K. Kartik (none) 15 May 2010

Do i have a case here ??? Plz help

Recently i joined an online bidding site (India based).. something like ebay .. where u can bid for an item . Here is how it works

1st u need to buy some credits b4 u can start bidding .. So i bought 100 credits for Rs. 200 (thru online bank transfer).. Now since i was new to it .. i start placing bids on items randomly and i was sure i wont be winning anything coz my bid was very low .. so as expected i didnt win any item on which i had placed my bids ..

Now comes the fun part.

My account was showing 22 credits left (previously 100) .. so i was wondering were did my credits go if i havent won anything.. I was expecting the SITE to refund my credits back to my account . .. So i waited for 10-12 hours.. And Still no changes were reflected in my account .. So i finally thought of writing to SUPPORT TEAM . And too my surprise i was told i wont be getting any refund .. :-(

This is my email communication which i had with them

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Suraj jain wrote :

Hi Yesterday i had placed bids on some items.. and i dint win any of them .. Dont i deserve to get back those credits.. I had 100 credits and now my account show i have just 22 credits Plz look into it

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Support Team Wrote :

Dear Suraj,

Thanks for contacting ****** support team.

All the credits used are non refundable. If users bids on auctions marked as "MAHA LOOT" all the credits used in that auction are added back to all the bidders, that used their bids for that auction, whether they win or not win the auction product.

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Suraj jain wrote :

Ohh .. This not fair .. this is really not done

Hope u known whats the difference between BIDDING and GAMBLING.

https://www.******.in/ is not a platform for gambling .. ain't it ????

So i shud my credits back .

Why shud i be charged for goods which i never got. Logically credits to charged to winner a/c only ...

Regards

Suraj

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Support team wrote :

Hi Suraj,

You can check our terms and conditions for the same in point no. 6 at:

https://www.***********/terms-and-conditions.htm

Please feel free to contact us, if you have further queries.

Support Team

xxxxxxxxxxxxxxxxxxxxx

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And this point no 6 which they r talking about

Refunding of Processing Charges

1. Credits purchased once are non refundable and non transferable.

2. Neither purchased Credits nor promotional Credits can be exchanged for cash or refund and are non transferable. They can only be used towards bidding on xxxxxxx Auctions.

3. Provided a Successful Bidder for a particular xxxxxxx Auction Item is determined as per clause (4), no credit of administrative Charges will be offered.

4. In special promotional scheme run by xxxxxxx from time to time, credits refund can be offered to winning bidder or any bidder (as per the promotional scheme as advertised at the time of promotion), credits will be refunded to the bidder’s account and can be used for bidding on other items.

5. If xxxxxxx consider the refund as requested by a particular Bidder (in special circumstances), xxxxxxx will attempt to refund any Credits due to that Bidder by refunding the Credits straight into the Bidder's Account in xxxxxxx system. If xxxxxxx is unsuccessful in effecting such a refund, then xxxxxxx will e-mail the affected Bidder (using the last e-mail address they have provided to xxxxxxx), requesting information required in order to process the refund.

Now the thing is that i could not find any clause or point which says that .. i wont be refunded my credit back to my ***** account ..

As whole this sites looks like a BETTING SITE more than a BIDDING site.. coz in betting .. if u dont win u loose your money .. while Bidding is a different ball game .. So if this site falls under BETTING .. i guess i have a case here..

I have kept the name of the site private coz.. i didnt want to get into legal trouble (if incase i am wrong)

Just to give u an idea what sort of site i m talking about .. u can check out a similar site https://www.bidz.com/ (US BASED)

Regards

Suraj

Reply Follow

2 Replies

mahendrakumar (marketing) 16 May 2010

i donot think that they can retain the amount with them.

an initial payment may be insisted so that only serious bidders take part in the bidding process.

you may sent a letter to them stating that you intent to take this case before a consumer court under unfair trade practice.

jyotirmaya behera (advocate) 17 May 2010

in india gambling, pronographi, and some other are prohibited. if some one doing thats then its come under cyber crime. you didnt mention which site you are using. if there have any harm to the publice that means its going under crime. 1st u conform what is the aim of that site & function of site. if u investment at for any pvt site that may noy be refund. but for that have law. totaly internet come under IT ACT & CYBER LAW. you can go through those.