manu (advocate) 29 June 2014

Consumer dispute mobile

hello sirs/mam,

1. i placed a order for a samsung galaxy Y with a company through online shopping. But they have not sent the said set and on the other hand they have sent some other set.

2. i have informed them about the mistake through email. i have got the document for placing the order in which the product of my choice is clearly mentioned.

3. i have also got the bill as well issued by them for the product which they have sent to my address by mistake.

4. Now they are ready to cancel my previous order and refund the amount. But i have sufferred the loss of time and mentl agony.

can i go consumer forum seeking compensation for mental agony and loss of time?

is it advisabel to receive back the sale consideration and send the mobile back to the company before filing the case?

will it be a mistake if i receive the amount which they are ready to refund?

Reply Follow

4 Replies

Kumar Doab (FIN) 29 June 2014

Mention that you have been subjected to unwarranted and inordinate delay. Retain the original copies of original order form, bill. Receive payment under protest. Refund of your principle amount is more imp than some compensation. Later approach DCDRF.

manu (advocate) 29 June 2014

Thanks a lot for appropriate suggestion. i have a doubt. how to receive the principal amount under protest? is it like, should i address them a mail after i receive principal amount saying that i reserve right to sue them for compensation?

Kumar Doab (FIN) 29 June 2014

You may build appropriate written record on your dissatisfaction, mental tension, harassment loss now and later you can express your dissatisfaction with their response and claim compensation as per internal policy of the company.

It shall be better if you consult a local lawyer now handling consumer cases.

Shivesh Sinha (Legal Adviser) 30 June 2014

Dear Manu,

Have perused your query here above, posted by you on this page & have noted the contents of the same & also your follow up query in response to advise of Mr. Kumar Doab.

CRUX of your query is that whether U can sue the erring "Online Trader" for their supply of Mobile in contrary to your Order, placed by you & even after getting refund of your consideration amount on return of the supplied item OR not?

The narrated story suggest that it definitely attracts provisions of the Consumer Protection Act, 1986 as the erring Online trader has committed UNFAIR TRADE PRACTICE and hence you can sue them in competent Consumer Court seeking reliefs award of Compensation in lieu of caused agonies, harassment etc. for the reason.

For my appropriate legal advise, I would like to examine all relevant documents for taking step by you as my above suggested advise and hence you may approach me by linking :

www.powertoconsumer.in

Also you are advised to read my post on BLOG of said website by linking :

https://www.powertoconsumer.in/blog/2014/06/dialling-the-right-connection/

Said website provides free legal advise pertaining to consumer problems.

Thanks,

SHIVESH SINHA

Advocate Cum Legal Adviser to www.powertoconsumer.in