I have a 3 yr old dog who was meant to relocate with us from Mumbai, India to San Francisco USA. I contacted a person/company in Bangalore and she helped us with something called ESA (emotional support animal) paperwork for which she was paid ₹37,500/-. She then prepared a contract for our pet's relocation and quoted ₹1,85,000 to provide the service. That contract had 13 parameters mentioned in the invoice to enable our pet to travel as excess baggage on 15th of February 2021 but she has not completed even a single thing mentioned in that contract. She exchanged a few messages, emails and phone calls that's all and calls it consultation. There was no substantial advise or suggestions given to us to help us bring our pet to the US. The contract said that for any reason if there is cancellation, I lose 50% of the quoted value(₹1,85,000). At the outset, I did not think that it will affect me as my flight was booked anyways. But, just 4 days before my travel, the airline cancelled my booking. Then the CO-Vid situation worsened in India. As a result, I have had to leave my dog behind. This woman has been extremely evasive and unhelpful. She did not provide a single line of service mentioned on the contract. She has also mislead us by giving us inflated costs on the estimate for cargo transportation which I tried to consider as a second option to get my dog to the US. She has nothing to offer to us and still is not retuning our money. I am completely fed up, disappointed and frustrated with her and want my money back. I paid her a total of ₹96,250/- as she said that I have to 50% of the quotation value otherwise we can't proceed. She has received ₹37,500/- for a ESA which she provided. She did not provide any service or any documentation beyond that because our dog couldn't travel. And yet, she says she won't return the rest of my payment ₹58,750/- She keeps saying that I have signed the contract so she won't return our money. She did not provide the service which is providing complete paperwork for our dog to travel. He could not travel and won't be able to even in the next 6 months as flights are not operating. So I want my money back. how can she just keep my money? Pls advise. Thank you
Ankur Goel @ Complete Law Shield
Responded 1 year ago
start with sending legal notice.
If she still not return money then best option is for you to go for consumer court.
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ADV. ANISH PALKAR (High Court)
You can sue for breach of contract and seek damages and compensation.
Ayantika Mondal @ Prime Legal
Responded 1 year ago
You can file for cheating and deficiency in service. Alternatively, you sue for breach of contract.