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SYou have solid merits to get your money refunded back to your account,
Explore following things :
Legal Grounds:
– Deficiency in service (Sec 2(11) CPA 2019)
– Unfair trade practice (Sec 2(47) CPA 2019)Your case has strong merits under:
-Section 18(1) CPA 2019: Right to refund
-Rule 5(3) E-Commerce Rules 2020: Mandates proper refund mechanisms.
-RBI Guidelines on Gift Cards: Prohibits unreasonable restrictions. Also 50000 is the upper limit, so 75000 gift card is kind of what they are not allowed to issue without kyc and all which i dont think they might have done.
SAs long as you have proof that it was gifted to your grandfather and was never disputed before, it will be inherited to your father and then to you.SSee, in life you will come across many legal issues(not saying because of your fault), consider the confidence this will instill in you for the law, for future. And also since you have already won the biggest hurdle in this, getting compensation won’t be any more difficult. Talk with your parents. Biggest mistake of our older generation is, instilling the fear in younger generation that law is not helpful and fear the judicial process and court. Break that cycle.Anyways, whatever you finally decide is ultimately your choice. Atb 🥂
SNow since your problem is resolved. Remove all money and file a complain for compensation for mental agony caused, with consumer forum against the manger. Take this to the logical end.SYou forgot to attach one crucial piece of information. Share the agreement or slip where they absolved themselves or took liability of goods being shipped.SImmediate Steps for Parents:——Document all evidence (screenshots, group details).
File a formal complaint with Police :
Under Sections 66E/67 IT Act, 500/509 IPC, or JJ Act provisions.
Send a Legal Notice:
Demand removal of the content, a public apology, and compensation.Approach the Court:
Seek an injunction to prevent further sharing and claim damages for defamation or emotional distress.Report to Child Welfare Committee (CWC):
Under the JJ Act, CWCs can intervene in cases harming a child’s dignityConsult a lawyer to issue a cease-and-desist notice to the offender and society management.
Escalate to the State Commission for Protection of Child Rights (SCPCR) if authorities are unresponsive.
SThat ruling is precisely about “deficiency in service”, and the case here is that of fraud.Deficiency in service is like, one cannot file a case against a lawyer because he was not able to win a case, or he did not cite any case laws eventhough they were present etc etc. Here it is a case of fraud. Case will not be filed because he was a lawyer but because he was being a cheat/fraud.
On a lighter note, let me give an alternate example from another profession, one cannot sue a doctor because his medicine did not work but another doctor’s medicine worked, but the same doctor can be sued if he gives two antagonistic medicines which end up worsening someone’s health, because here it is a criminal negligence.
For further clarification, just Google ‘what is not covered under deficiency in service in case of lawyers’
SLEGAL VIOLATIONSIllegal Fee Structure
Charging fees as a percentage of property value violates:
Supreme Court judgment in V.C. Rangadurai vs D. Gopalan (1979 AIR 281)
Section 49(1)(c) of Advocates Act 1961 (prohibition of “unfair remuneration”)
Rule 20 of Bar Council of India Rules (prohibition of contingency fees in civil cases)
Transparency Issues
Failure to provide receipts breaches Rule 11(IV) of BCI Rules requiring maintenance of:
Receipt books
Fee registers
ACTION STEPS
Document Evidence
Bank statement showing ₹5L transfer with “court fee” memo
WhatsApp message screenshots (check phone backup at Settings > Chats > Chat Backup)
Copy of vakalatnama showing agreed fee terms
File Complaint
Draft complaint containing:
Lawyer’s enrollment number (find via https://www.barcouncilofindia.org/enrollno/)
Timeline of events (dates, payment details)
Prayer for relief (refund + disciplinary action)
Submit to State Bar Council with:
₹500 court fee stamp
Affidavit on ₹10 non-judicial stamp paper
25 copies of complaint
Alternative Resolutions
Mediation: Use ODR platforms like Presolv360 (fees ~₹5,000)
Lok Adalat: Free settlement through NALSA portal (https://nalsa.gov.in/lok-adalat)
RECOVERY OPTIONS
Civil Suit: File under Order IV Rule 1 CPC for money recovery
Consumer Case: File in District Commission under CPA 2019 (legal services covered under Indian Medical Association vs V.P. Shantha 1995)
PREVENTIVE TIPS
Always get fee agreements in writing as per Rule 11(III) BCI Rules
Verify court fees physically at court registry counter (ask for “fee verification report”)
Use cheques/NEFT with clear payment remarks like “For court fee in case no XYZ”
TIMELINE: Bar Council complaints typically get resolved within 90-180 days as per Section 36B of Advocates Act. For urgent relief, approach High Court under Article 226 of Constitution.
Sources:
Advocates Act 1961
BCI Rules 1975
NALSA (Legal Services to Poor) Guidelines 2020
