms of money and time will not be worth taking.
Devajyoti Barman
Advocate, Kolkata
13146 Answers
175 Consultations

5.0 on 5.0

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