(Expert) 28 June 2008
So you thought that this is best forum to put you doubt? Ok any how i will try to answer your query. By whose mistake the topup amount went to the other number? if its by your mistake then you can do nothing. If you have given the shop owner from whom you have purchased the topup card then may be you have a chance. But if you want a legal answer, then there are instructions bout how to use a recharge card and if you have committed a mistake then its your fault. Once again please dont post this type of querries here. TIll now i am of the opinion that we are here to resolve the querries of needy people who can not afford to ask their advocates about their doubts. No hard feelings.
(Querist) 29 June 2008
Well, Mr. Srinivas I am sorry that I took your valuable time in resolving this query.
What I have raised is not merely a doubt but a serious problem and often committed by many people. It is unworthy to say that there is no remedy.
Although the act may be committed by bonafied mistake or technical mistake, but a person who has no right on a valuable thing, retains it without the consent of actual owner, how it can be sustained as lawful? In every law, place has been left to rectify the mistake. Such type of issue cant' be left unremedied.
lawyersclubindia.com is an organization founded with a mission for the benefit of lawyers of India. If a query doesn't suit to any viewer he/she must ignore that one rather than passing on such type of comments.
(Expert) 30 June 2008
I am sorry if you think my comments are rather harsh. As the top up card comes under sale of goods act the doctrine of caveat emptor aplies to that that means the buyer has to be beware. Practically you cannot claim fault upon one person beacuse it is you who will recharge the coupon. But as i have told you earlier if the shop owner done the mistake you can claim. But once you enter the number yourself you have no right to claim by alleging that you have done a mistake by entering the number. The only remedy in such a case is to register a complaint with the call center along with your card code and you also have to mention the place of purchase.
Yes this is a forum to help people, but if you felt that my comments are harsh please forgive me. I once again reiterate that it is the common people who have legal problems are being benefitted by this forum. Not the advocates as misconceived by you.
(Expert) 30 June 2008
I suppose we are here under one roof for several philanthropic purposes. it includes assisting one and each other the members of this noble profession. Spread legal awareness to open eyes of the general public ie laymen. It also includes assisting and if possible providing a needy person a complete legal solution to hid satisfaction. list just goes on since charity has no limits.. So it is unfair to declare that we are here only for a single cause And I believe that Mr. Saxena has put up a valid and important concern of day to day matter. yes, we have the remedy against it since we can go and lodge a compalaint against the same to any of their authorised webworld kind of franchisee. It will be entertained but we umust have the coupon with us. And I dont think its a matter coming under the maxim Caveat Emptor since this pertains to checking up all the flaws and concerns before buying something. the case here is what should be done after you make a mistake to a card already bought by you.
(Expert) 30 June 2008
Yes it can be fought under the unlawful enrichement and also under the doctrine of Restitution.
(Querist) 01 July 2008
Is the matter comming under the maxim CONDICTIO INDEBITI? When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action.
(Expert) 14 July 2008
Mr. Saxena u ve raised a genuine query but one thing is there one will ve to prove the facts also.....if the money is to be recovered through the suit for recovery then u r better aware of the expenses to be incurred like court fee, lawyers fee etc.
but frankly speaking it will be a little hard to prove this fact that one did it mistakenly and the defendant must return the amount.
otherwise also ordinarily one would not like to go to court for recovery of an amount of Rs. 20, 50 or 100 etc.
do consider it and give ur opinion.
(Expert) 31 July 2008
generally the top up value is sent to another number by mistake when it is done through e- recharge otherwise if a person charges his Mobile by a coupon then there is little or no chance of recharging another number by mistake. if mistake is done by the shopkeeper while e- recharging then he is liable to pay the amount as it was his mistake.
(Expert) 14 August 2008
There are some things which cannot be brought before a court of law as the cost of seeking a relief would be costlier than the actual loss incurred.
adv. rajeev ( rajoo )
(Expert) 13 April 2009
If it is the mistake of the dealer, he is liable to return the currency, otherwise u can file a complaint before the consumer forum. But it is little bit expensesive. If the recharge for heavey amount then u can approach the forum. U will get the money back and compensation for negligence.