If you are stuck in such a situation, here is what to do.
Mr. Rohan Mehra, an entrepreneur from the city of Amodghat, decided to use an online portal called ‘VidhiSeva Tech’ for registering two trademarks for his new business. The platform advertised a seamless and guaranteed service. Mr. Mehra paid the entire fee upfront. However, after several weeks, he was informed that one of his trademark applications was rejected due to what seemed to be a procedural error on their part. The representatives of VidhiSeva Tech then upsold him on a ‘premium re-filing’ service, making false promises of a successful registration, and convinced him to pay an additional amount. Within minutes of making the second payment, Mr. Mehra grew suspicious of their practices and requested a cancellation and an immediate refund. The company flatly refused the refund, citing a vague ‘no-refund policy’. All his subsequent attempts to resolve the issue through dozens of calls and emails were met with evasive answers like, “We are checking with the senior department and will get back to you.” Once they had his money, they effectively ignored him, leaving him feeling cheated and frustrated.
Advice in such cases
Document Everything: Keep a record of all communications, including emails, chat transcripts, and payment receipts. Make notes of phone calls with dates, times, and the name of the person you spoke with.
Send a Formal Notice: Send a formal written complaint or a legal notice to the company’s official email and registered address, clearly stating the issue, the resolution you expect (e.g., a full refund), and a deadline for their response.
Use Social Media and Public Forums: Sometimes, raising the issue on public platforms can prompt a quicker response from the company as they are keen to protect their online reputation.
File a Consumer Complaint: If the company fails to provide a satisfactory resolution, you can file a complaint with the Consumer Dispute Redressal Commission online through the e-Daakhil portal.
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.
Applicable Sections of Law
Such cases typically involve a ‘deficiency in service’ and ‘unfair trade practices’ and can be addressed under multiple laws:
The Consumer Protection Act, 2019: This is the primary legislation for such grievances. It protects consumers against deficiency in service (failure to perform the promised service) and unfair trade practices (misleading advertisements or false promises).
The Indian Contract Act, 1872: The agreement between you and the service provider is a contract. Their failure to deliver the promised service constitutes a breach of contract, for which you can claim damages.
Bharatiya Nyaya Sanhita, 2023 (BNS): If there is clear evidence of dishonest intention from the outset to deceive and take your money, it may constitute the offence of cheating under Section 310 of the BNS.
If you are the complainant
Gather All Evidence: Systematically collect all invoices, email threads, website screenshots of their promises, and any other documentary proof of your interaction and the service failure.
Issue a Legal Notice: The first formal step is to have a lawyer draft and send a detailed Legal Notice to the company. This notice outlines your grievance, the legal provisions they have violated, and your demand for a refund or compensation within a specific timeframe (e.g., 15 or 30 days).
Initiate Consumer Case: If the company does not comply with the legal notice, you can proceed to file a complaint before the appropriate District or State Consumer Commission, depending on the value of the service and compensation claimed.
Consider a Criminal Complaint: If the element of fraud is strong, you can also file a police complaint for cheating, which will be investigated under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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.
If you are the victim
Act Promptly: Do not delay in taking action. The law prescribes limitation periods for filing cases, so it’s crucial to act swiftly.
Preserve Digital Footprints: Take screenshots of the company’s website, the service you paid for, their terms and conditions, and any promises made. Online content can be changed or deleted.
Cease Further Payments: Do not be coerced into making any further payments based on new promises to rectify the situation.
Formal Communication Only: After the initial dispute, insist on communicating only through written channels like email to have a clear record.
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.
How the police behave in such cases
Typically, disputes over service quality and refunds are considered civil or consumer matters. The police may be hesitant to register a First Information Report (FIR) for cheating unless you can provide strong preliminary evidence of fraudulent intent from the very beginning. Often, they will advise you to approach the Consumer Commission or a civil court. However, if your complaint clearly makes out a case of cheating, the police are obligated to register an FIR under the provisions of the BNSS and conduct an investigation. You can also submit a written complaint to a senior police officer if the local police station refuses to register your complaint.
FAQs people normally have
Can I file a case against a company registered in a different city?
Yes. Under the Consumer Protection Act, 2019, you can file a complaint in the Consumer Commission within whose jurisdiction you reside or personally work for gain.Is the company’s ‘no-refund’ policy legally valid?
A blanket ‘no-refund’ policy is not always legally enforceable, especially when the company has failed to provide the service it promised (deficiency in service). The terms of a contract cannot override statutory law.How much compensation can I claim?
You can claim the amount you paid, interest on that amount, and additional compensation for the mental agony, harassment, and litigation costs you have incurred.
What evidence is required?
Strong evidence is key to winning such a case. The essential documents include:
Payment Proof: Bank statements, credit card statements, or digital wallet transaction receipts.
Communication Records: All email correspondence, chat logs, and if available and legally permissible, call recordings.
Service Agreement: A copy of the terms and conditions from the company’s website or any agreement you signed.
Proof of Non-Delivery: Any document or communication from the company or a third party (like the trademark registry) showing the failure or rejection of the service.
Legal Notice: A copy of the legal notice sent to the company and the postal receipt.
How long will the investigation take?
The timeline varies depending on the path you choose:
Consumer Commission: The Consumer Protection Act, 2019, mandates a speedy trial, aiming for disposal of cases within 3 to 5 months if no complex analysis is required. However, in practice, it can take anywhere from 6 months to 2 years, depending on the complexity and the caseload of the commission.
Police Investigation: If a criminal case for cheating is filed, the investigation by the police under the BNSS has procedural timelines, but it can also be a lengthy process, often taking several months before a final report (chargesheet) is filed in court.
Advocate Sudhir Rao, Supreme Court of India