People have filed cases in consumer forums for complaint in Air Conditioners. In 2011-12 all imports that were made / or most of the Air Conditioners sold were defective. The gas would leak in few days.
After the consumers filed cases they were given long dates. Much after the onset of summers. meaning they could not afford to wait or live without Air conditioners.
Instead of holding that since the Air Conditioner stopped working in the first month itself and hence the company should repay the price along with compensation the forums keep giving dates after dates. What are they trying to prove to the scared public of this nation. The consumer forums think that they can fool the public with dates. Here is a run down of how the consumers should present their cases and ask for a decision on the first date itself.
While filing the complaint in the consumer forum, file an affidavit as well. State in the complaint that you are filing the written arguments in the complaint itself. Say that you do not want to file the recjoinder or affidavit by way of evidence and that you want the decision on the first date after hearing the Opposite party.
Why and how the above is correct.
Most of the Big Brands have computerized call centres.
As per CPC the person who is supposed to keep records in the usual course of business should be asked to produce the same. So on the first date the manufacturer is supposed to provide all the relevant papers including the job cards etc. There is no provision for hide and seek in the consumer protection act. The implementation of the consumer protection act is flawed and ill conceived.
If you have given one or two of the complaint details and the OP has admitted to having received the complaints there is nothing more that a consumer can be asked to prove.
The way the CPA is implemented shows a nexus between various parties who are entrusted with the same.
In most of the cases I find that the main facts alleged in the consumer complaint are admitted in the Written Statement. In such a case there should not be any requirement for the replication/ rejoinder, affidavits, written arguments etc.
One can infer a vicious nexus in the powers that be, for such a faulty system.
Consumer Protection Act provides that in case of recurring complaints the fourm can give judgement instructing the OP not to repeat the same in future. In case there is defect in the ittem sold in a particular way, the same should be effectively dealt with in a timely manner.
In the above case if the Air Conditioner has failed - the consumer has suffered the following losses -
Heat of summers for no fault of his - Rs. 50000/- for this.
Excessive electricity bills worth Rs. 25000/- without getting any cooling. Whether the Air conditioner cools or not the electricity bill will be same.
Legal costs - Rs. 10000/-
Mental Torture or harassment - Rs. 25000/-.
Keeping in view the increase in the cost of living the above compensation is on the lower side.
In case the Consumer Forums keep on passing orders for insignificant amounts one should consider boycotting the consumer forums.
The funniest part of the Judicial System is that - Advocates, Judiciary every one can go on strike for non existing complaints.
But litigants who were promised faster and effective judicial system can not go on strike and boy cot the Judicial System.
I am sorry for being impatient and incoherent while writing this article. I am so frustated with the system, that I can not keep things to myself. It starts pouring out and becomes beyond control.
After the consumers filed cases they were given long dates. Much after the onset of summers. meaning they could not afford to wait or live without Air conditioners.
Instead of holding that since the Air Conditioner stopped working in the first month itself and hence the company should repay the price along with compensation the forums keep giving dates after dates. What are they trying to prove to the scared public of this nation. The consumer forums think that they can fool the public with dates. Here is a run down of how the consumers should present their cases and ask for a decision on the first date itself.
While filing the complaint in the consumer forum, file an affidavit as well. State in the complaint that you are filing the written arguments in the complaint itself. Say that you do not want to file the recjoinder or affidavit by way of evidence and that you want the decision on the first date after hearing the Opposite party.
Why and how the above is correct.
Most of the Big Brands have computerized call centres.
As per CPC the person who is supposed to keep records in the usual course of business should be asked to produce the same. So on the first date the manufacturer is supposed to provide all the relevant papers including the job cards etc. There is no provision for hide and seek in the consumer protection act. The implementation of the consumer protection act is flawed and ill conceived.
If you have given one or two of the complaint details and the OP has admitted to having received the complaints there is nothing more that a consumer can be asked to prove.
The way the CPA is implemented shows a nexus between various parties who are entrusted with the same.
In most of the cases I find that the main facts alleged in the consumer complaint are admitted in the Written Statement. In such a case there should not be any requirement for the replication/ rejoinder, affidavits, written arguments etc.
One can infer a vicious nexus in the powers that be, for such a faulty system.
Consumer Protection Act provides that in case of recurring complaints the fourm can give judgement instructing the OP not to repeat the same in future. In case there is defect in the ittem sold in a particular way, the same should be effectively dealt with in a timely manner.
In the above case if the Air Conditioner has failed - the consumer has suffered the following losses -
Heat of summers for no fault of his - Rs. 50000/- for this.
Excessive electricity bills worth Rs. 25000/- without getting any cooling. Whether the Air conditioner cools or not the electricity bill will be same.
Legal costs - Rs. 10000/-
Mental Torture or harassment - Rs. 25000/-.
Keeping in view the increase in the cost of living the above compensation is on the lower side.
In case the Consumer Forums keep on passing orders for insignificant amounts one should consider boycotting the consumer forums.
The funniest part of the Judicial System is that - Advocates, Judiciary every one can go on strike for non existing complaints.
But litigants who were promised faster and effective judicial system can not go on strike and boy cot the Judicial System.
I am sorry for being impatient and incoherent while writing this article. I am so frustated with the system, that I can not keep things to myself. It starts pouring out and becomes beyond control.
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