Compensation for all kind of transaction failures: RBI circular

This is for you guys @ramadesidime @animesh7785474 @letsrockhero @saucap @Sudarshan61 @hacker96 @R0417 @nuhearts @Dealo @LIMBO @chiraggyl170 @onlineuser7 @DEVIL10 @ULYSSES @abhishek012 @shubhamgarg19 @soccergiants

Atleast First get my principle money back compensation comes later, 45 days gone still 20768 is stuck with Mobikwik with no proper replies from their incompetent twitter customer service. Even no Replies from RBI Ombudsman and Consumer Forum of Umang App which were raised 2 days Back. Raised complaint on BHIM UPI Portal, No Replies from there as well

what was payment method used?

Ministry of Consumer Affairs, Food and Public Distribution notified the provisions of the Consumer Protection (E-Commerce) Rules, 2020 (Rules) vide notification dated July 23, 2020 under Consumer Protection Act, 2019 (Act). The intention of notifying the Rules is to complement the Act by regulating all e-commerce transactions and activities. The primary objective of the Rules is to regulate all e-commerce entities and lay down duties and liabilities of e-commerce entities, marketplace e-commerce entities and sellers selling goods and services on such marketplaces.

Applicability
The Rules apply to all e-commerce transactions involving goods and services (including digital products), all types of e-commerce models (including marketplace, inventory, single brand retail, multi-channel single brand retail models). The Rules also extend to e-commerce entities that are not established in India, but systematically offers goods and services to consumers in India.

Duties/liabilities of E-commerce entities
An e-commerce entity is defined as any person who owns, operates, or manages digital or electronic facility or platform for electronic commerce, but does not include a seller offering his goods or services for sale on a marketplace e-commerce entity. An e-commerce entity should be registered as a company in India; or registered as a foreign company under the Companies Act, 2013; or an office, branch, or agency outside India owned or controlled by a person resident in India (as per Section 2(v)(iii) of FEMA. E-commerce entities are required to fulfil certain duties, as provided in Rule 4, which inter alia include the following:

Nodal officer: Every e-commerce entity is required to appoint a nodal person of contact or an alternate senior designated officer, who is an Indian resident, to ensure compliance with the Act and Rules.
Display of information: Every e-commerce entity should, on its platform, display in a clear and accessible manner its legal name, address of its headquarters and branch offices, name and details of its website and contact details of the customer care and grievance officer.
Grievance redressal mechanism: Every e-commerce entity is required to establish an adequate grievance redressal mechanism and appoint a grievance officer, who shall acknowledge all consumer complaints within 48 hours of receipt and redress consumer complaints within 1 month from the date of receipt thereof.
Restrictions: E-commerce entities are prohibited from:
Adoption of unfair trade practice, whether in course of business or otherwise
Levying cancellation charges on consumers after confirming purchase, unless similar charges are borne by the entity itself, if they cancel orders unilaterally
Manipulating the price of the goods or services offered on its platform so as to gain unreasonable profit by imposing any unjustified price on consumers
Discriminating between consumers of the same class or make any arbitrary classification of consumers which affects their rights under the Act
Recording the consent of its consumers for purchase of goods/services on its platform by automatically including these in the form of pre-ticked boxes
Liabilities of marketplace e-commerce entities
Marketplace e-commerce entity means an e-commerce entity which provides an information technology platform on a digital or electronic network to facilitate transactions between buyers and sellers. Such entities can reap the benefits of being an intermediary and avail exemptions granted to intermediaries from being liable in certain cases, by complying with the provisions of Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011. Pursuant to Rule 5, marketplace e-commerce entities shall:

Obtain an undertaking from its sellers to the effect that the descriptions, images, and other content pertaining to goods or services on their platform are accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service
Display on its platform, in a clear and accessible manner:
Details of the sellers
Ticket number for consumer complaints enabling consumers to track the status of such complaints
Information on refunds, returns, exchanges, warranty and guarantee, delivery and shipment, modes of payment, and grievance redressal mechanism
Information on secured payment methods, applicable fees and charges, procedure to cancel payments, charge back options and contact information of the payment service provider
Parameters used to determine the ranking of the goods or sellers on is platform
Information required to be provided by the sellers as specified in Duties of sellers
Take reasonable efforts to maintain a record of relevant information on the identification of all sellers who have repeatedly offered goods or services that have previously been removed or access to which has previously been disabled under the Copyright Act, 1957 (14 of 1957), the Trade Marks Act, 1999 (47 of 1999) or the Information Technology Act, 2000 (21 of 2000).
Liabilities of inventory e-commerce entities
An inventory e-commerce entity means an e-commerce entity which owns the inventory of goods or services and sells such goods or services directly to the consumers, including single brand retailers and multi-channel single brand retailers. Inventory e-commerce entities are subject to similar duties as that of sellers on marketplaces as set out above under duties of sellers. Additionally, an inventory e-commerce entity which explicitly or implicitly vouches for the authenticity of the goods or services sold by it, or guarantees that such goods or services are authentic, shall bear appropriate liability in any action related to the authenticity of such good or service.

Duties and liabilities of sellers
As per Rule 6, sellers on marketplaces shall:

Not adopt any unfair trade practices and
Not falsely represent themselves as consumers and post reviews or misrepresent the quality or features of any goods and services
Not refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, in case the goods and services are defective in any manner or if the goods are delivered late (except on account of force majeure events)
Execute a prior written contract with the e-commerce entity before transacting on its platform
Appoint a grievance officer and establish a grievance redressal mechanism
Ensure that advertisements are consistent with actual characteristics of goods and services being sold
Provide to the e-commerce entity (to be displayed on its platform and website):
All contractual information to be disclosed by law
Total price of the goods and services, including a break-up of all compulsory and voluntary charges
All mandatory notices and information provided by applicable laws
Expiry date of the goods and details of guarantees and warranties, wherever applicable
All relevant details of the goods including country of origin
Name and contact details of the grievance officer
Details in relation to the import of goods, guarantee related to the authenticity of the import
Accurate details on terms of exchange, returns, shipment, refund and delivery of goods and services

this may help you.
http://egazette.nic.in/WriteReadData/2019/2104....

There should be regulation for Turn around time for refund from e commerce sites but unfortunately it is not yet there.

but still service is provided by mobikwik and if amount is not credited to Credit card definitely it is with mobikwik

@harshit0509 this is for you TAT

Ha

Kg Vu+ bro. Very informative.

Informative thread!

My rs10000 stuck with mobikwik for 2 months via upi. Bank says transaction is successful and credit to account but mobikwik giving same copy paste reply as mentioned by @soccergiants . Complained with rbi 10 days before but still no progress

Anyone knows email/mob no. of CC of PayU payment gateway..?

what is the max time for refunding the amount of failed transactions in Wallets as per RBI
@abhishek012

For the failed transaction on 21st Nov in Payzapp, I have received refund on 24th December which is way more than the actual deadline of RBI. They speed up the process only after raising the complaint in Consumer forum of GOI. They dont even give relevant response for my query and irritated me literally for 25 days. I have also shared these details to RBI as well. Now after receiving refund, I demanded a compensation of 2300 from HDFC keeping RBI also in cc over email. Lets see what will emerge , Hope HDFC will take this as serious and credit the compensation or else I will target RBI to take action on HDFC and make them to compensate me.

While raising a complaint against SBI for non-refund of failed IRCTC transactions (via VISA DC) which category should it be filed under?

Rcvd. confusing email just now. While on the one hand they have mentioned that refund has been processed and will be credited in 7-10 days all the other info shows dates from 2 years ago. If they haven’t processed a new refund no sense mentioning the aforementioned timeline for credit into acc. is it? I have asked for clarification. @Nik14

Email contents “We would like to inform you that refund for said transaction has been successfully processed from Atom’s end and the same will be credited in your account within 7 to 10 working days.”
But upon asking for clarification a moron continues to just copy paste replies asking me to get in touch with the bank. Can’t just clarify whether a new refund has been issued or not.
Edit: It was too good to be true. I was too naive to expect an Indian company to do the right thing.

Take it to twitter. Tag bank, payment gateway and MOF

Put complaint in umang app

Received the below email from RBI in response to my complaint.
“LIMBO,

Please refer the trailing mail regarding the complaint/query from LIMBO forwarded at your end for necessary action.

कृपया अनुगामी मेल का संदर्भ लें। उपर्युक्त विषय पर LIMBO से प्राप्त शिकायत आपकी ओर आवश्यक कार्रवाई के लिए भेज रहे है।

2. With reference to the trailing mail, complainant is advised to do further correspondence in this matter with [email protected]

शिकायतकर्ता को सलाह दी जाती है कि वह इस मामले में आगे का पत्राचार उ॰शि॰सं॰क॰ [email protected] से उनके ईमेल आईडी - पर करे।

Yours faithfully/ आपकी विश्वासू
Consumer Education and Protection Cell (CEPC), TM-13/ उपभोक्ता शिक्षण और संरक्षण कक्ष, टीम-१३,
Reserve Bank of India/ भारतीय रिजर्व बैंक
BO Bengaluru"
This is directing SBI to get in contact with me, right?
Edit: Received email from the AGM of SBI. Escalated issue to the concerned department.

Include the mail communication as evidence for casual/ no response

JioMart took 25 days to credit the refund to my account. Grounds for complaining to the Ombudsman? An item in my order was reportedly OOS and until I contacted them they hadn't even initiated the refund. Thereafter took some dozen emails for the refund to be actually credited to my account. Payment mode was (WA) UPI.