Praveen Kanungo
26 January 2009 at 08:11
Dear Sir/Madam
Sir/Madam I am student of LLB we lodged a complaint against retailer in district consumer forum for defect in mobile.
Can I file complaint against retailer if he provide guarantee for 48-hour replacement in addition to 1-year replacement warranty of manufacturer?
He sell unknown brand mobile with this replacement guarantee, we have not any evidence in this connection, excepted few affidavit from consumers?
Any one provide me decide case law against retailer
Thanks & Regards
Praveen Kanungo
rashmiramanath
25 January 2009 at 21:30
Respected counsellors/Solicitors
Please go through the following and kindly give your suggestions.
Mr.X had joined a college for a technical course beleiving on the advertisement and brochure of the respective college for a course of two semister exams.
The college did'nt give him the fee receipt also.
Later, after the I semister exams the results were witheld from DTE,for the reason that the college was not recognised and affiliated from AICTE and the brochure was of a false advertisement.Now, the II semister exams were nearing and there was no sign of issual of hall tickets for exams from college and hence the student went for appeal in the high court wherein the students came to know that the results were not declared due to the non recognition factor. and through an interim order, he was permitted for the second semister exams.
after the exams, the court proceedings continued and finally, the court declared an order directing the DTE and college to announce the results and issue the marks cards and certificates;
But, till one month as the certificates were not issued, the students issued a legal notice to the DTE and college authorities to act as per the high court orders.
In the mean time, students received appointments from reputed companies wherein the appointment letters had mentioned a joining date to submit the marks cards and certificates and join for duties.
This was in vain as the certificates were not given within that period.
Now, the students went for an appeal to district forum for compensation due to the delay in certificates issue and fraudemlant advertisements in brochures about recognition.the district forum dismissed the appeal.later, the appeal was filed in the state forum and the appeal was again dismissed stating that the exams are done by DTE and hence the DTE has to be included as opposite party.the state commission did not considered the false advertised brochures at all.
Is there any provision to appeal a new appeal in the same state forum for revision of judgement and inclusion of DTE as opposite party along wiht the college or should an appeal filed in National commission?
Please guide us at the earliest as the students have lost a carrier growth opportunity due to the deficient service and false ads from the colleg authorites and DTE.
Advance thanks for one and all for the reply
Yours faithfully
Ramanth
Dinesh
25 January 2009 at 21:00
sir, I am def no1 in a civil suit since 1 year. After 1 year some people of the locality submitted the app u/o 1 rule 10 R/W section 151 CPC in my suit which is against 1 person only. Pl tell me is it correct/legal or they should file the separate suit.
Dinesh
25 January 2009 at 20:41
Sir, Can a CJ issue order to Def no1 for restrain from construction without issuing notices to def no 2 and 3 i.e. MCD
allurisivajiraju
24 January 2009 at 22:05
Respected Sir,
In one case Miss. 'Y' executed a registed sale deed in respect of immovable property in favour of Mr. 'X' which was attested by Mr.'Z' who was husband of Miss. 'Y'. Actually the said proerty is belongs to Miss. 'Y' and 'Z'.
After a long time ie 15 years after the Mr. 'Z' who attested in previous sale deed claimed his share in the said property from Mr. 'X'.
Now I want a citations with regard to " An attestation of deed itself estops a man from denying what ever except that he withdrawn excution of deed ".
Thanking you Sir in advance.
Mohan RP Rao
24 January 2009 at 17:27
Dear All,
I am having a dicey situation where a decree holder after assignment of a decree to third party has taken application for excution of decree for possession, which is pending at Small causes cOurt maumbai. But after making the same he is not attending the court and is unavialble for futher procedding. Now the assignee of decree want to excute the decree for possession. But I jst want to know what will be the best option of the following 1. To continue the pending execution application by bringing the assignee on record,where we have to file rejoinder to the reply of the defendant to excute the decree( whether the deree holder after assignment of decree can make an application for Excution of the deree? What is the status of decree holder after assignment) If or 2. allow the excution application to get dismissed and apply for fresh execution of the decree in the name of assignee of decree?
KAMARAJ BHARATHY G
23 January 2009 at 15:52
anybody can tell me about the court fee for the bare injunction. one property value is 2 lacks. i have to get injunction against the defendent to interfeare the peace ful possesion of the plaintiff. my question is in injunction suit there is any fixed court fee or persentage of the suit property?
BHAWNA
23 January 2009 at 15:06
DEAR !!!!!!
i WANT FULL PROVISIONS TO INCREASE ACS OF THE COMPANY.
EARLIER IT WAS ONE LAC AND NOW HAS BEEN INCREASED TO ONE CRORE.
PLEASE GIVE ME ALL THE FORMALITIES NEEDED STEP WISE AND DOCUMENTATIONS REQUIRED
I WILL BE GRATEFUL FOR THIS
A. A. JOSE
23 January 2009 at 14:41
Dear Sirs,
A decree-holder desires to transfer the decree to another court of compentent jurisdiction situated in another District in the same State for getting the same executed againist the property of the judgement-debtor which is a State Government Company under S.617 of the Companies. The procedures involved for the same may kindly be indicated. Whether the court at the other place has to authenticate/endorse the decree before the same is entrusted to the court's Bailiff or not.Thanks in advance.
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Consumer Act
I am great thankful to all of you to promptly reply my query
I would like bring some point :\
4.) No demonstration of the product was given to me before selling.
5.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours ( i. e. 48 hours replacement guarantee) of sale(In addition to manufacture 12 replacement warranty).
(* Note:- 48 hours replacement guarantee provided by retailer its own behalf)
6.) I was told that the product is better than the other reputed products (Like Nokia).
But I discovered the following defects in the product
A) I could not activate the GPRS service.
B) I could not make outgoing calls from the phone most of the times.
C) That the product was nowhere even equal to the other brands like Nokia.
Some point must be taken :-
6. I purchase that mobile only believed the big brand of Mobile Retailer
7. I believed the 48 hours replacement guarantee provided by retailer
8. The retailer promised to me if any problem persist in mobile like hang, in problem in music, video quality we replaced the mobile with any other brand
9. They could not provide any written guarantee card only say we stay here solve your problem you must believe our brand
10. we had only affidavit of visited consumers to this retail shop regarding above 48 hour replacement guarantee
We had already lodge complaint in district consumer forum in this matter
Please guide us to how I able to fight against retailer?
Thanks for reply
Detail matter is
I had bought a Mobile phone from a reputed mobile retail store on 03/09/2008 at 5:00P.M.
1.) No demonstration of the product was given to me before selling.
2.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours of sale and it has a one-year warranty.
3.) I was told that the product is better than the other reputed products (Like Nokia).
But I discovered the following defects in the product
A) I could not activate the GPRS service.
B) I could not make outgoing calls from the phone most of the times.
C) That the product was nowhere even equal to the other brands like Nokia.
I brought the defects to the notice of the attendants at the mobile retail store within the replacement period of 48 hours. My request to replace the product was turned down. I kept waiting for 3 hours at the mobile shop for the problem to be solved but it could not be solved. I asked the attendants to give a written statement to the effect that in case the problem could not be solved, you would replace the handset even after 48 hours as the delay is caused by you. The attendants said that they do not have the authority to give any written statement. Instead of entertaining my problems they kept on humiliating me by mocking at me. Moreover, the attendants did not stick to their words and kept on misleading me. Even after 4-5 rounds of visit to the mobile shop and the service center, my problem persists. Due to this deficiency in your service I am not able to reap any benefits even after spending Rs. 4929/-. The purpose for which the mobile was bought could not be served; rather I had to suffer mental agony due to the indifference of the attendants and the defects in the product. Besides I have suffered physical exhaustion due to repeated worthless visits to the mobilehop in the hope of ultimately getting my money’s worth and a problem free mobile.
I had also sent a 15-days notice to the said mobile shop for replacing the mobile but the same failed to elicit any response.
thanks & regards
Praveen Kanungo