Unfair trade risking public


This is regarding a medical equipment. Ordered from an e-commerce site. Now as per Medical Associations there is a set standards which should be followed, but the received product doesn't met any of the standards.
On asking the E-Commerce helpdesk, first they refused as "no return and no exchange" policy due to COVID. But later agreed to refund the full amount paid by me.
The issue of wrong publicity and unfair trade practice is still active on their end. Can I file consumer complaint on this ground alone? Can a case of copyright and risking life of public be also filed in Civil/Criminal Court?
My concern is public safety as a whole.

 
Reply   
 
Advocate

yes you can file a case against them and also send a complaint to IMC too and too WHO

 
Reply   
 


Retired employee.

I am afraid that there is no consideration, as you have secured a refund. and District Forum may not admit the complaint. 

 
Reply   
 
Advocate

I think that this is a fit case for lodging a police complaint. The company or the supplier who has put the product on sale on E platform are answerable for non compliance with the standards prescribed for the product, thereby violating the standards prescribed by IMA.


Total likes : 1 times

 
Reply   
 

Originally posted by : Sankaranarayanan
yes you can file a case against them and also send a complaint to IMC too and too WHO

Sir,

Which Court? Consumer Court or Civil Court or Criminal Complaint or a PIL in High Court.

As I have done some more research, there are few other online and offline platforms which are doing this.

 
Reply   
 
Advocate

If you  are not willing to accept the refund of cost of the product then you may decide to approach consumer forum, however you have to decide about what relief that you seek by approaching the legal forum.

You found that the product is sub-standard, then as an individual buyer you may make a complaint to the supplier about this and get a replacement of the proper product which conforms the standards set out for this product as per rules.

As a matter of fact the company is ready to refund the cost, then you may not have a chance or a reason to approach court also in this regard.

If it is a general complaint about the fraud played by the company by selling the sub standard product with false and fake advertisement  to promote their sales, then you may have to find out similar buyers who were victimised by this company, which would  be a difficult process since it is a ecommerce purchase.

Then also you have to file a PIL only against the company for selling the substandard products and pray for abandoning the company until it rectifies the defects pointed out. 

Therefore as per your contents, neither a complaint before the consumer forum nor a lawsuit before a civil court would be maintainable.

 


Total likes : 1 times

 
Reply   
 
Lawyer

Originally posted by : Barbossa
This is regarding a medical equipment. Ordered from an e-commerce site. Now as per Medical Associations there is a set standards which should be followed, but the received product doesn't met any of the standards.
On asking the E-Commerce helpdesk, first they refused as "no return and no exchange" policy due to COVID. But later agreed to refund the full amount paid by me.
The issue of wrong publicity and unfair trade practice is still active on their end. Can I file consumer complaint on this ground alone? Can a case of copyright and risking life of public be also filed in Civil/Criminal Court?
My concern is public safety as a whole.

You should file a consumer dispute before appropriate commission if it is not a fabricated post.

What is infringement of copyright ?

What else is there in your mind, discuss with your professor / guide / tutor as this platform is meant for needy litigants.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x