Can magistrate order non-cognizable case against police during remand?
As per their email and telephonic commitments, the immigration company has not matched the terms of the service agreement. I have not signed the agreement, but I already paid ₹4,00,000 through UPI and IMPS. Now I suspect fraud because their commitments are not fulfilled. How can I get a refund of my money?
Your facts demonstrate that at minimum misrepresentation exists and possible fraud under Sections 17 and 18 of the ICA, 1872, which gives you the right to cancel the contract and recover your money with damages through Section 19. The CPA 2019 defines "consumer" as who contracted "services" for payment, which allows you to file a complaint near District Commission under Section 34, seeking complete refund, interest and compensation for service deficiencies together with unfair trade practices according to Sections 2(11) and 2(47).You can file police or cyber-crime report about possible fraud which must contain UPI and IMPS transaction records together, emails and recordings as Section 420,IPC enables such action for companies to reach settlements and provide refunds.
Since you paid ₹4,00,000 without signing any agreement, the service provider cannot legally deny your refund. First, send them a written legal notice demanding a full refund within a fixed time. If they still refuse, you can file a consumer complaint for refund and compensation for mental harassment and unfair trade practices. Your bank records and payment proofs are strong evidence. For further legal assistance contact on our helpline number.
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