Rights of Consumer
himanshu singh
(Querist) 14 March 2009
This query is : Resolved
Dear sir, i want to know that if a company making false declaration, (E.g. the company commits that it is providing such services, but the company has not licence to provide such services), and the consumer believing on the statement purchases the products of the company, (1)what will be the rights of the consumers?
(2)What actions a consumer can take against the company?
Please give me suggestion in this regard.
Thanking You.
adv. rajeev ( rajoo )
(Expert) 14 March 2009
The rights of the consumer are
1 He has to demand for the service
2 He has got every right to make an enquiry regarding false declaration
inspite of it company fails to provide a better service u can approach the consumer forum for the relief
when company is giving false declaration and induces any person to purchase their products it amounts to unfair trade practice, which comes under consumer proctection act
sanjay singh thakur
(Expert) 14 March 2009
Dear Himansdhu
You can validly file a Consumer case against the company for Unfair trade practice under the CP Act, 1986.
PALNITKAR V.V.
(Expert) 14 March 2009
Besides the actions suggested by the learned friends, you can also go for a case for cheating.
M. PIRAVI PERUMAL
(Expert) 14 March 2009
You can file a case before the DCDRF against the company for unfair trade practice. The definition of unfair trade practice is as below : -
"UNFAIR TRADE PRACTICE" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;—
(1) the practice of making any statement, whether orally or in writing or by visible representation which,—
(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;
(ii) falsely represents that the services are of a particular standard, quality or grade;
(iii) falsely represents any re-built, second-hand, renoÂvated, reconditioned or old goods as new goods;
(iv) represents that the goods or services have sponsorÂship, approval, performance, characteristics, accessoÂries, uses or benefits which such goods or services do not have;
(v) represents that the seller or the supplier has a sponÂsorship or approval or affiliation which such seller or supplier does not have;
(vi) makes a false or misleading representation concernÂing the need for, or the usefulness of, any goods or services;
(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;
Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;
(viii)makes to the public a representation in a form that purports to be—
(i) a warranty or guarantee of a product or of any goods or services; or
(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promÂise is materially misleading or if there is no reasonable prospect that such warranty, guaranÂtee or promise will be carried out;
(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;
(x) gives false or misleading facts disparaging the goods, services or trade of another person.
Explanation. - For the purposes of clause (1), a statement that is—
(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or
(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or
(c) contained in or on anything that is sold, sent, delivered, transmitÂted or in any other manner whatsoever made available to a member of the public,
shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;
(2) permits the publication of any advertisement whether in any newsÂpaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation .—For
Kamlesh soni
(Expert) 15 March 2009
Dear Himansdhu
You can validly file a Consumer case against the company for Unfair trade practice under the CP Act, 1986.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 March 2009
I do agree with all of my Ld. friends. There are so many options for u against the company.
Shyam Ji Srivastava
(Expert) 16 March 2009
Dear Friend,
Above replies are true and correct. You can also make a complaint under MRTP Act
