Receiving more than the purchase price when returning goods

Question:-

My daughter has an account with a certain clothing company. We both ordered some items online. There was a delivery charge, the cost of which we shared. However, I needed to return some items and had to pay an amount to the courier company to collect it, which I paid for. When I bought the items they were sold at a special price but when I returned them they were refunded at the original price, which is a higher price as the company refunds at the original price of the items. Am I allowed to take the extra money? Who does the extra money belong to?

Answer:-

We understand from your query that you returned your goods to the store or company in lieu of a refund. The jurists have written that a refund should be concluded at the same amount at which the initial transaction was concluded. If any party attaches a condition of receiving more than the initial purchase price then the transaction will be Baatil (null and void) and only the initial purchase price will have to be returned.

بمثل الثمن الأول، فإن شرط أقل منه أو أكثر فالشرط باطلٌ، ويرد مثل الثمن الأول. (اللباب في شرح الكتاب – باب الاقالة)

Therefore, in the queried scenario, you should return the extra money to the company.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 19 Jumadal Ukhra 1443 / 22 January 2022