Top Legal Issues of 2022: Insights and Trends

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

Mr. Sathish G, You can approach a lawyer and initiate a consumer case against the service provider for deficiency of service. Collect all the relevant documents and approach a lawyer who can file a case in the consumer commission for you. Depending on the documents the lawyer will be able to tell you where do you stand for winning the case.

These are legal terms for case procedures related to civil case. This may be understood by any legal person but by any common person.

Dear Client, From your prolonged contents of query, it appears that you become the victim of deficient service from different service providers on multiple occasions. To resolve the issue of deficiency in service legally you have to knock the door of the Consumer Forum. So, in the given scenario, serving a strong legal notice to all the service providers, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming the money you lost for deficient service along with compensation for harassment and mental agony and cost of litigation. The complaint should be filed within two years from the date of the cause of action.

Dear Client Shailesh, Thank you for reaching out with your concerns. Based on the information provided, you seem to have a valid grievance against the coaching institute, UPSC Pathshala (Ufaber). Here are the steps you can take and answers to your questions: 1. Chances of Winning the Case Yes, you have a good chance of winning this case, provided you can present adequate evidence to support your claims. The key points in your favor include: Documentation of Payments: You have a record of all the payments made to the coaching institute. Evidence of Non-Compliance: You have email communications indicating the irregularity of classes, lack of mentors, and other issues. Course Details: You have evidence that the coaching institute did not provide the services as promised, covering only one or two subjects when the course should cover 5-6 subjects. 2. Filing a Complaint on E-Daakhil (Consumer Forum) Steps to File a Complaint: Visit E-Daakhil Portal: Go to edaakhil.nic.in. Create an Account: If you don't have an account, you will need to register. Provide your details and create an account. Filing a Complaint: Login to your account. Select ‘New Case Filing’ and enter the details of your complaint. Upload all necessary documents: This includes payment receipts, email communications, and any other evidence. Fill in the Claim Amount: See below for details on how to calculate this. 3. Claim Amount How to Calculate the Claim Amount: Refund of Fees Paid: Add up all the amounts you have paid to the coaching institute. Downpayment: ₹5120 Processing charges: ₹484 Monthly payments: ₹3648 each for July, August, September, October, December (5 months) and ₹4000 for November Total Paid = ₹5120 + ₹484 + (₹3648 * 5) + ₹4000 = ₹34,644 Compensation for Mental Agony and Inconvenience: You can claim an additional amount for the mental agony, inconvenience, and loss of valuable time. This can vary, but you could reasonably claim around ₹20,000 to ₹50,000 depending on the extent of the issues faced. Legal Costs: If you incur any legal costs, including lawyer fees, travel expenses, etc., these can also be included in your claim. Total Claim Amount: Based on the above, a reasonable claim amount could be in the range of ₹54,644 to ₹84,644 or more, depending on the extent of your mental agony and any additional costs incurred. Additional Advice: Maintain All Evidence: Ensure you have copies of all correspondence and receipts. This will be crucial for your case. Clear Communication: Clearly outline the issues you faced and the relief you seek in your complaint. Seek Legal Advice: Consider consulting with a consumer rights lawyer to ensure your case is well-prepared and to get a better estimate of the compensation you can claim.