Last Updated on June 10, 2024 by Satish Mishra
The rise of Consumerism in India is evident from the fact that consumer spending in India has reached more than 18000 INR Billion in terms of consumer spending as per reports submitted by TradingEconomics. A big thunder clap to all consumers out there in India who happens to read this post.
The Consumer Protection Act, 1986 the statute itself doesn’t provide a bar on institution of cases if legal notice regarding the deficiency of service is not sent to the erring respondent- service provider but sending a Legal Notice has its own advantages. It can probably avoid you instituting a case even when respondents agree to make bad the good on sending legal notice only.
Also read- CONSUMER COURT- A QUICK GUIDE FOR TRICITY
Should I send Legal Notice in Consumer Cases?
LegalSeva recommends sending of a Legal Notice before Consumer complaint is filed in any of the district consumer forum of Chandigarh, Panchkula or Mohali. But why? The answer is as good as seeing two sides of a coin.
Now, If you have decided to send Legal Notice first, then it should cover following aspects clearly in most precise manner:
1 Date of Purchase– When did the purchase happened? Remember you have to file the consumer case within 2 years of cause of action which is from the first date when you noticed the defect or deficiency in service. After 2 years filing of the consumer complaint is difficult and depends upon the consumer court condoning the delay or else dismissed on this sole ground. Courts too have to record their reason if they allow your complain in order.
2 Place of Purchase (jurisdiction)- The place where opposite party carries business, if many then where you made the purchase is sufficient. Upto 20 lakhs in District Consumer Disputes Redressal Forum, Between 20 lakhs to 1 Crore in State Consumer Disputes Redressal Commission and beyond 1 crore in National Consumer Disputes Redressal commission at New Delhi. For further clarification you may dial 99888-17966.
3 Transaction Details– Mention details of your transaction covering order no e.g ABc123456, description of goods, size, color, written literature about the service being endorsed or any genuine document showing you made a purchase at specified place on particular date and time. This is going to be annexed with Legal Notice.
4 Deficiency, most important- Clearly state what was promised and what deficiency you got in the product. Relevant to point out in attached document where it was specifically said that you were to get this much assurance or level of satisfaction using the service or product and then quote your dissatisfaction in descriptive manner. Don’t be vague and make imaginary illusions about a product or a service. The crux of your consumer complaint/matter lie in this para. Watch your words and be careful. Only a diligent consumer advocate can let you pass this stage without stress.
5 Remedy- Now state clearly what do you want? Replacement, Compensation, Money-back, entirely new product or you want to bargain. State it clearly in your notice. Remember sending a legal notice before filing a consumer case is like settling the dispute outside court and getting one fair opportunity to negotiate the matter with the respondent- service provider or seller/manufacturer in this case. An average life of a consumer case is one year and you might end it in just 15/30 days by sending a legal notice. Just think about it!
6 Consequence- Give reasonable time of 15-30 days in legal notice to remove the defect or make bad the good or else step number 7 follows. Come to me and I’ll show how it is to be done.
7 Engage A Consumer Specialist Lawyer- After sending the legal Notice, company may or may not reply. In both eventualities, Consumer Complaint at appropriate District Consumer Forum follows. It is better to hire a consumer expert lawyer for your case as he may get desired relief from the consumer court plus the reciver the litigation cost as well. Even courts are inclined to award litigation expenses while awarding relief to the consumer.
Also read- LEGAL NOTICE- WHEN, WHY AND HOW TO SEND?
It is important to note that the orders of consumer court are binding on parties and in default of the same, the party at fault may have to go to jail or pay more costs than one awarded earlier. Execution Application may also be filed in the same Consumer Court if the award is not complied by the other party.
Also read- BEST CONSUMER COURT LAWYERS IN CHANDIGARH, PANCHKULA, MOHALI, ZIRAKPUR AND DERABASSI
Provision of Appeal- In case the consumer feels the award is less or not adequate, he may prefer appeal to State Consumer Commission of Chandigarh, Haryana and Punjab under Section 15, 19 and 21 of Consumer Protection Act, 1986.
The courts being concerned about the welfare of consumers are likely to enhance the amount and relief.
As a consumer, we tend to take deficiency or defect lightly and companies knowing such nay sayer attitude repeatedly exploit consumers in the same way as of a first consumer until someone up the ante and fights this injustice.
The best example of this is levy of VAT now GST (IGST/SGST/CGST) on MRP based Sale and Discounts. Inspite of repeated decisions of courts and they continue to charge excess even after giving fixed discount on MRP.
Also read- FREE LEGAL ADVICE IN CHANDIGARH, PANCHKULA, MOHALI, ZIRAKPUR
Our consumers can bring more instances to the list. Exploitation of consumers must be stopped.
LegalSeva might assist you in your quest to get to the best or top consumer lawyer in Chandigarh, Panchkula, Mohali, Zirakpur, kharar and other adjoining areas.
Just dial 99888-17966 for free consultation or you may also write to us at [email protected]
Do let us know how you feel about this post in the comment section below. We miss them real bad.
Also read- REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 CHANDIGARH
