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Consumer Rights in Case of Faulty

Defective or Damaged Product Received

  • Consumer Protection Act, 1986
  • Various rights to the consumers
  • Violation of rights
  • Consumer Complaint
  • Relief Sought
  • New Developments
  • If you have received a faulty, defective or damaged product and seller refuses to replace the product or refund the amount, there is no need to worry as in order to provide better protection of the rights and interest of the consumer, the government came up with statute called as the Consumer Protection Act, 1986 (the Act) which addresses the grievances of consumers and resolves the issues with respect to damaged or faulty product.

What are various rights that are guaranteed to Consumers under the act?

  • Right to Safety – The act provides protection to consumers against the marketing of hazardous goods and services;
  • Right to be informed- The act protects consumers against Unfair trade Practices and also enlighten consumers about the quality, quantity, potency, standard and charges of goods or services. For instance, in case of medicines, pharmaceuticals need to reveal potential side effects of medicines and producer of drugs are required to publish report of laboratory about medicine to promote a comparative analysis of drugs with competitive brand.
  • Right to Choose- The right to choose and access variety of products at best and competitive price. In order to provide variety of products to consumers at competitive price, government has made it illegal to form cartels to set up monopolies, which means that vendor of alike or similar products or services cannot form a single setup to nullify the bargaining power of the consumers.
  • Right to be heard- The act provides consumers right to be heard and guarantees to provide due consideration to interests of consumers. In order to fulfill this right, various redressal forums at District, State and National Level has been set up in order to authorize consumers to file a complaint valorously against faulty or defective products.
  • Right to Redressal- The act provides leverage to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers by establishing various redressal forums on District, State and National level.
  • Right to Consumer Education

What are the services Lawyerinc offers for Faulty or Defective product?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services related to Faulty or Defective Product.
  • Our expert professions will guide you throughout the procedure by providing you with the best advice with respect to Faulty or Defective Product.
  • We will assign you a Case Manager who shall help you will the negotiation of the terms and conditions of the Complaint and drafting of the Consumer Complaint and legal notice.
  • We will find you the best Lawyer as per your jurisdiction
  • At every stage of the trial, till its finality, you shall be notified of the updates of the case
  • We shall keep track of the lawyer assigned to you so that you face no troubles

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Faulty or Defective Product and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

What to do if your rights have been violated?

Law has provided us with various remedies if your rights have been infringed. But for effective redressal of grievances, consumers should have knowledge about the laws and regulations and they need to truly understand the same to ensure its effective implementation. Law has provided us with special purpose judicial set up i.e. Consumer Courts at District, State and National Level to deal with the cases related to consumer disputes and grievances. If a consumer feels that he is a victim of violation of any consumer right then he can file a complaint in consumer court of India. Consumer Courts are primarily set up to ensure fair trade practices by traders towards consumers.

When a consumer can file a Consumer Complaint?

Any Consumer whose rights have been infringed can file a written complaint before Consumer Court. A complaint can be filed under below mentioned circumstances:

  • Loss or damage is caused due to unfair or restrictive trade practice carried by a trader or a service provider;
  • In case of any defect in product in terms of quality, standard or measure set by competent authority,
  • If there is any deficiency or imperfection or any kind of limitation in services hired or availed by consumer;
  • In case of surplus amount charged by trader or service provider in comparison to stipulated price;
  • If Goods or services offered for sale in public which will be hazardous to life and safety of public.

Where a Consumer can File a Complaint?

A consumer has to check both Territorial and Pecuniary Jurisdiction before filing a consumer complaint. A consumer can file a consumer complaint in respective district consumer forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, taken place. Consumer Complaint can be filed in:

  • District Consumer Disputes Redressal Forum (DCDRF): a complaint can be filed in respective district consumer forum if the value of the claim is upto 20 lakhs
  • State Consumer Disputes Redressal Commission (SCDRC): a complaint can be filed in respective State Commission, if the value of the claim exceeds ` 20 lakhs but doesn’t exceed Rupees One crore. As well any revision out of the order of District Forum can be filed in State Commission.
  • National Consumer Disputes Redressal Commission (NCDRC): a complaint can be filed in National Commision, If the value of the claim exceeds Rupees One crore. As well any revision out of the order of State Commision can be filed in National Commision

What is the procedure and what need to be included in Consumer Complaint?

Although, consumer complaint can be filed by Complainant himself but it is always advisable to take help of an Attorney for better adjudication. Complaint needs to be unambiguous, specific and precise. It is advised to send a legal notice before filing a consumer complaint. The consumer complaint must include:

  • Complaint must have cause-title and heading;
  • Complaint must include the name, description and address of the complainant;
  • Complaint must include important facts related to the complaint and the place of course of action;
  • Complaint must include the name, description and address of the opposite party or parties;
  • Complaint must include important facts related to the complaint and the place of course of action;
  • Complaint should also include opposite party’s liability to be proceeded against and how they are accountable to the said petition.
  • Complaint needs to be accompanied with relevant documents in support of the allegations imposed in the said petition. Complaint need to be signed by Complaint with attestation and it is advised to keep one or two copies of the complaint with themselves for records and further proceedings.
  • Complaint need to be accompanied with list of documents duly signed by Complainant.
  • Jurisdiction clause need to be mentioned in Complaint as how the matter falls within the jurisdiction of the respective tribunal. It needs to mention whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action has been arose within the tribunal’s jurisdiction.
  • Complaint is also required to mention Relief Sought as how Complainant is entitled to claim the costs of said complaint from the opposite party, along with that Complaint also needs to mention the amount of claim in your complaint.
  • Complaint need to be accompanied with verification clause and also need to attest/notarize the same from Oath Commissioner or Notarization official.

What relief can be sought from Consumer Court?

  • For removal of defects from the defected goods or Removal of deficiencies in the said services;
  • For replacement of the goods in dispute or Refund of the money paid to trader;
  • Award of compensation for the loss or injury suffered
  • To discontinue or not to repeat the unfair trade practice or restrictive trade practice in future;
  • To withdraw hazardous goods in dispute from being offered for sale in market;
  • To halt/stop manufacturing of hazardous goods and abstain from offering services which are hazardous in nature;
  • If the loss or injury has been suffered by a large number of consumers, to pay compensation of such sum to be not less than 5% of the value of such defective goods or services provided to be determined by the forum;
  • To close or alter the misleading advertisement to reduce its effect.

New developments in terms of consumer rights in India:

Lok sabha in December, 2018 passed a Consumer Protection Bill, 2018 in order to replace Consumer Protection Act, 1986 which provides for recall faulty products and that allows buyers to seek compensation for defective product or deficiency in service. His bill also prescribed penalties for product and sale of adulterated products that has impact on human health and life. A proposal has been given for imprisonment for term of 7 years to life imprisonment and imposing a fine of at least Rupees 10 lakh in case of death caused due to adulterated product.

Can I Draft Divorcee Agreement By My Own Or Should I Hire A Lawyer?

Even if you have vast knowledge of laws and you know how to draft a divorce agreement, but one should take help of lawyer/attorney to draft or at least to review the divorcee agreement. As one need to make sure that all significant legal provisions are added in the agreement and if you are not an attorney you may miss important provisions and serious issues to be drafted in proposed agreement or one may forget to incorporate important vocabulary or specific words in the agreement. Possibly, you may not be updated to latest state laws or legal provisions that you incorporate may be vogue and uncertain. In case you fail to incorporate any important provision/specific word, one may come to halt losing important rights and if one of the party disagree on any provision later on parties may end up messing the things and wasting more money. So it is highly recommended to hire a good lawyer/attorney to avoid any legal encumbrances.

    Frequently Asked Questions

    • 1. My car met with an accident and insurance was active at the time of accident. Insurance company has refused to pay claim amount I spent on basis of my fault. What can I do?

      You can file a consumer complaint within 2 years from the date of cause of action and can claim insurance amount.

    • 2. I received defective watch that costs Rs. 7000. Where can I file complaint?

      You can file consumer complaint before District Consumer Forum .

    • 3. I received defective watch. What documents I need to file a consumer complaint?

      You need invoice or cash memo, proof of payment and warranty card etc to file a consumer complaint.

    • 4. What is the time limit to file a consumer complaint? Can I file complaint if the cause of action was 3 years ago?

      No, you cannot file a consumer complaint as limitation to file consumer complaint is 2 years from the date of cause of action.

    • 5. I am not satisfied with the order of National Consumer Redressal Commission. Can I file an appeal?

      Yes you can move to Hon’ble Supreme Court if you are not satisfied with the order of National Consumer Commission and want to file an appeal within 30 days from the date of receipt of Orders.

    • 6. Why to get help through lawyerinc with respect to Faulty, damaged or Defective Product?

      Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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