Money received by the Service Provider is SERVICE PROVIDED.
1. Receipt of payment (whether in part of full is immaterial), is a Contract to provide "service". The service provider has consented and agreed to accept "part money" and the onus of discretion of paying "part money" is not on the consumer.
2. Whether the "service" has been availed of or not, is the prerogative / discretion of the Consumer and he may prefer to AVAIL OR NOT AVAIL of service that the consumer has paid for.
3. The consumer has every right to ask back for refund of money, and refuse to avail of service, citing 100's of reasons, like "loss of moral confidence in the service provider" or "delay in service" or ....
4. Consider this : What happens When :
a) The consumer has paid in part/full to the service provider (SP) (the conditions under the contract act is fulfilled)
b) The SP, cannot provide service, currently, since the SP is under construction.
c) After say 2 years, the SP abandons the project and is not able to provide service to the consumer (since the project was never completed)
d) the SP's Form says that "fees once paid will not be refunded"
e) The SP now WILL NEVER provide service, the Consumer will never get Service (for the money paid in part/full) and the SP's agreement states that "fees once paid will not be refunded", which is a "one sided conditional contract", which is null and void.
f) Here the consumer is put to "wrongful loss" of "not receiving service" and "not able to get money refund", and the SP getting "wrongful gain".
f) What is the postion of the Consumer (as a service user), if the Consumer has never availed any "service" due to "non-providing of service" by the SP.
Please comment and till then ....
Keep Smiling .... HemantAgarwal
