Software Development Company Not Refunding My Money
09-Jun-2025 (In Consumer Court Law)
Hello. I have given my company's website project to one of the agency in pune they have given me quotation of 1.80 lakh and time period proposed for 6 months which is notarized agreemented, now suddenly 5 months are passed away and now there are asking another 5 months for the development. I already given 90k to them as a advance, now they are asking more money of 2 lakhs and if I'll not agree for that money they'll stop the project and don't give me my 90k refund. Now please tell me what I'm supposed to do.
Since this is a case of deficiency in service and unfair trade practice, you can file a complaint before the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
Step-by-step legal advice:
1. Send a Legal Notice: Immediately send a legal notice to the agency demanding refund of ₹90,000 and completion of work as per the notarised agreement. This serves as a formal intimation and gives them a chance to settle the issue.
2. Preserve Evidence: Keep all documents — notarised agreement, payment proofs, email communication, chats, etc. — which will help in substantiating your claim.
3. File Consumer Complaint:
If the agency does not respond positively to the legal notice, file a complaint before the District Consumer Disputes Redressal Commission (for claims up to ₹50 lakhs).
In your complaint, seek refund, compensation for mental agony, and litigation cost.
4. Do Not Agree to Extra Demands: Their demand for more money without delivering even 50% of the promised work within the agreed time frame is illegal and coercive.
This matter clearly qualifies for consumer court action. Consult a consumer law advocate to draft and file the complaint. You are entitled to a refund and damages.
You need to issue legal notice mentioning all the details. also you need to refer the agreement that has been entered between you and the terms of the agreement where in the consideration amount has been fixed between you and the other party. If the other side is a adamant on their decision and demanding a more money, you may terminate the agreement and ask for the refund of the money.
Based on your concern, you have a notarized agreement with the agency for ₹1.80 lakh and a 6-month completion timeline. Since 5 months have passed and the agency is now demanding more time and money, this constitutes a breach of contract.
Send a Legal Notice: Through an advocate, issue a legal notice to the agency demanding strict adherence to the original contract, refund of ₹90,000 if they are unable to complete the project, and warning against arbitrary termination.
Document All Communication: Preserve emails, chats, and payment receipts. These will be vital evidence.
File Complaint: If no resolution, file a consumer complaint in the District Consumer Forum for deficiency in service and unfair trade practice. You may also claim damages and refund.
Consider FIR: If fraud or criminal intimidation is evident, you may lodge a police complaint for cheating and criminal breach of trust.
Hello Client,
This happens in IT industry where most of the time projects time line increase. Before giving any suggestion I may need to read your agreement. In past i was also a software engineer so I can understand the thing very easily. If required based on agreement we can send a notice to them also.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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