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Ritu Pandey   05 September 2024

How to handle consumer rights issues under the consumer protection act in india:

Arjun Patel, a 40-year-old financial analyst, recently purchased a high-end washing machine
from a well-known retail store in Mumbai. The appliance was advertised as state-of-the-art,
with various advanced features and a comprehensive warranty. Arjun paid a significant
amount for the product, expecting it to meet high standards of quality and performance.
purchase Details:
Product: High-end washing machine.
Retailer: Renowned chain of home appliance stores.
Price: ₹75,000.
Warranty: 2 years on parts and labor.
Shortly after installing the washing machine, Arjun noticed that it was not functioning as
advertised. The machine had frequent breakdowns, failed to complete wash cycles, and
produced excessive noise. Despite following the user manual and troubleshooting tips, the
problems persisted. Now the retailer store is refusing to help him out. He decides to file a
complaint under the Consumer Protection Act, 2019. What are the steps Arjun should take to
file a consumer complaint? What evidence and documentation will be necessary to support
his claim, and how can he approach the Consumer Redressal Forum? What are the possible
outcomes of his complaint, including compensation or replacement of the defective product?



Learning

 3 Replies

Dr. J C Vashista (Advocate )     05 September 2024

All relevant documents of purchase of the machine and advertisement / claim has to be annexed with consumer compliant impleading retailer and manufacturer. 

Real Soul.... (LEGAL)     05 September 2024

Moot court 

Sudhir Kumar, Advocate (Advocate)     14 October 2024

Agreeing with views of Dr Vashista, I will  add that in case you can establish that (i) you are given false promise (ii) services as promised have not bee rendered (iii) you are made to pay more for the services which was beyond agreement (iv) the goods provided were not of the advertised/offered quality (v)  you were deprived of vital information.

 

If you can have any such argument then you can move a consumer complaint against manufacturer.

 

As far as vendor  is concerned prima-facie he acted just an agent of manufacturer but he will be necessary party.  If you have a grievance that vendor gave any false information/promise then case lists against him as well.

 


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