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Renu (S)     03 August 2011

Consumer protection act - is my case strong enough?

 

Hi, I am thinking of filing a complaint in District forum against a company dealing in online shopping. I need some help from you professionals to understand whether my case is strong enough. I would really appreciate a response as I am not fully aware of laws and do not have a lawer friend.

Case Details:
I made an online purchase and got a wrong order. Following are order delivery details:
- order delivered at home
- payment by "cash-on-delivery" + some "points" in online account with the site
- receipt mentioned correct order

I mailed at support@--------.com the same day informing them about it.
As per company return policy:
- send an image of order so that they can confirm
- send order number
- when they confirm, courier the product which should reach them within 7 days
- consumer is liable for a "full refund"
- courier charges will be credited as "points" in online account (so that people make further purchases??)

I sent an image and order number and asked to pay my amount in the same way as I has paid it (money+points). They in their mail mentioned "On receiving the product we not only reimburse your courier charges up to but will also reimburse the amount paid by you as bonus point in your account", which is a contradiction to their policy. After sending all info and following up and waiting, I get the very first mail again asking me to send image, order number and informing me about "Wrong" policy.

-I mailed asking that since it is their fault I am not taking the pain of getting it couriered and they cannot convert my refund as "points". I asked them to send someone and collect their order and pay me my money just like the delivery.
- Team asks for 7-10 working days
- no response till 15 working days
- on following up this is what they said "Please be informed that we have initiated the refund but the payment got bounced back. Kindly note that we just require 3-5 working days to re-initiated the refund". Asked for 3-5 more working days

- after that time I ask for all the details of the initial refund initiated (transaction ID/cheque number) and also of the second refund which must have been initiated by now.
- in response I am being asked to send my order since it has not reached them by now

Points against them:
- they are not clear about their own policies
- cannot force to make another purchase by crediting "points" and that too for a wrong order (not company policy)
- cannot refuse to refund courier charges and instead crediting "points" for THEIR fault (company policy)
- harrassment
- wasted my time and energy
- not able to use my order inspite of full payment long time back
- no response many times from support staff
- asking for info which is already provided (again wasting time and energy)
- no response for details asked about the refund allegedly initiated
- no response for details about second refund supposed to be initiated

(Any other points??)

Is it a strong enough case for me to proceed to District forum?
What does the Consumer protection law says?
Also, is there any fees for filing a compaint?

Thanks!



Learning

 4 Replies

Kuljit Pal Singh (Legal Professional)     03 August 2011

Dear Friend,

It is a very strong Consumer Case, Your case comes under deception & unfair trade practices. I suggest to draft a notice on the facts as stated above and wait for the respose for 15 days and then go for Consumer case. The Tribunal did nt charge substantial fee. So go for it.

Regards

Renu (S)     03 August 2011

Hi,

Thanks a lot for your response!
You suggested that I draft a (legal) notice and wait for 15 days before going to consumer court.
Is it a necessary and important step for such cases? I think I would be needing a lawyer for that.
Can I directly file a complaint with District Forum?

Appreciate your response.

Thanks!

Kuljit Pal Singh (Legal Professional)     03 August 2011

Dear Friend,

Yes it is a precondition to serve notice. U may ask lawyer or NGO for Consumer Rights to draft the same and guide u further.

Regards

R. PON KARTHIKEYAN (ADVOCATE)     08 August 2011

dear mr. renu,

It is not mandatory or statutory to put the opponent on notice before filing a consumer complaint...the consumer act did not say that a consumer should give a legal notice before filing a consumer complaint..so you can directly approach the forum and file a complaint

regards,

r.pon karthikeyan


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