Praveen Kanungo (Company Secretary) 26 January 2009

consumer case

Dear Sir

Any one provides me leading case law related with consumer act, against retailer?

Can we filed complain against retailer?

Thanks & Regards

Praveen Kanungo

Reply Follow

6 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 26 January 2009

You have a very vague question. Need more details to provide opinion. You can very well file a case against a retailer. Provide more facts.

Ajay kumar singh (Advocate) 26 January 2009

Yes. But only if you have obtained cash-memo for the goods ourchased.

AEJAZ AHMED (Legal Consultant/Lawyer) 26 January 2009

Dear Praveen,

Exactly you can file (not filed) a Consumer Complaint (not a Complain) against a Retailer. But, on the conditions rightly said by Learned Brother Mr. Ajay.

(1) Against any defect in the Goods/Items, which you purchased from the Retailer;

(2) and if you are having any Cash Memo OR Bill, which you obtained from the Retailee while purchasing any goods/items.

(3) Notice of demand to retailer either to replace or return the amount of the goods/items by informing the defect in the said goods/items.

rajeev (advocate) 27 January 2009

it is simple, if u r a consumer u can file a complaint against the retailer. there should be consumer and service provider relation must be there. retialer is also comes under the consumer act becuase he taken the money to sell

Praveen Kanungo (Company Secretary) 27 January 2009

I am great thankful to all of you to promptly reply my query

I had bought a Mobile phone from a reputed mobile retail store on 03/09/2008 at 5:00P.M.

1.) No demonstration of the product was given to me before selling.

2.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours ( i. e. 48 hours replacement guarantee) of sale(In addition to manufacture 12 replacement warranty).

(* Note:- 48 hours replacement guarantee provided by retailer its own behalf)

3.) I was told that the product is better than the other reputed products (Like Nokia).

But I discovered the following defects in the product

A) I could not activate the GPRS service.

B) I could not make outgoing calls from the phone most of the times.

C) That the product was nowhere even equal to the other brands like Nokia.

I brought the defects to the notice of the attendants at the mobile retail store within the replacement period of 48 hours. My request to replace the product was turned down. I kept waiting for 3 hours at the mobile shop for the problem to be solved but it could not be solved. I asked the attendants to give a written statement to the effect that in case the problem could not be solved, you would replace the handset even after 48 hours as the delay is caused by you.

I had also sent a 15-days notice to the said mobile shop for replacing the mobile but the same failed to elicit any response.

Some point must be taken :-

I purchase that mobile only believed the big brand of Mobile Retailer

I believed the 48 hours replacement guarantee provided by retailer

The retailer promised to me if any problem persist in mobile like hang, in problem in music, video quality we replaced the mobile with any other brand

They could not provide any written guarantee card only say we stay here solve your problem you must believe our brand

we had only affidavit of visited consumers to this retail shop regarding above 48 hour replacement guarantee

We had already lodge complaint in district consumer forum in this matter

Please guide me to how I able to fight against retailer?

Thanks & Regards

Praveen kanungo

Praveen Kanungo (Company Secretary) 27 January 2009

I am great thankful to all of you to promptly reply my query

I had bought a Mobile phone from a reputed mobile retail store on 03/09/2008 at 5:00P.M.

1.) No demonstration of the product was given to me before selling.

2.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours ( i. e. 48 hours replacement guarantee) of sale(In addition to manufacture 12 replacement warranty).

(* Note:- 48 hours replacement guarantee provided by retailer its own behalf)

3.) I was told that the product is better than the other reputed products (Like Nokia).

But I discovered the following defects in the product

A) I could not activate the GPRS service.

B) I could not make outgoing calls from the phone most of the times.

C) That the product was nowhere even equal to the other brands like Nokia.

I brought the defects to the notice of the attendants at the mobile retail store within the replacement period of 48 hours. My request to replace the product was turned down. I kept waiting for 3 hours at the mobile shop for the problem to be solved but it could not be solved. I asked the attendants to give a written statement to the effect that in case the problem could not be solved, you would replace the handset even after 48 hours as the delay is caused by you.

I had also sent a 15-days notice to the said mobile shop for replacing the mobile but the same failed to elicit any response.

Some point must be taken :-

I purchase that mobile only believed the big brand of Mobile Retailer

I believed the 48 hours replacement guarantee provided by retailer

The retailer promised to me if any problem persist in mobile like hang, in problem in music, video quality we replaced the mobile with any other brand