Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mohan Krishan   06 December 2017

Consumer court

I have a small matter against an online retailer for several issues. I had placed 4 orders for clothes and they either supplied defective items or did not refund my money completely. The value is around Rs.1000. My question is - in case I win the case, will the court award me the legal fees of lets say Rs.15000 in addition to the compensation of Rs.50000 that I demand for harassment, etc?


Learning

 8 Replies

Siddharth Srivastava (Advocate)     06 December 2017

You can recover the paid amount which has not been refunded by the company alsong with cost and expense and interest which includes lawyer's fee also but your lawyer shall be required to file certificate to this effect which shall be filed in court aslo.

Hardeep (Business)     07 December 2017

Further note that even if you win you may not get the 50k demanded by you for harassment . The Commission will decide amount on various factors of which very important would be value of the goods/services to begin with and their prima facie potential for causing damage.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 December 2017

You may not get award of costs for the actual amount spent by you. It will be limited to the schedule of rates. If the cost is only Rs.1000/- why not fight yourself. It will cost you Rs.100/- or so to file the complaint, actual costs of typing and printing the documents, postage and your trips to the court.

Mohan Krishan   07 December 2017

Thank you for your replies. However, I am womdering that despite me having proved his guilt, I am not entitled to a suitable compensation for harassment caused to me before I go to the court (exchanging several emails, fighting him out, stress, etc) and even after going to the court (visits to the court, costs, salary loss, stress for almost 3-4 years).

Mohan Krishan   07 December 2017

Also, Kindly confirm whether, apart from the consumer court, is there any online govt or other platform where one can file a complaint and get it resolved?

Hardeep (Business)     07 December 2017

Welcome to the legal world ! In situations where courts are adjudicating even in cases with clear penalty clauses accepted by both parties, your harassment costs are just notional. As for online forums, none exist afaik.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 December 2017

I agree with Hardeep. If you seriously pursue you will only hurt yourself more.

Mohan Krishan   08 December 2017

Mr Hardeep... thanks for your valuable advice. Is there any way to connect with you!


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