Consumer rights
Amarjit
(Querist) 27 May 2020
This query is : Resolved
Dear Members,
I have buy the laptop on 1st Feb 2020 and from starting my laptop not working properly. keyboard is defective. Main issue is ALT key not working and because ALT key not use daily basis I haven't noticed once notice but some how skip from my mind and some reason but laptop is defective from 1st days. Now after many complaints in HP they are saying they will not change the laptop but they will change the keyboard because I not complaint with in 15 days. And his executive come to my house to change the keyboard but when he start changing he found he carry wrong spare part. he told me they will arrange the correct part and inform me. But after many days no response from there side i called HP concern person many time and mail them.
I have paid full amount and I got defective laptop.
Now how I can approach to Consumer Court and is there any complaint format for that. If yes can any one help me to provide the format.
Also Consumer Court is open now or still close. I am from New Delhi
Regards
Raj Kumar Makkad
(Expert) 27 May 2020
There is no definite format for filing the consumer complaint, however, the sequence-wise facts are required to be mentioned parawise leading to the deficiency of the service of the opposite party and at last relief should be claimed. You can search draft copies of such consumer complaints, if you have to file complaint individually.
Rajendra K Goyal
(Expert) 27 May 2020
There are some formats / outlines of draft complaints available online. You can prepare your complaint based on these after downloading these.
It is better to get the complaint drafted by your lawyer, he would take care of all aspects on which a new person may avoid due to ignorance and may result in loss.
You can wait till lockdown is over.
KISHAN DUTT KALASKAR
(Expert) 27 May 2020
Dear Sir,
In addition to the opinions expressed by learned above Legal Expers I would like to share the recent amendments.
Please CLICK LIKE and follow me if you feel my answer helped you
AMENDED PROVISIONS CONSUMER ACT 2019
Consumer Protection Act, 2019 – Key Highlights
20 August 2019
The Digital Age has ushered in a new era of commerce and digital branding, as well as a new set of customer expectations. Digitisation has provided easy access, a large variety of choice, convenient payment mechanisms, improved services and shopping as per convenience. However, along the growth path it also brought in challenges related to consumer protection.
Keeping this in mind and to address the new set of challenges faced by consumers in the digital age, the Indian Parliament, on 6 August 2019, passed the landmark Consumer Protection Bill, 2019 which aims to provide the timely and effective administration and settlement of consumer disputes. The Consumer Protection Act, 2019 (New Act) received the assent of the President of India and was published in the official gazette on 9 August 2019. The New Act will come into force on such date as the Central Government may so notify. The New Act seeks to replace the more than 3 (three) decades old Consumer Protection Act, 1986 (Act).
Set out below are some of the Key Highlights of the New Act:
- Covers E-Commerce Transactions: The New Act has widened the definition of 'consumer'. The definition now includes any person who buys any goods, whether through offline or online transactions, electronic means, teleshopping, direct selling or multi-level marketing. The earlier Act did not specifically include e-commerce transactions, and this lacuna has been addressed by the New Act.
- Enhancement of Pecuniary Jurisdiction: Revised pecuniary limits have been fixed under the New Act. Accordingly, the district forum can now entertain consumer complaints where the value of goods or services paid does not exceed INR 10,000,000 (Indian Rupees Ten Million). The State Commission can entertain disputes where such value exceeds INR 10,000,000 (Indian Rupees Ten Million) but does not exceed INR 100,000,000 (Indian Rupees One Hundred Million), and the National Commission can exercise jurisdiction where such value exceeds INR 100,000,000 (INR One Hundred Million).
- E-Filing of Complaints: The New Act provides flexibility to the consumer to file complaints with the jurisdictional consumer forum located at the place of residence or work of the consumer. This is unlike the current practice of filing it at the place of purchase or where the seller has its registered office address. The New Act also contains enabling provisions for consumers to file complaints electronically and for hearing and/or examining parties through video-conferencing. This is aimed to provide procedural ease and reduce inconvenience and harassment for the consumers.
- Establishment of Central Consumer Protection Authority: The New Act proposes the establishment of a regulatory authority known as the Central Consumer Protection Authority (CCPA), with wide powers of enforcement. The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into consumer law violations.
- The CCPA has been granted wide powers to take suo-moto actions, recall products, order reimbursement of the price of goods/services, cancel licenses and file class action suits, if a consumer complaint affects more than 1 (one) individual.
- Product Liability & Penal Consequences: The New Act has introduced the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation. The term 'product seller' is defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. The defense that e-commerce platforms merely act as 'platforms' or 'aggregators' will not be accepted. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the New Act, manufacturers will be liable in product liability action even where he proves that he was not negligent or fraudulent in making the express warranty of a product. Certain exceptions have been provided under the New Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.
- Unfair Trade Practices: The New Act introduces a specific broad definition of Unfair Trade Practices, which also includes sharing of personal information given by the consumer in confidence, unless such disclosure is made in accordance with the provisions of any other law.
- Penalties for Misleading Advertisement: The CCPA may impose a penalty of up to INR 1,000,000 (Indian Rupees One Million) on a manufacturer or an endorser, for a false or misleading advertisement. The CCPA may also sentence them to imprisonment for up to 2 (two) years for the same. In case of a subsequent offence, the fine may extend to INR 5,000,000 (Indian Rupees Five Million) and imprisonment of up to 5 (five) years. The CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to 1 (one) year. For every subsequent offence, the period of prohibition may extend to 3 (three) years.
- The New Act fixes liability on endorsers considering that there have been numerous instances in the recent past where consumers have fallen prey to unfair trade practices under the influence of celebrities acting as brand ambassadors. In such cases, it becomes important for the endorser to take the onus and exercise due diligence to verify the veracity of the claims made in the advertisement to refute liability claims.
- Provision for Alternate Dispute Resolution: The New Act provides for mediation as an Alternate Dispute Resolution mechanism, making the process of dispute adjudication simpler and quicker. This will help with the speedier resolution of disputes and reduce pressure on consumer courts, who already have numerous cases pending before them.
With the New Act all set to become the law, gone are the days, where the 'consumer was asked to beware'. A consumer is now the one who assumes to be treated like a King. Hence, it is important for consumer driven businesses (such as, retail, e-commerce) to be mindful of the changes in the legal landscape and have robust policies dealing with consumer redressal in place. Consumer driven businesses must also strive to take extra precautions against unfair trade practices and unethical business practices.
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Dr J C Vashista
(Expert) 28 May 2020
File your complaint before competent consumer dispute redressal fora.
R.K Nanda
(Expert) 28 May 2020
you can file written complaint in consumer court against OP for deficiency in services.
Rajendra K Goyal
(Expert) 28 May 2020
Good brief given by expert Kishan Dutt Retd. Judge regarding Consumer Protection Act 2019.
Raj Kumar Makkad
(Expert) 28 May 2020
A layman is required his diret answer and not the lengthy procedure, which is meant either for law students or for lawyers.
Dr J C Vashista
(Expert) 29 May 2020
Rightly observed by Sh. Raj Kumar Makkad, I agree.
In fact the author is a layman who is in need of gist of solution to his problem and not a procedural / technical aspects of filing a consumer complaint as explained in detail by Sh. Kishan Dutt, which may go beyond the reach of few (especially fresh) lawyers.
Raj Kumar Makkad
(Expert) 29 May 2020
Thanks a lot Dr. Vashishtha for understanding and appreciating my point of view.
Rajendra K Goyal
(Expert) 29 May 2020
The querist wants to serve notice and draft consumer complaint at his own. It seems he is not a layman but have basic knowledge of law and procedure.
If he is a layman, he should take the services of some professional.
Raj Kumar Makkad
(Expert) 29 May 2020
There are only two types of categories recognized is legal sector viz. lawman and layman. I think the author falls within the second category.
Rajendra K Goyal
(Expert) 30 May 2020
Author want to proceed himself.
Even the best lawyer is not having knowledge of full law which is big ocean.
Information provided by expert Kishan Dutt Retd. judge is informative for litigant and to me also.
Raj Kumar Makkad
(Expert) 30 May 2020
In that event, he should change his lawyer and Mr. Goyal can definitely help him to perform this act as he personally knows his lawyer also.
Amarjit
(Querist) 31 May 2020
Respected Mamber,
Firstly Thank for all to advise me.
I have done my LL.B 6 year back but I am not practice I am working on Pvt company. We are from middle class and I use my mother saving to buy the laptop and now found we got defective item.
Now, What should I do, can any one help me to draft the complaint , I have all facts date wise with me.
Just looking help from our Sr lawyer and Lawyer community.
Regards
Rajendra K Goyal
(Expert) 31 May 2020
You have knowledge of law, you yourself can approach consumer forum and proceed with your claim.
