The Buyt Desk
You have purchased an expensive jacket online. After waiting for five days finally, the package arrives. You excitedly received the order but did not open it immediately. You keep the box aside for a day to negate any COVID infection risk. On opening the package on the sixth day, you find out that the seller sent you the wrong product. You ordered a red jacket, but a black jacket was delivered to you. Now, what do you do?
You have a right to return the wrong product. You can request the seller for a return/exchange of the product and avail refund. In case the seller refuses then you use the remedies under the Consumer Protection Act, 2019. Ensure that you must always preserve the receipt of the purchased goods with you. The receipt, issued by the seller, serves as the guarantee of the quality of the product. It makes the seller liable to refund the product’s cost in case of a defect within 15 days of purchase.
What does the Consumer Protection Act 2019 offers a consumer?
Under the Consumer Protection Act, every consumer is entitled to six rights. The right are:
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The right to safety
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The right to be informed
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The right to choose
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The right to be heard
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The right to redressal, and
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The right to consumer education.
The Act safeguards the consumer against unfair and restrictive trade practices. It ensures that the consumer receives the full value as the seller promised him. If the seller sells a defective product, he needs to provide a resolution in repair, replacement, or refund. If the consumer does not receive a solution, he can file a complaint with the Consumer Forum. For consumers’ ease, the Act has set up consumer mediation cells, and fora at District, State, and National level. The District Commission can take up the matter of up to Rs.1 Crore. The State Commission takes up issues of up to Rs.10 Crores, and the pecuniary jurisdiction of National Commission is over and above Rs.10 Crores. A consumer can file a complaint from his choice of location and, not necessarily from the seller’s site.
What steps should a consumer follow if he is dissatisfied with a purchased product?
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Send a legal notice to the seller claiming replacement, repair, or refund.
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If the seller fails to acknowledge the legal notice within 30 days then file a complaint with Consumer Disputes Redressal Forum/ Commission at the earliest. The maximum time limit for filing a complaint is two years from the date the cause of action arose.
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A pre-defined fee, via a demand draft or a postal order, should accompany the complaint.
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You do not require a lawyer to draft the complaint. However, if you authorize someone else to file the complaint on your behalf, it should bear his signature. The complaint should mention the names and complete addresses of both the parties.
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Attach the supporting documents with the complaint—for example, copies of the receipt, the legal notice, and warranty or guarantee documents. An affidavit, stating that all information/evidence is entirely true and correct, should accompany the complaint.
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You should mention the amount of compensation sought under the claim.
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Send the complaint via registered post and save the postal receipts for future references. You can even register the grievance with the online Integrated Grievance Redress Mechanism (INGRAM), established by the Department of Consumer Affairs.
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If you are dissatisfied with the Consumer Forum order, then approach the Appellate Authority of that Forum within 30 days of the order.
