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Author Topic: Refund from the company for bad service  (Read 1410 times)

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Offline Consumer1

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Refund from the company for bad service
« on: October 26, 2013, 10:39:39 AM »
Hi All,

I took membership of one of the culbs of India through their office outside India (I was working outside India at that time). I was promised for good service and all at that time. There was some cash back that I had to take from that for which they issued the cheque to me.
I deposited the cheque in my Indian bank, who misplaced the cheque and issued a letter for the same. I raised the same concern with the club and they promised to issue me a new cheque.
Its been a long time I am following up with them but all in vain.

I want to end my relationship with them now and have asked them to do so. Now they are reluctant to refund the money and telling me that the membership is non-refundable.

I am stuck here and want to know if I can file a case against them for the services provided.
Also, kindly help me to understand if it is legal to enforce someone to continue to take their services as these guys are not allowing me to withdraw the membership.

Many thanks in advance.

Regards,

Offline tapsash

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Re: Refund from the company for bad service
« Reply #1 on: October 26, 2013, 07:13:39 PM »
you can file for refund and compensation for deficiency of services.

before you proceed on legal recourse, a look at the terms and conditions you signed at the time of joining in would be necessary.

kindly give details of the same for further assistance
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Offline advJitu

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Re: Refund from the company for bad service
« Reply #2 on: October 26, 2013, 07:15:18 PM »
You should send a legal Notice first, in most cases this is sufficient for refund
Advocate Jitu, Champion -
Company law expert from Mumbai City

Offline Consumer1

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Re: Refund from the company for bad service
« Reply #3 on: October 26, 2013, 10:24:26 PM »
At the time of taking the membership, it was told that the membership will be non-refundable.
kindly help me to understand if it is legal to enforce someone to continue to take their services as these guys are not allowing me to withdraw the membership.

Offline Advokaterajiv

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Re: Refund from the company for bad service
« Reply #4 on: November 29, 2013, 06:07:43 AM »
Dear Sir,

As you have mentioned that the terms and conditions of the membership stipulated that the money paid would be non-refundable, it seems highly unlikely whether you can recover that amount now. Also, there is nothing in your query which gives an insight into the deficiency in the services provided by them.

As far as I can see it, the cheque was lost by your bank and not the Club, they did issue a cheque for money in the first place though they have shown reluctance in re-issuing the cheque. It would be rather prudent to try to talk to the manager about re-issuance of the cheque and since the membership fee is non-refundable you should continue with the membership of the Club.

However, if you are unhappy with their services, kindly elaborate on that and in that case you can file a complaint against the consumer forum for getting non-refundable payment from members and then compelling them to drop out of the club as a result of their deficient and poor services. If this is proved you cannot just get back the non-refundable amount but also damages along with that. However, it must be noted that proving this might not be very easy.

Nevertheless, if it is not a case of deficient and poor services, continuing with the Club and trying to reach an amicable solution by the process of negotiation and probably showing willingness to continue your membership (which may not require extra payment) can be of great help in breaking the ice.

Regards,
Adv. Rajiv Malhotra
www.lawkonect.com

 

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