It has been 1 month and packers/movers is not ready to give me bill.
He has blackmailed me into giving more money before delivering goods. The price we agreed upon was 51000 (car + household goods) but due to payment being stuck in Google Pay I had to transfer money via NEFT. Later, Google Pay money also got transferred and he received 52000 from me.
They also badly damaged by Almirah, for which I asked for compensation which he is not ready to give. Then the Car was given to me outside my home some 80-90 km away and I had to spent 1000 Rs on Ola to go there. Before handing me the car the container driver told me his manager has instructed him to ask 1000 Rs from me or else he will not give me the keys. I had to shell out 1000 Rs more for which I shouted on him that I will complain to police about him. He said he will return this money to me later.
As you can see his nature now he is not giving me this bill. I am not even asking for damages or extra money he took from me. I just want the bill so I can get it reimbursed from my office.
Could you please tell me what course of legal action can I take besides sending a legal notice (before lodging a case in consumer court)?
Hello,
In the Consumer Protection (Amendment) Bill, 2011, introduced in the Parliament last year, it made failure to issue a bill or a cash memo, an unfair trade practice.
Under the Consumer Protection Act, a consumer has a right to be protected against unfair trade practices so he/she can complain against those who do not issue the bill, for unfair trade practice. The Amendment Bill, which is now before the Parliamentary Standing Committee, is expected to be passed in the next session of Parliament.
Hence, this is an unfair trade practice so you can approach the appropriate consumer forum.
The following person/association can file the complaint before the designated authorities:-
In the Old Act, there was no mention of the Central Authority, however, the New Act introduces the "Central Authority" in District, State and Central level, which can file consumer complaint before the jurisdictional commission after a thorough investigation in the matter.
The New Act introduces Alternative Dispute Mechanism for the speedy and effective redressal of the consumer cases.
The New Act introduces the "Online Filing" of Consumer Complaint.
Step 1 (Issuance Of Notice): Before the filing of the complaint, it is advisable for the complainant to issue a notice to the opposite party, highlighting the defects/deficiencies in the goods or services provided. If parties don't agree to come to a mutual understanding then the complainant can file a complaint before a jurisdiction authority/forum.
Step 2 (Determining the Jurisdiction): The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction.
Whereas, under old Act, the pecuniary jurisdiction was as below:
Place where the opposite party resides or if there are more than one opposite party, then the place where opposite parties reside or carry on business or personally works for gain.
Step 3 (Submission of Complaint): Complaint can be submitted in the form of Writing or through Online.
Step 4 : (Contents of the Complaint): Complaint should contain the following information
Step 5 (Limitation for filing Complaint/Appeal): The Complaint before the District Commission needs to be filed within the 2 years from the date of dispute. Further, appeal before State Commission to be filed within45 days from the date of order of District Commission. Further, appeal to the National Commission should be made within 30 days from the date of receipt of the order from the lower forum.
Step 6 (Court Fees): The Court fees have to be paid in the form of Demand Draft, in respect of the Registrar of respective Commissions. In respect of the National Commission, the appellant has to make the Demand Draft of Rupees 5,000/-.
Thank you
This is pure case of cheating and hooliganism. I even found this is the story of most of the packers and movers. Please get an FIR registered against them else they will do this to every one and also if possible have your review on them in net.
Originally posted by : Pradipta Nath | ||
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This is pure case of cheating and hooliganism. I even found this is the story of most of the packers and movers. Please get an FIR registered against them else they will do this to every one and also if possible have your review on them in net. | ![]() |
I have moved to Kolkata and movers/packers firm is located in Siliguri, will it be possible to file a FIR in Kolkata as police might push me to file it in Siliguri or not register a FIR all as for them this might be a trivial issue.
You can file in kolkata as well. Either way you may register private complaint before the magistrate.
Well analysed, opined and advised by experts, I agree and nothing left to be added.