Wants to take back his money from a neglectful company

21-6-2009 | IslamWeb

Question:

I bought something from a company and they told me that they will take extra amount of dollars and then they will send it by mail for me. long time passed and I recieved nothing and I went back to the company they told me you will recieve nothing because we forget to tell you that there is a form that you should fill to take your money back. and now They have a bonus that can give me my money back but with two year agreement but I can only agree for one year because I will travel away. my question is if I do not tell them that I will agree only for one year and sign the 2 year agreement to take my money that they did not give back to me , this will be oK or not
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

What we understood from your question is that you deputized the company to send you the goods that you purchased from it by post. Therefore, the ruling on this company is the ruling of an authorized person [agent] and the agent guarantees the goods if he is negligent or abusive. It appears that the company is negligent by forgetting (to send you the goods) so it is obliged to guarantee the goods.

On the other hand, the company did not do the service which you entrusted it to do, so it is obliged to give you back the amount and it is not permissible for it to take this amount or to procrastinate in giving it back. If you cannot get back the money except by the method that you mentioned then this is permissible because it is permissible for a person to use tricks in order to get back his right even if he has to lie if there is no other alternative to get back his right as stated by the scholars may Allaah have mercy upon them. For more benefit, refer to Fatwa 88412.

Allaah Knows best.

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