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Vasundhara Singh (Student)     11 June 2021

Dissatisfied costumer

I recently ordered a face cream from Flipkart after reading the ratings and reviews mentioned on their website. After using the cream, I contracted an allergic reaction on my face and hands. I tried to complain to Flipkart but they are not giving any response to my complaint. Can someone advise as to what can I do to claim compensation? Should I complain against Flipkart or the manufacturing company of the cream?  



 4 Replies

Sankaranarayanan (Advocate)     11 June 2021

Issue a notice to supplier and flipcort  too then file a case before consumer forum . Keep the cream safely. For your allergies you try to get doctor report also.if possible you can submit the cream to test lab and obtain the test certificate it will help you for your case 

kavksatyanarayana (subregistrar/supdt.(retired))     11 June 2021

Yes.  File a case before District Consumer Forum against Flipcart.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 June 2021

You can submit complaint to consumer forums through its website. see this link. 

https://www.consumercomplaints.info

Nirali Nayak   13 June 2021

Hello mam, greetings of the day. 
As per your query, after you use a cream, and contract an allergic reaction on your face and hands, you can file a complain in a Consumer Court. This court is established under the Consumer Protection Act, 1986  which redresses and adjudicates the consumer disputes in India. But before that you must understand certain things. But who is a ‘consumer’ exactly? A person is a consumer if he/she has purchased goods or availed some services in exchange for some value, i.e. he/she has paid money. Now you can file a complaint when, the statutory period of 2 years from the date of cause of action has not lapsed and the complaint must have the legal capacity to file the complaint i.e. should be sane, solvent and major. There are three different Consumer Disputes Redressal Agencies which are responsible for consumer protection. They are: District Consumer Disputes Redressal Forum (DCDRF), State Consumer Disputes Redressal Commission (SCDRC) and National Consumer Disputes Redressal Commission (NCDRC). If the value of your claim is up to 20 lakhs then, then you can make an appeal in the DCDRF. If the value of your claim is between 20 lakhs to 1 Crore, then you can make an appeal in the SCDRC. The pecuniary jurisdiction lies if the value of your claim exceeds 1 crore. You can follow the following procedure to file a complaint in the Consumer Court. 
1. Sent a notice to the service provider who provided the goods or the services. The notice must communicate your intention to resort to litigation and inform him about the defects in the goods or the deficiency in the service or any unfair practice.
2.  File a formal complaint under the Consumer Protection Act, 1986.
3. Attach the relevant documents that support your case. 
4. Choose the appropriate forum for filing the complaint.
5. A prescribed fee is required to be paid along with the complaint filed depending on the forum.
6. Submit the affidavit.
In your case, you must file the complaint against the manufacturer of the cream company and not flipkart. 
Hope this helps.
Regards
Nirali Nayak
Law student


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