Legal Question in Consumer Law in India

I had requested services from a driving agency to hire a driver for one month starting from the 1st of May. I had already signed an agreement and given an advance of 10000 rupees to the company for which I have a receipt.

On May 1 the driver did not turn up and the company contact said that the driver is not picking up his calls. On the 2nd of May the driver did not turn up on time and again the company contact said that he is not picking up his calls , they gave me a replacement driver after 1 hour delay. The driver left by 3 pm and they gave me another driver and said that he is going to be my permanent driver. The driver came the next day for work but said that he will not be able to come from the 4th of May. The company contact said that he is not able to find a driver and I can cancel my services. For cancellation , the company says that they will send me a post dated check(for after a month ) after deducting the amount for 2 days service. My point is if these people can hold somebody's money for a months time without providing the service , wouldn't that be illegal. On top of it , the customer has to endure the issues because they refrained from providing service on a short notice. On saying that i will go the consumer court , the owner says that he pays the police 20,000 rupees and his father is the chairman of consumer court.Also now they say that it is I who cancelled the services , but actually thier representative told me that he is not able to provide the driver. What should I do in this scenario?

Asked on 5/06/13, 12:14 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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06.05.2013

Dear Sir / Madam,

You should lodge a cheating complaint in the Police informing them of the advance paid by you and asking to help you to secure the refund of the balance amount.

Regards,

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5/06/13, 3:29 am
Jayesh Desai Jayesh Desai
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File a complaint with consumer forum, if his father is Chairman, then he would be obliged to excuse himself from the trial, and some other judge would be needed to try the matter.

If his father is indeed a chairman, file a Writ in High Court, recording this facts, and also recording the statement made by him, that his father is Chairman of Consumer Forum.

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5/11/13, 9:18 am

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