In a recent case involving a client from the city of Lakhanpur, an individual reported receiving a refund from a services company, TechNova Solutions, without any prior notification such as SMS or any nudge. This absence of communication raised concerns about the refund process and the rights of the consumer under the new BNS (Business Notification Standards) Act.
Advice in such cases
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
- Keep all your transaction receipts and previous correspondence handy.
- Contact the company to inquire formally about the refund and request details about the absence of notifications.
- If communication is not satisfactory, prepare to file a complaint under the BNS Act regarding transparency and notification obligations.
Applicable Sections of Law
- BNS Act, Section 12: Obligation of businesses to send proper notifications and alerts before monetary transactions.
- BNSS Code, Chapter 3: Consumer protection with respect to refunds and communications.
If you are the complainant
Ensure you document every interaction with the company and involved parties. Submit a formal complaint to the Consumer Dispute Resolution Authority citing lack of notification and request an investigation. Maintain a calm and fact-based approach to help facilitate a smoother resolution process.
If you are the victim
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
- Keep copies of bank statements showing the refund.
- Request a written explanation from the company regarding the refund process.
- Be vigilant in the future about any transactions and notifications from the company or related entities.
How the police behave in such cases
Generally, police authorities do not get involved directly in consumer refund disputes unless there is a clear fraud or criminal misconduct. However, if the complaint escalates to a fraud claim under the BNS Act, police may become involved after formal complaint registration. It is advised to first resolve such matters through legal counsel and consumer authorities.
FAQs people normally have
- What evidence is required? Transaction records, bank statements, any email or chat correspondence, and proof of absence of notifications.
- How long will the investigation take? Typically, investigations under the BNS framework may take between 30 to 90 days depending on case complexity.
Advocate Sudhir Rao, Supreme Court of India