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Manish   03 August 2017

Need a suggestion on a consumer matter.

Hi All, Need a suggestion on a consumer matter. About a year back, tried to purchase a piece of furniture from a showroom via Bajaj Finance loan, the product was delivered damaged at my home, so I returned it and asked for my advance back. The showroom refused and even took the money from Bajaj Finance. After which the people from Bajaj Finance are after me for the emi and even I have lost my credit score. I have been advised by a friend to go to the consume court and file a defamation case against the showroom. I have been told that for a Rs.2 Lacks defamation claim I would have to pay Rs.25000 as court fee and stamp duty. Requesting suggestion, if this is the correct path to take and if the suggested charges are correct because I see the court fees for Consumer court to be very low and what would be the suggestion on defamation?


 8 Replies

Advocate Bhartesh goyal (advocate)     03 August 2017

you can file complaint against furniture showroom and bajaj finance for their deficiency in services and unfair trade practice before District Consumer Forum and claim not only the advance paid amount but also paid amount through EMI and claim compensation towards mental and physical agony.you have to pay court Rs 200/-upto Claim of Rs 500000/-only.

G.L.N. Prasad (Retired employee.)     03 August 2017

District Consumer Forum never deals with defamation cases, and do not trust such advises.

Contact a local advocate, get a consumer complaint filed alleging deficiency fo services, costs ..your advocate may advise you on such eligibility for compensation.

The total costs if you appear in person may not exceed Rs.1,000/- and it is you that has to express the actual problems before the forum.  The process is simple and not complicated as of a regular court proceedings.

Kumar Doab (FIN)     03 August 2017

Probably you are confusing deficiency, defamation...........

 

 

Kumar Doab (FIN)     03 August 2017

While drafting your complaint your very able local senior counsel of unshakable repute and integrity specializing in consumer matters can make use appropriate words say ; your repute and loss of repute.....................and stake claim to compensation... 

P. Venu (Advocate)     03 August 2017

Yes, there is no defamation ninvolved, only deficiency of service.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 August 2017

You can follow the advice of Advocate Goyal. You can claim compensation without using  words such as defamation, loss of repute etc. You can also file, if you so feel, a criminal defamation case under IPC-499, 500 in a magistrate's court.  There are no large court fees for such a case.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 August 2017

As for any claim on the bank, it would depend on the terms of advancing you the loan. Most probably the terms would be such, that you cannot stop the bank from paying the amount to the merchant. For instance if you had paid through credit card, you cannot stop the bank from paying the merchant and you will have to pay the bank when you receive the bill. The terms with the bank will be such, that they cannot be drawn into any dispute, which you may have with the merchant. You will have to deal with the merchant as you would have, if you had paid him cash.

Manish   08 August 2017

Thankyou all for all your suggestions and valuable inputs.


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