Misrepresentation by Nestaway Area Manager

926 votes

Misrepresentation means giving false information or hiding key facts that led you to make a decision (like renting a house, paying deposit, etc.). Examples: Area Manager promised refund/security deposit but didn't deliver. Property condition or rent terms were misrepresented. Hidden charges not mentioned earlier. False assurances regarding maintenance or notice period. 2. Gather Evidence

Advocate Mahrukh Khan LawRato

908 votes

You certainly have a strong legal ground to take action against Nestaway for recovery of your token amount, as the facts you’ve mentioned clearly indicate misrepresentation and deficiency of service. Under Indian contract law, particularly the Indian Contract Act, any promise made by a company representative that induces a customer to act in a certain way here, paying a token based on the assurance of refund—constitutes a binding representation. Even if the internal company policy states “non-refundable,” once a company officer (in this case, the Area Manager) makes a specific assurance and you rely on it to your detriment, it amounts to inducement by misrepresentation. The company cannot later disown responsibility by claiming lack of managerial authority because, in law, the principle of vicarious liability binds the company for acts, communications, and representations made by its authorised representatives acting in apparent authority. You can first issue a formal legal notice to Nestaway under the Consumer Protection Act and the Indian Contract Act demanding refund of your token amount with interest, citing deceptive assurance, unfair trade practice, and deficiency in service. The supporting evidence you already have emails confirming refund after submission of bank details, WhatsApp chats containing explicit refund commitments, and voice recordings are admissible under the Indian Evidence Act as electronic evidence, especially when properly authenticated as per procedure. If the company fails to respond or refuses refund, you may file a consumer complaint before the District Consumer Commission for unfair trade practice and seek refund along with compensation for harassment, litigation costs, and mental agony. Alternatively, you can pursue a civil suit for recovery or, in severe cases involving fraudulent inducement, even explore a criminal complaint for cheating and misrepresentation under the Bharatiya Nyaya Sanhita.

Advocate Sanil Sarkar LawRato

894 votes

Yes, you can take a Legal Action by filing a case in Court. But before you do that, send a Legal Notice to the Area Manager of the Nest away under the concerned provisions of law, warning him to refund you, otherwise, remain ready to face legal repurcussions.

Advocate Pankaj Bajaj LawRato