What happen if not taken police notice?
Guest
(Querist) 23 May 2018
This query is : Resolved
Sir,
Hua yeh ki...
My cooker burst while cooking daal. The lid blew up and it went and stuck inside chimney made out of concrete which is above the stove area in the kitchen.
Now my mom who was sitting next to the stove got sprayed with hot daal and got burns. The entire chimney kitchen walls pasted with daal from cooker.
This cooker is of prestige company. I have narrated the entire incident to the prestige dealer from whom I purchased the cooker. He told no replacement he can give and he cannot compensate for the burns and walls pasted with daal. I had brought the cooker 3 months back with bill and also came with warranty.
The warranty sheet tells this
"We only accept returns if the item shipped to you is defective or damaged. The item should be returned to us within 7 days from the delivery date in original packaging. We will send you a new replacement unit as soon as we receive the return package. the product should be in unused condition. Refund if any will be through online payment only. There is no cash refund."
Now what happen is, I had called to tell all this daal story over phone to shop keeper. When cooker burst. The shop keeper told come to shopt and discuss. There I properly shouted at the shopkeeper. But nothing happened. The shop keeper did not give new cooker nor gave compensation for burns.
Thereafter I have given him notice to return cooker and give compensation for burns or else I will approach Consumer Court. To which he has not replied till date.
Hence I gave complaint to The President, District Consumer Forum, Amravati. Behind Circuit House, Jail Road Amravati against the shop keeper to give replacement or refund plus compensation.
The shop keeper has appeared in the consumer court. He will sit on the chair along with everybody. But when case is called he wont stand up. Nor he has any advocate who will come and stand before judge. He will sit for sometime and then go. He never tried to speak to me or my mom when we are in court.
And once while this case is going on, he had called on phone and told come and collect your money. When I asked how much money, he did not tell. I told if he want to send money or new cooker he can send it to my address. He neither sent money nor the cooker.
Now what shop keeper did is:
He gave complaint to police that I threatened him over phone.
Police had called me on my phone. And told to come to station. I told send complaint copy. They did not send any copy of complaint.
In meantime Consumer Court the shop keeper appeared but sits silently and has not filed reply to my complaint, so Consumer Court has told me to file affidavit and then after they will pass the orders.
But yesterday police notice came through post.
I was not at home and so nobody took and it went back.
Now I want to know what is the game plan of the shop keeper. He did not appear in consumer court, nor did he file reply nor anybody on behalf of him did appear or reply.
But police again called today and told complaint is there against you and SI told not to call the shop keeper again and threaten him.
Fact is I did not threaten him. Simply shop keeper gave complaint and wants to make me to come to police station so that he can coheres through police for out of court settlement.
I want to know the following:
1. I am asking what happen if not taken police notice?
2. What action can police take against me or my mom? Because police sent notice to both our names.
3. What if we do not appear at all. My mother age is 70. Can she be compelled to go to police station?
4. In this matter what to do? Can anybody help me?
5. What could be the shopkeepers intention here? Simply coming and sitting not even coming before the judge and going. Again appearing on next date but when Judge calls out his name he wont stand up or speak. What could be the shopkeepers intention here?
Guest
(Querist) 23 May 2018
I have asked 15 lakhs in damages in my consumer complaint.
Kumar Doab
(Expert) 23 May 2018
The complaint as posted by you is not to call again and again and threaten.
Do you or OP have cal recordings?
The manufacturer is not made a party?
You could have written the whole matter to company’s local office also and asked to send their representative immediately and society members and recorded the whole incident by video/snaps and taken the medical treatment from Dr. and Dr must have narrated observations on prescription/discharge summary.
Guest
(Querist) 23 May 2018
Kumar,
I am looking for some advocate to reply. You are posing so many questions which are though relevant do not serve the purpose of my posting the problem here.
You have failed to read the problem. Read it again.
I am asking what happen if not taken police notice?
What action can police take against me or my mom? Because police sent notice to both our names.
What if we do not appear at all. My mother age is 70. Can she be compelled to go to police station?
What are the legal consequences here for me and my mom?
rajeev sharma
(Expert) 24 May 2018
Vatsala ji when a complaint is filed with the police it is the duty of police to make investigation. Please engage an advocate, appear before police hand to them the copy of complaint filed with consumer court and get your statement recorded by police. Next time when your complaint is listed in the consumer forum and the shopkeeper is sitting there identify him and request the court to take his presence on record and serve a copy of the complaint in the court itself before the court. Please note that in consumer matters court always take a sympathetic view for consumer. If your mother is not in a condition police investigating officer may come to your house to record her statement.If you do not give statement to police may got you summoned through court even by getting the arrest warrant issued. Even if the shopkeeper has the recording of the conversation held on phone it is not easy to prove the allegations before court.
Sudhir Kumar, Advocate
(Expert) 24 May 2018
You do not appear before police and give hiom a tool to drag you to thana.
you are sitting at home and that every one must assume that your mother is 70(+)., No it is you who has to go and tell that she is not.
you are demanding hefty amount from shopkeeper (who never manufactured cooker and never gave guarantee) and facts given by you do not at all indicate if you have sued the manufacturer as well.
Guest
(Querist) 24 May 2018
No Thank you for confusing replies.
We are scared. My mom burn victim. We got all bills, video, audio recording. We asked to shop keeper give new cooker and give compensation for damage to mom skin, and walls of kitchen plus stove bent.
He did not agree. I gave complaint to Consumer Court. 1st party shop keeper. 2nd party prestige company for making faulty cooker which burst like bom b.
I wont go to police station as station is in Pune. I agree I shouted at shopkeeper that was then, shop keeper gave complaint now. while case already registered in consumer court.
when matter is in court how can police interfere? I want legal advice sir. If I could afford going to advocate why would I come here?
Sudhir Kumar, Advocate
(Expert) 25 May 2018
You say that you are not obeying the order because you are scared. In fact you are not scared about the police and that is the reason you do not care for such notices.
Sudhir Kumar, Advocate
(Expert) 25 May 2018
opened a new thread at
http://www.lawyersclubindia.com/experts/Police-inspector-harassing-by-calling-us-to-police-station-681916.asp
Guest
(Querist) 25 May 2018
You are not advocate sir. I mean no disrespect. But your advice even road side fellow can give. That when police call I should go. But I have not done anything. So I dont want to go. What you are already is a unsolved query in expert section.
Here is the link. http://www.lawyersclubindia.com/experts/Fake-id-useless-fellows-kumar-doab-and-sudhir-kumar-679186.asp
You shuld concentrate more on your wife than on this forum. I have seen that your wife also posted one query here complaining about you spending more time on LCI. Dont do that and screw your wifes life, instead screw her. Keep her happy would be my advice to you.
Dr J C Vashista
(Expert) 27 May 2018
My humble suggestion to avoid passing any comment upon personal life of an expert/respondent, if you are seeking FREE advise on this platform, please mend your ways.
Guest
(Expert) 04 June 2018
Pity, the expert, Kamagni aunty, also failed to advice point by point on the questions of the query maker!
