Legal Question in Consumer Law in India
Cancellation of Order by Indian Online shop to their advantage
I have purhased watch from INDIAN online shopping site for Rs.21.00 and made online payment through credit card. My order was confirmed and order status was approved. After 2 days, i got mail from online shop that my order as cancelled on my request!!! I returned mail saying I never requested for cancellation. Their response was, Price of watch was Rs.2100 and it was by mistake they wrote Rs.21.00 and hence they cannot honor the order.
This goes beyond my understanding that how can some online shop can cancell the order by reasoning that price what they quoted initially was wrong!!! There is not terms and conditions which explicitly allow company to do such cancellation.
Kindly help me in understanding legal position of company as well as mine in this circumstance.
3 Answers from Attorneys
Re: Cancellation of Order by Indian Online shop to their advantage
All the ingredients of a concluded contract are present in the facts of your case. As such, unilateral cancellation or revocation or refusal of performance of such a contract is not justified. You can file either a suit or consumer dispute against the said company.
Re: Cancellation of Order by Indian Online shop to their advantage
It appears that there was a bonafide typing mistake, hence no action may be taken against the company. But you can demand your money back from the company. Rajendra Babbar.
Re: Cancellation of Order by Indian Online shop to their advantage
Well, to be frank, it appears that there was an obvious glaring typographical mistake in the advertisement and it is doubtful whether any court of law would uphold your claim in such circumstances. However, since you have paid by credit card, you can ask the company concerned to refund the sum of Rs. 21/- charged to your card by reversing the entry with an appropriate credit entry for Rs. 21/-.
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