Legal action to be taken against a company in case of where the company is liable for faults in goods or services
In consumer
court, a consumer can plead for himself/herself; means an individual does not
need to hire a lawyer.
and The Consumer
Protection Bill, 2018
Above two are
very important for an individual, in order to defend your case against the
beauty product company.
A consumer is
called ‘the king’ who controls the market. Although, a lot of businesses get
involved in trade malpractices and sell fake or substandard products, or
provide services at an inferior quality in order to cut costs and earn more
profits. It is the consumer that ultimately suffers by paying hefty prices for
defective goods, or faulty services.
But, a consumer
has been given the right to hold the manufacturer, seller or service provider
liable for such faults goods or services. A consumer has various options to
raise their claim with the company about their defective product. The first and
foremost thing to do is to inform the company about their faulty goods or
services to gather if the company is willing to refund or repair the loss
suffered by replacing the product or returning the money.
Generally,
customer services of the company resolve any consumer complaints. But, if the
trader refuses or neglects to address the consumer’s problems, then the
consumer can file a case in consumer court against the company. Here’s the
complete guide on how to file a case in consumer court in India:
Important points
related to definition of Consumer:-
Consumer- A
person is a consumer if he fulfills the following conditions:
a) The person has
purchased goods or availed some services in exchange for some value, i.e. he
has paid money.
b) The person
must have bought the goods for personal use, and not for resale or commercial
purposes.
Any registered
association under the Companies Act, 1956 (old companies) now companies are
registered under Companies Act 2013, or under any other law.
The Central or
the State Government.
One or more
consumers who have the same interest.
Steps to file a
case in consumer court:-
Then an
individual has to follow the following steps to file a suit in consumer court:-
Get the Consumer
Complaint Drafted: The first step to file a case in Consumer Court is to get
your complaint drafted. It is always effective to hire a consumer court lawyer
to draft and file a consumer case as a complaint has to filed in the correct
consumer court which has the jurisdiction to deal with a case. With regards to
drafting, a complaint must state:
i) Important
facts to establish that some harm has been caused due to such faulty service or
goods.
ii) Name,
description and address of the consumer and the company/ person against whom
the complaint is filed.
iii) The
relief/compensation claimed.
Attach relevant
Documents: Copies of relevant documents that support your case in consumer
court are important. These documents include:
1) A copy of the
bill of the goods bought.
2) Warranty/
Guarantee certificates.
3) A copy of the
written complaint and notice sent to the manufacturer/ seller.
Pay requisite
Court Fees: A prescribed fee is required to be paid along with the complaint
filed in the District Forum, State Commission, and National Commission. The
court fee depends upon the value of goods bought and the amount of compensation
sought.
Submit an
Affidavit: The person who wants to file a case in consumer court is also
required to submit an affidavit in the court. The affidavit must state that the
facts presented and statements made by the consumer are true to their knowledge.
A case in
consumer court must be filed within 2 years from the date of grievance. The
court does not entertain a consumer complaint if it is filed after completion
of 2 years. However, if the consumer is able to provide a reasonable cause for
the delay (condonation of delay), the court may accept the complaint.
It is important
for the consumer to be educated about the process to file a case in consumer
court in this competitive market where sellers are stampeding over the trade
norms and standards to be on top. It is important that an individual follow the
correct legal procedure to file a case in consumer court so that an individual
are able to claim compensation for faulty goods and services.
An individual can
file and present your case on your own in a consumer court, but first
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