- This topic has 42 replies, 9 voices, and was last updated 1 year, 3 months ago by
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ULast year, I went to a nearby bike accessory shop to buy hand guards for my bike. The shopkeeper asked for ₹1200 as a pre-order payment for the specific model I wanted. A few days later, when I went back to get the hand guards installed, they didn’t fit my bike at all. So, I decided to cancel the purchase and requested a refund.
However, the shopkeeper told me they don’t process refunds via UPI and that I would have to wait. He said the only way to get my money back was either to return after a few days with my bank details or buy something else. Since I liked the shop and had a new bike, I decided to purchase other accessories instead.
Unfortunately, I noticed that everything I needed was priced much higher compared to other shops. So, in the end, I decided to take the refund. But every time I asked, the shopkeeper kept making excuses and delaying the process. A few days ago, he outright refused to refund my money.
Now, neither of us has an invoice, but I have my UPI/bank transaction as proof of payment and a chat with a salesperson from the shop confirming the refund. I also tried filing an online grievance complaint, but it was dismissed.
What legal steps can I take to recover my money, or is there no way to get it back?
*I’m not interested in the 1200rs, it’s just that i hate these types of cheaters merchant.
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Scall NCH helpline and ask them why it was disposed.
They need to store a reason before they dispose off. -
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RADVOCATE HERE. Without reading your entire post and just your title: If your case is genuine, you are definitely within rights to approach Court/Consumer Commission. However, whether the relief is worth your pain is dependent on your perspective. My best wishes.
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UI’ve never been to court, and I have no idea how much time and money the whole process will take. But I definitely want to take legal action over this. I just hope the judge doesn’t dismiss it with something like, “Should I handle murder cases or your ₹1200 refund?”
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VPls check the number of pending cases in court and then decide your next move.
You will incur atleast 20k in cost to even get your matter heard.
And you did answer your own question.
Should judges look at murder cases or some petty case of 1200 rs.
C’mon buddy..is your time not worth more than this?
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Uhow does one checks pending cases of an court? any site for it?
and about charges what if i win the case do i still incur all these charges?
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VYes, the court will at max make the opposite party pay 1200 plus reasonable court fee.
But what about the travel cost, the grease payment that needs to be made, cost of bunking office and the energy you spend on numerous court visit?
Is your time not worth anything?
Peruse this case if you are unemployed, live next to court premise and have decent connection if not it’s not worth the effort.
And do you really want our courts to handle petty cases like this or dispose of other matters?
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Unot doing this for the money—I just feel cheated. I don’t like the feeling of being taken advantage of, but at the same time, I don’t think it’s worth wasting the court’s time over a ₹1200 case. That’s why I’m so conflicted. It feels like anyone can exploit anyone, and the only real option is to resort to force, which would just land me in trouble.
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VLeave a review on Google and other places which will hurt his future business.
Let everyone know what this fraud company is.
I know it sucks and hurt but a simple cost benefit analysis would tell you it’s not worth litigating this.
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Ualready done that, i think i’ll try to contact NCH tomorrow as u/Ak0002 suggested and also from what i can see on internet seems like normal court and consumer court are different.
can you confirm if this true or not u/Valuable_Science9021
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UAlright, I’m moving forward with the legal notice. From what I’ve read online, it seems like a formal legal letter informing the other party about the issue. If they resolve it after receiving the notice, the matter doesn’t have to go to court. Is that correct?
I initially thought a legal notice meant filing a complaint legally in court and then having to go to court automatically.
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SWhat are the 20k charges about. Can u pls give a breakdown of the costs in getting a case heard in court?
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VLawyer appearance fees
2. Grease payment to get your work done
3. Amount you spend on traveling
4. If you are working then a days salary
5. Amount you spend on food and beverage as courts can make you waitMultiple this with the number of visits which could be anywhere from 3-300 times depending on the severity of the case
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RAs an advocate, I agree with the perspective given, however, genuine expenditures do get compensated through orders of the commission
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S> Should judges look at murder cases or some petty case of 1200 rs.
I think there are separate courts for these. Murder cases are heard in the sessions court, whereas this case will go to the consumer court. It’s not the same judge who needs to decide what to prioritize.
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VYes, there is. You are right about that.
But the bigger point was are there other cases (consumer related) which needs to be prioritised over a 1200 Rs matter? Of course there are.
Number of cases pending in consumer commission come down from 5.55 lakhs in December 2022 to 5.45 lakhs in September 2023.
I am not discouraging taking fraudsters to court but one needs to do certain cost benefit analysis and if someone is advising you to litigate this then you need a second opinion which itself will cost you more than 1200.
Source: https://pib.gov.in/PressReleasePage.aspx?PRID=1962143
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RIts alright, I’m here to help you understand. Firstly, your matter is primarily in the domain of “Consumer Commission”, however, if you feel you were purposely cheated, then you should approach local police station and they will 100% refuse to register your complaint, thus, you have to approach “Judicial Magistrate’s Court” of area where this shop is located to get FIR lodged for cheating. The judge will definitely consider amount involved, however, a good legal counsel knows to work around. My best wishes.
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SCan u plz guide regarding the E-dakhil procedure if possible?
I read it’s an online procedure.. but does it end up with us going to the court or is it handled online?2. Within how many days of our grievance we can file the E-dakhil? Basically Max time period.
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RIt’s just formality-check that is done online. If your file gets cleared in formalities, you have to compulsorily hand over hard copies of the same.
Maximum permissible time to file a consumer dispute is 2 years from the date of dispute
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SI ordered online product
Made the payment
They delayed the delivery saying they added additional weight to the product.
So I need to buy the additional qty or cancel the order.
I ended up paying extra and getting it delivered in a few days.I thought of taking the delivery and then go the legal route of ‘unfair trade practice’ on sellers part & ‘ negligence of service’ on online portals part.
The overall cost has increased to around 15k.It does make quite a case … But will it be worth it in ur opinion.?
I personally would be doing it for exploring the legal side of such situations. And become more aware about such practices.-
R“Worth” is decided by your standards and perspectives, not mine.
> I personally would be doing it for exploring the legal side of such situations. And become more aware about such practices.
Glad to see a CS candidate/professional indulging into a domain not really required for CS, please keep up thr good work
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SAs a CA Candidate/Professional I find no harm in exploring legal side for my own self awareness.
With worth I mean
Since u r a professional, in your opinion, on the basis of reward to expense ratio , is it something to mess around?
Expense including the time factor as well.
Reward considering the win-ability of this scenario.-
RI don’t see any reason for you to be offended. You were given appreciation. Well, that’s how reddit is, I guess.
Nonetheless, Mr. CA Professional, my opinion would be: Kindly approach a legal professional in-person to have a custom tailored and genuinely crafted “opinion” suited to your requirements and circumstances 😊 My best wishes.
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UHey u/Akash4477 , do you mind sharing what it took to get the refund? Did calling NCH work? Did you have to file a complaint in e-jagriti and go ahead with the case?
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UPursuing the legal notice route did the trick. I visited the shop and told them I’d proceed with legal action if the issue wasn’t resolved. A few days later, their lawyer contacted me to settle the matter. She requested that I cancel the complaint on the consumer site, which I agreed to do once I receive my refund. That’s basically it.
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UNCH and to be honest it wasn’t helpful for me as well but you should do this and send copy of complaint to the shop owner stating please resolve the issue in next 14days or i’ll move ahead with the legal notice step than you will have to bear the legal cost as well if i win the case in court. *this could show the shop keeper than you are serious about this matter.
In my case i had a whole recording & the salesman as evidence that i’m eligible for the refund.
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UGot it. My complaint is against larger companies like Tata Play for 1100, who give bogus replies on NCH and dispose off the complaint. I suspect I’d have to go to the courts to get any proper resolution.
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Ugive it an last try, mention that this my X-num and last attempt on NCH to resolve this issue peacefully attach any proof if you have and than at end mention let’s meet in consumer court to settle this.
also do mention the resolution amount after moving to court won’t be just the refund amount, all the hassle i have to go through with you & the legal fees will be also included in my resolution.
btw do this when you are sure that they are at fault.
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