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Gourob D   30 October 2024

Query related to purchased of a saree from a facebook add

My mother purchased a saree from a Facebook Ad of some website I don’t remember, with cash on delivery. She told me that she never received the product till now and it's been 5 whole months since she placed that order. There was no confirmation mail or anything that could have proved that the order had been placed. When we contacted customer service, they started shouting and also used some severely abusive words.

Although we haven’t paid any amount for the product, we suffered a loss and stress because of the abusive behavior of the customer service agent.

What legal measures we can take against this?



Learning

 4 Replies

Pankhuri Rastogi   30 October 2024

I understand your stress about the situation and I am here to provide you an advice that might help you out. 
Firstly, you are entitled to take action against the company because of its breach of contract, abusive behavior, and the unprofessional conduct of the customer services team even though there was no payment made from your side. 
It is so because the negative behavior of the team falls under the scope of mental harassment and intentional insult with the intention to provoke a breach of peace, covered under Section 504 of the Indian Penal Code (IPC).
You can consider filing a report under this provision in your local police station and make sure to gather the shreds of evidence and give all the details of the abusive language used and the mental stress you have suffered because of the company.
You can also file a grievance report with the Consumer Protection Act, 2019 as Section 2(47) of this act defines unfair trade practices, misleading the customer, or failing to deliver the promised product. 
You can also complain on the Portal of the Consumer Helpline (www.consumerhelpline.gov.in) or at the District Consumer Disputes Redressal Forum. Even if your case doesn’t involve any type of monetary transaction it does involve the harassment of the customer and deficiency of the service.
I suggest you to file a complaint against the company for non-compliance with the promise to deliver the product and the mental harassment caused by the abusive behavior of the staff. 
Also, I would like to say that you must check the legality of the websites for online purchases and use only secure platforms for safety purposes.

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

You can issue a legal notice to the management of the company where you have placed the order, for their abusive and arrogant behavior and claim compenstion for the acts of defamation and insults they have done to her.

Real Soul.... (LEGAL)     31 October 2024

If there was no confirmation of order means the agency is not liable towards anything, besides the order was against COD means you should forget about this and just you can report the Ad to face book

Dr. J C Vashista (Advocate )     01 November 2024

Highly imaginative and hypothetical facts / post lacking a legal dispute /issue.


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