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I've just read a short juridical article regarding this law and I would like to append some information for the sake of completeness/correctness: - regarding t
by myth2018 6y ago
I've just read a short juridical article regarding this law and I would like to append some information for the sake of completeness/correctness:
- regarding the hypothetical case presented, the customer would be entitled to get the double refund only if she'd paid the bill;
- still regarding the hypothetical case, if you've sent the wrong bill by mistake, and the customer still paid it, you could offer a "simple" refund and, in case the customer demands the double, you could refuse and the burden of proof would be hers -- although you could still loose in case the customer takes the issue to court and the judge gets convinced you attempted to commit fraud
- on the concrete scenario I mentioned (the company I worked for), the unduly amount probably happened out of negligence of the big telecom, not due to bad faith. However, it would be so hard for them to prove it (especially considering the error was never fixed), that they would simply accept to refund the excess in double