False advertising fraud made me buy online subscription service False advertising fraud made me buy online subscription service

6 months ago

A prepladder agent (medical education platform) made me buy their subscription by making false advertising (2 year subscription plan validity + printed notes at price 25,000 but he made me pay 31,490 saying it will get refunded in 2-3days) however when I confirmed it from company's customer service, they told me it's just 1 year plan validity with no printed notes. I haven't received my cashback of 6,490 rs and till date he just make false claim of notes, cashback and validity.
When I asked for plan cancelation and money back he just did nothing and still make false claims of refunding money soon.

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
As stated by you in your query, if you possess documentary proof of all financial transactions and details of identity of the Company along with copies of all relevant correspondence made between you and the service provider, then you can opt for the following steps to resolve the issue Step -1) serve a legal notice to the Company at their registered address claiming a refund of the entire money remitted to them for different purpose, Step - 2) If the Company running its business purely online mode, then file a complaint before the Consumer Court or Consumer Affairs Deptt online mode through e-dakhil following the provision of Consumer Protection (E-Commerce) Rules and Consumer Protection(Direct Selling) Rules, 2021 for deficiency in service and unfair trade practice. claiming a refund of money and compensation for harassment. However, you may file an offline Complaint against the Company u/s.35 of the Consumer Protection Act, 2019 before the Dist. Consumer Commission under whose jurisdiction a branch office of the Company is in operation for the same cause of action, i.e, deficiency in service and unfair trade practice, claiming a refund of the entire money paid for the purpose along with compensation for harassment. Step - 3), you can file a criminal suit against the Company u/s.420 of IPC for cheating and u/s.406 of IPC for criminal breach of trust claiming recovery of money. Step - 4) Apart, you can file a civil suit against the Company under Order IV of the Code of Civil Procedure 1908 (CPC). It is a summary suit ( under Order 37, Code of Civil Procedure) that offers speedy disposal of the suit as here the defendant is not required to defend as a matter of right. Summary proceedings are legal remedies for recovering money, resolving business transactions, and resolving contractual disputes. Step - 5) Apart from these steps, if the Company is registered under the Companies Act, then you can file a complaint before the Serious Fraud Investigation Office(SFIO), a wing of the Ministry of Corporate Affairs that investigates and prosecutes complex corporate frauds assigned under Section 212 of Companies Act 2013 on receipt of a complaint at its regional and head office at Delhi and other state capitals. So, based on the evidence and merit in your claim, you need to consult with an Advocate to take appropriate legal steps for recovery of money from the company.
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Anik

Responded 6 months ago

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A.Dear Client,
Keep records of all communication with the prepladder agent, including emails, text messages, and phone call logs. Make a note of the false claims made by the agent and any promises of refunds, printed notes, or plan validity. Save copies of the advertisement or promotional materials that led you to make the purchase Write a formal complaint letter to the company explaining the false advertising, misrepresentation, and the discrepancies between what the agent promised and what you received. Request a refund of the overcharged amount and the cancellation of the plan as per the terms agreed upon during the purchase. Give the company a reasonable amount of time to respond to your complaint, typically 15-30 days, as per Consumer Protection Laws in India. If the company does not respond or fails to resolve the issue to your satisfaction, you can consider taking legal action. File a complaint with the appropriate consumer protection authority in your region. In India, you can approach the National Consumer Helpline (NCH) or file a complaint with the Consumer Dispute Redressal Commission (CDRC) in your state. Provide all the documentation and evidence you have gathered to support your case.
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