My legal position
Piyush
(Querist) 07 November 2013
This query is : Resolved
I had purchased a pair of Glasses around 2 years back. I was never quite comfortable with them, and actually intimated this to them after a couple of days. But they told me that I should give it time as my eyes have to adjust to the new prescription. But the problem persisted. I thought there was something wrong with my eyes and did not pursue. A few weeks back I got my eyes tested in the same shop, and was amazed that nothing had changed since I last visited them. When I mentioned the problem,they asked me to bring the spectacles to their shop. They rechecked the power in the glasses, and found that they had goofed up and over-corrected my power. Since it was completely their mistake I asked them for a replacement. But they said they can't help me as I did not go to them within one month from the date of purchase. I believe that there is nothing more they need to do now, which they would not have done then to correct their mistake. How can I be blamed for trusting them? I wanted to know where I stand legally on this. Would appreciate any help.
PS: I have not retained the Invoice. Is that a problem if i go to a Consumer Court?
Advocate M.Bhadra
(Expert) 07 November 2013
If you do not have any cash memo or receipts then you can not seek relief from Consumer Forum,beside this you should not go to the Forum as you have to spent more.But you can send a Legal Notice to the said shop for pressuring tactics.
Piyush
(Querist) 07 November 2013
I am a consumer right ..I am the final consumer and have not bought it for resale. why does the question of proving it arise?
Piyush
(Querist) 07 November 2013
That is what I thought .. Since I am required to give them a written notice..I will do that.. and depending on how they react..I will take it from there..Is that the right way forward?
Rajendra K Goyal
(Expert) 08 November 2013
Since you have not retained the cash memo / invoice, it would be difficult to prove that you have purchased the item from them and hence you are the consumer.
Rajendra K Goyal
(Expert) 08 November 2013
Since you have not retained the cash memo / invoice, it would be difficult to prove that you have purchased the item from them and hence you are the consumer.
Piyush
(Querist) 08 November 2013
But I have some other documents which I believe might be enough to prove that I had purchased the spectacles from them. They had given me a membership card as well. Will that suffice ?
Rajendra K Goyal
(Expert) 10 November 2013
Consult a local lawyer and show him all the documents.
Sarvesh Kumar Sharma Advocate
(Expert) 07 November 2013
