How do I sue a store for not sending me my order for 2 months and not evven canceling or refunding my money?

Question by anupriya: How do I sue a store for not sending me my order for 2 months and not evven canceling or refunding my money?

I ordered stuff from Sears on 12th Nov 2009 which was supposed to be delivered by 23rd Nov 2009. The order has niether been delivered yet nor are they doing anything about canceling my order and refunding my money which they duly deducted from my account. A simple logic of either giving me the ordered products or sending me back my money is not being understood by their hopeless customer care department. I have been interacting with them via e-mails since 7th dec 2009 and on phone earlier. Each time a new representative is there and gives me same empty assurance which never materializes. In fact today I got a e-mail which is exact copy of what they sent me 3 wks ago,indicating that no reps actually read your mails or go through the case file before replying you back!!!! They have mentally harassed me to a limit where I am losing all my patience and have a feeling that nothing more than a lawsuit will open their eyes. If there is another way that can help me,I am ready to try that as well,but I have my heart set on suing them for this torture and suffering,all due to their own incompetence in handling their system!! Please help,thank you.
just to emphasize, I have been in touch with customer care reps, calling or mailing them every other day and I have been repeatedly getting similar answers that are words and no action. There is no address for Sears Corporate Headquarters etc on its website and customer care reps are the only way to deal with ones problem. I agree there shud not hv bn ne prob in canceling my order but it seems Sears is finding their “new automated order processing system” way too difficult to handle…or so they claim!I hv rcvd another mail saying that delay was due to holiday season and the order will get canceled in 7-10 days. I had rcvd same mail 2 wks back and nothing happened!

Best answer:

Answer by INSOMNIAC
If you ordered from sears you must have paid with a credit card, if so lodge a complaint with them and they will refund your money and back charge Sears, or you can go to the nearest Sears store and get the Store Manager involved.~

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