Not satisfied with the product Not satisfied with the product

2 years ago

I have purchased a scooter from suzuki moters. When dealer send the picture of the scooty at that time a sticker which specifies the model name is not present I asked the dealer for the same and he sad that it is the same scooty that you need but there is no sticker. We said the we won't buy a scooty which does not have a sticker. So after some he printed the sticker from local market and put it in the scooty and then he called and said we have put the sticker so we went to buy it but after 4 hours the sticker started getting out we informed the same to the dealer and he said it is fake we will order original one from company. We call him but he always say the it coming from last 1 month but it has not came yet and now we are calling him and he is not picking up the call. What can we do? Can we get the refund of all amount ?

Anik

Responded 2 years ago

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A.Dear Client
Yes, You can are eligible for the refund, however, if you have used the product or have damaged it in any manner, the amount of the refund may be deducted, i.e, the amount depends upon the current condition of the scooty.
You need to follow these steps to file a complaint -
1. Send a notice to the company before you file a formal complaint regarding an unfair practice or deficiency in service. You should do this to see whether they are ready to offer compensation for the same. If they refuse or neglect the notice, then you can approach the consumer court.

2. On plain paper, specify the details of the complainant and the company. You can also reach out to any consumer grievance redressal forum that can help file and form a petition at nominal fees. Submit the complaint under the Consumer Protection Act, 1986.

3. You should file the complaint in the district forum which has under its jurisdiction the area where the project is located or the other party's office of profit or residence.

4. Submit the fee through a demand draft. The consumer forum follows different jurisdictions for entertaining complaints:

The National Consumer Disputes Redressal Commission attends to the plea if the claim is for more than Rs 1 crore & the District Consumer Disputes Redressal Forum hears the plea if the claim is for less than Rs. 20 lakh. The State Consumer Dispute Redressal Commission entertains the complaint if the claim is for more than Rs 20 lakh but less than Rs 1 crore.

You can also file the complaint online.
Thanks
Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.You may issue them a legal notice and if they don't comply or don't reply to your notice in 15 days than you can file a case in the Consumer Court of your concerned jurisdictional area/district. You will be required to keep all the evidences pertaining to the same and present it's true certified copy as and when required before the Court. Thank you.

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Vidhi Samaadhaan Vidhi Samaadhaan

Highcourt Advocate Chirivella Chandra Sekhar(CHANDU)

Responded 2 years ago

A.Yes
Exactly right
You can fight them by consumer Act by consumer court at your Local ( nearest place)

And at present by online consumer filing cases
like also , this is yours choice

Documents requirements::
Product bills, guarantee and warantee bills, yours aadhar card, adress proofs ( buyer & seller),
Product picture photo proofs, payment bills, and drafting theirs story of the reason also
That's allowed
Some fees to be paid by product value calculation

That's all

Now.......go to subject discussion about this for knowledge

The New Act of 2019 introduces the option of "Online Filing" of Consumer Complaint for speedy disposal of cases. The Institution of Consumer Complaint happens in a similar way as mentioned above, but everything is performed online

Consumer is the backbone of the Indian Economy by purchasing the goods and services provided to them; therefore, it is necessary to protect their interests. It is the right of the consumers to receive standard quality products. But in certain situations, these consumers become the victim of the profound deficiency of goods and services. Thus a Consumer Court was established under Consumer Protection Act, 1986 to provide timely and effective adjudication of disputes connected to Consumers. The Consumer Courts are formed at three levels: District, State, and National Level, depending upon the monetary valuation fixed by Law.

The Consumer Protection Act, 2019, got the presidential assent on 9th August 2019, and it came into effect from 20th July 2020, replacing the old Consumer Protection Act, 1986. For the speedy and effective disposal of consumer cases, the New Act introduced online filing of complaints and meditation proceedings.

The Consumer Protection Act, 2019, got the presidential assent on 9th August 2019, and it came into effect from 20th July 2020, replacing the old Consumer Protection Act, 1986. For the speedy and effective disposal of consumer cases, the New Act introduced online filing of complaints and meditation proceedings.
Who can file a complaint in a Consumer Court?
A consumer [The person who has purchased goods or has availed some services for personal use only in exchange for money]
Voluntary consumer association Any registered association under the Companies Act, 1956, or under any other law
One or more consumers who have the same interest
In cases of death of a consumer, his legal heir or representative.
The Central or the State Government
The procedure to file a complaint in the Consumer Court
Step 1: Intimation via Notice
It is advisable for the aggrieved party to send a notice to the opposite party before filing a complaint to communicate the Complainant's intentions about the deficiency in service or defects in goods. This notice attempts to settle the dispute without approaching the court, i.e., if the opposite party is willing to offer any remedy for the damage caused.



Step 2: Draft the Consumer Complaint
If the opposite party provides no remedy, then a formal complaint is filed under the Consumer Protection Act, 1986. This step can even be done without a lawyer. These details must be specified in the formal Complaint:

3)Documents
All the relevant documents and material evidence supporting the case must be attached. These documents may include:

A receipt of delivery, copy of the bill, Warranty/Guarantee certificates, record of online booking of the goods bought, packaging of a product, a copy of the written Complaint and notice sent to the seller/manufacturer.

Step 4: Appropriate Forum
Decide the forum in accordance with the pecuniary jurisdiction for filing the Complaint, which is estimated in reference to the total valuation of goods and services fixed by Law.

Step 5: Court Fees
The requisite Court fee has to be paid along with the Complaint filed depending on the forum. This fee depends on the value of goods bought and the amount of compensation sought.

Step 6: Submit an Affidavit
The Complainant also has to submit an affidavit in the Consumer Court. The affidavit must include the facts presented and the statements made by the consumer are true to his knowledge.

How to approach Consumer Forum

How to approach the District Consumer Forum?
Here, the Complaint can be made on a plain notarized paper and can be filed by a complainant or authorized agent. The Complainant needs to file four additional copies for each party. The requisite Court Fee is Nil for people holding Antyodaya Anna Yojana cards for valuation of suit upto 1 lakh and in other cases is Rs. 100. The court fee is Rs 200 for suits valued upto 5 lakhs, Rs 400 for suits valued upto 10 lakhs, and Rs. 500 for value upto Rs 20 lakhs. This fee has to be submitted through a demand draft to the President, Consumer Disputes Redressal Forum (name of) district.

How to approach the State Consumer Forum?
Here, the Complaint must be filed, deciding the pecuniary jurisdiction limit fixed by Law. The Court Fee is Rs 2,000 for complaints valued between Rs 20 lakhs and Rs 50 lakhs and is Rs 4,000 for value upto Rs 1 Crore. This fee is deposited via a demand draft in favour of the Registrar, (name of) State Commission payable in that particular State only.

Thank u very much
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