Consumer Protection Act
Bharat Gala
(Querist) 21 March 2009
This query is : Resolved
I shall be obliged if my following queries are solved.
1) Whether consumer can file a complaint in the Consumer dispute redressal forum without giving written complaint to the seller ?
2) Is complaint sent by e-mail to the manufacturer directly be treated as intimation to the seller even though the seller in not informed in writing or verbally?
3) Can manufacturer be a party in the complaint by the consumer who has no direct dealing ? Is he a consumer of a manufacturer as per the defination given in the Act even though there is no transection or contract of service with him?
Pls. advice.
Thanks a lot in advance.
sanjeev murthy desai
(Expert) 21 March 2009
Dear Bharat Gala,
1) No, with out giving writing complaint to the seller consumer cannot file a consumer dispute against him.
2) Email to Manufacturer cannot be treated as intimation to the seller.
3). Of course you can make a party in the complaint by the consumer, but any manufacturer default is there otherewise not.
sanjeev desai
M. PIRAVI PERUMAL
(Expert) 21 March 2009
1. I differ from Mr. Desai. You can file a complaint before Consumer Forum without writing to the seller. There is no provision like 80 CPC in Consumer Protection Act - 1986. Pre-complaint notice is not mandatory. However, to prove your bonafide to the Consumer Forum that you taken up the matter with seller to resolve the dispute and that still your grievance has not been redressed and as such you have approached the Fora. Moreover the seller will also have an opportunity to explain his/her position to you.
2. No you cannot treat a e-mail complaint made to the manufacturer as to that of seller.
3. In case you allege that there is manufacturing defect, then manufacturer has to be added as a party. In case if the seller sells a product beyond the MRP printed in a product then manufacturer is not a necessary party to the complaint. It all depends upon the nature of complaint and grievance you have. You have not provided any details about the dispute or about your grievance.
Bharat Gala
(Querist) 21 March 2009
The grievance is that vitrified tiles purchased by the consumer under impression that it is stain free. After 19 months of fixing them on flooring he kept ply wood /block board on bare flooring and spreyed pest control chemicals, due this chemicals tile color was changed and now he claim to be compensated for the damege due to his negligence and carelessness. Is this a valid claim ?
sanjeev murthy desai
(Expert) 21 March 2009
No this is not a valid claim, if he filed a complaint in the forum may not be admitted on this ground.
sanjeev desai
M. PIRAVI PERUMAL
(Expert) 21 March 2009
Under impression/assumptions you cannot put the manufacturer in the deck. You can file the complaint only if there is an solid assurance in the brochure or the ads of the manufacturer of tiles that vitrified tiles are stainfree. But you have stated that the consumer has purchased it only the IMPRESSION that it is stainfree.
sanjay singh thakur
(Expert) 21 March 2009
Dear Mr. Bharat
Answer to your Queries are given here under:
1. You are supposed to file a written complaint on affidavit before the Forum and no prior written complaint or notice is required under the CP Act, 1986.
2. No it cannot be.
3. Yes manufacturer can validly be made party in such cases where there is manufacturing defect because Retailer do not manufacture the product.
4. The last but not the least, as facts revealed by you amply signifies that loss occurred on account of negligence on the part of Purchaser hence you will have to prove the same when onus of proof shift upon you and not otherwise.
Regards.
B.B.R.Goud.
(Expert) 22 March 2009
yes, i do agree with my learned friends
MANISH
(Expert) 23 March 2009
Dear Mr. Bharat,
I agree with the views of my Ld. Friend Mr. Perumal.
It is correct that no notice is mandatory under the CPA, 1986.
Notice to manufacturer cannot be treated as service to seller.
Manufacturer can be made a party (in fact it has to be made a party in your case).
A. A. JOSE
(Expert) 23 March 2009
Above views are endorsed.
adv. rajeev ( rajoo )
(Expert) 24 March 2009
U can file a complaint without giving written compalint to the seller. But to get cost in the complaint it is better to issue notice to the seller, manufacturer claiming the compensation. E mail cannot be considered.
Manufacturer is the necessary party.
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
