Anonymous
Asked September 21, 2016

Consumer case against online retail portal

  • 1 Answer
  • 173 Views

Hi, I had ordered one mobile through Quikr and when it got delivered to me, there was a detergent bar in the package. I immediately raised this concern with Quikr , they told me they will look into it. Next day, I got another call from courier guy, saying my package has arrived. So, I think the first package was a fake one but it had all my details, like order id, address, telephone number , printed on the front. I am suspecting Courier is at fault but since my transaction is with Quikr, Can I file a case against them in Consumer court. They have refused to refund by the way..

Answer 1

Default avatar
Saurabh Kumar

Yes, you can file a case against a consumer company.

 

There have been cases in the recent past, wherein a consumer company was forced to compensate their clients for clear and obvious negligence in delivering packages on time. The court held unambiguously that terms and conditions of using the services of the courier company could not be excused and had to provide reasonable compensation to the consumer/aggrieved party[1].

 

You can lodge a complaint in a consumer court by-

 

STEP 1:   At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.

The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind before filing his complaint and has to choose the correct forum.

Territorial Jurisdiction of the Consumer Forums :-

A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—

a)  the opposite party resides or caries on business or has a branch office or personally works for gain, or

b)   If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,

Provided that in such case the permission of either District Forum, State Commission or National Commission as the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch office or personally works for gain as the case may be, must be obtained , or

c)  the cause of action arose.

PECUNIARY JURISDICTION OF CONSUMER FORUM

 

1-District Forum- Upto Rs. 20 Lakhs

2- State Commission-Rs. 20 Lakhs to Rs. 1 Crores

3-National Commission-Exceeding Rs. 1 Crores

Step 2:  You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.

Step 3:   Then you have to draft your complaint stating facts necessary to establish a cause of action.

Step 4:   At the end of the complaint you have to put your signatures. In case any other person is authorised to file the complaint then complaint has to be accompanied with authorisation letter.

Step 5:   Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

Step 6:   Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.

Step 7:  You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.

Step 8:   Explain in your complaint as to how the case falls within the jurisdiction of this forum.

Step 9:   Complaint must clearly state as to what relief is sought against the opposite party.

Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.

Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.

Step 12: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.

 

[1] Rana Document Centre V. Pawan Kumar Goyal.

Agree Comment 0 Agrees about 4 years ago

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