how to decide compensation in consumer court case
Querist :
Anonymous
(Querist) 24 October 2009
This query is : Resolved
hi friend
i am facing a some problem in filing my case please help me
i purchased a battery from local shopkeeper he deliver me defective piece and many argument he denies to replace or refund my money rs 8000
now i have decided to teach him a lesson
i have prepare case paper but i have little confusion in deciding compensation amount and further processor. i donot know there is need of notary or not. but i know the fees will be rs100
please help me
Adv Archana Deshmukh
(Expert) 24 October 2009
Please give him a written notice by RPAD describing the problem and asking for replacement or refund, if you don't have any other written communication with you.
No need of any notary.
Total amount of Compensation should include the amount of refund + a resonable amount as compensation for the harrassment caused to you + the cost of litigation.
You should also claim interest on the compensation till the date of realisation of the whole amount.
If the court orders replacement, it would award compensation for the mental, economic harrassment caused to you + cost of litigation.
Sachin Bhatia
(Expert) 24 October 2009
Affidavit with the complaint should be attested by notary public. Better to take help from any local lawyer.
adv. rajeev ( rajoo )
(Expert) 24 October 2009
You have to issue notice first, you claim the compensation for finaicial loss, mental tension etc.,
there is no particular guidance to the consumer courts to award the compenation, it will be determined on the basis of the loss cause to u.
Apart from the compensation forum will also award court expenses.
U can ask the compensation as u like, but you will have to pay the court fee on the compensation asked.
Contact the good lawyer, who will guide you better.
PJANARDHANA REDDY
(Expert) 24 October 2009
RAJEEV IS RIGHT, THE COMPENSATION IS YOUR MENTAL AGONY, HARASSMENT CAUSED BY THE DEALER, TIME, MONEY, INTEREST,LITIGATION FEE,ALL TOGETHER ASK FOR A 50K
Kiran Kumar
(Expert) 24 October 2009
under consumer proceedings the service of prior notice is not necessary.
its advisable to take help of some local lawyer, for proper presentation of your case.
he will take care of demands to be made and if your case is proved then you are also entitled to litigation expenses.
a lawyer can help you in enclosing proper documents with your case.
Adv Archana Deshmukh
(Expert) 24 October 2009
Though the service of prior notice is not legally mandatory but, it is always advisable to have evid. of the communication and demand made, in writing. The respondant may say he never contacted to me.
A.P.Manoranjan
(Expert) 24 October 2009
Please follow the Advises of Archana
Querist :
Anonymous
(Querist) 25 October 2009
thanks it great help to me but when i was preparing my case paper . there is column for amount of relief the confusion is how can we calculate cost of litigation before completion of case.i have send a notice to dealer but notice come back because of not finding of address.but when call him by be a different customer he tell me the same address.his phone no are working.
i request to a adovocate help me if he can
but say it frankly i cannot give him fees but yes i can give u all money receive after wining case except the my hard earn money that is cost of litigation & cost of inverter batteryor any other cast bear by me
i will give u all proof to win the case
receipt ,
warrenty card,
advertisement,
copy of notice,
defect of battery in written from my new battery dealer,
one more important proof which i will tell to u when we will meet.
