Quality and warranty issues with a consumer durable product

Sorry for the delayed response as I was not in Town. You can file a consumer dispute in the consumer disputes redressal forum (CDRF) at Trichy. Write out a petition starting with who you are and who the opposite party is. Op 1 should be the manufacturer of the machine and Op2 should be the dealer who sold it to you. You will be the complainant. Write out a gist of the incident in chronological order,from start till date. Then make a detailed complaint copy ie. Starting from purchase till date what all happened in logical paragraphs. Write that as op1/2 have acted in unision to dupe the consumer, both are answerable to this hon’ble forum. Both have commited an offence u/s 2(1)(f, g, o) of the consumer protection act as amended. You will have to include a paragraph on what hardships you went through due to the defect and how you got harassed running after the op1/2. Conclude that it is clear that the machine is not within the powers of op1/2 to put to working order and therefore they are avoiding to set it right. Machine therefore needs to be replaced forthwith or the amount should be refunded with interest @ 18% pa till paid and compensation for mental harassment. Write that you are a consumer as defined u/s 2(1)(d) of the CPA as amended. That the OP1/2 have indivicually, jointly and severally committed an offence u/s 2(1)f, g, o of the CPA. At the end of it write that you purchased the machine at Trichy, you were delivered the machine and Trichy for use at Trichy. Therefore the territorial jurisdiction of the CDRF at Trichy is attracted and this hon’ble forum has the jurisdiction to try this case. The machine was purchased on……..the complaint arose on……..the op1/2 promised redressal on……….The op1/2 failed to execute the promise on……..current date……therefore the complaint is not time barred. A paragraph stating that you have not filed any other complaint on this matter before any courts or tribunal or quasi-judicial authority. Attach a demand draft for Rs.200/- payable to President, Consumer Disputes Redressal Forum,Trichy. Include a paragraph of this here. Proceed to write the prayers : That this Hon’ble Forum be pleased to direct the op1/2 individually, jointly and severally to replace the machine forthwith or refund the cost of the defective machine i.e Rs……….with interest 18% pa till paid. That this hon…………..to direct the op1/2…..to pay to the complainant a sum of Rs.25000/- towards liquidated damages. That this...hon……forum…….direct the op1/2…..to pay to the complainant Rs.25000/- towards mental harassment arising due to non-functioning of the machine. That Rs.5000/- be allowed as cost of this complaint and OP1/2 be directed to pay those to the complainant. That this hon……direct op1/2 to pay all the above amounts with interest @ 18pa till paid. Any other relief befitting facts and circumstances of this case. Attach to the complaint as exhibits : Purchase bill copy Warrantee card copy and any documentation manual that came withit. Copies of all correspondence List of dates of your personal/telephonic interactions Number all exhibits and make a list. You have to make and affidavit on plain paper and attaché it to the complaint at the end. This affidavit will be signed before the Registrar at the Forum while presenting the complaint. Make a full compilation of everything starting with index, gist of complaint, detailed complaint copy, affidavit, list of exhibits, all exhibits. Make six copies on plain ledger papers. One copy for you, one for each OP, 3 for the forum. After you file the papers with Registrar at the forum, you will be given a date for its admission. Appear on that day before the bench and explain in short the matter. If the complaint is admitted, send one copy each of the full compilation to each OP under cover of the notice for each op. Notice will be handed over to you by the forum if complaint is admitted. Procudures differ slightly in different states, but largely they are on above lines. Above advise may please be checked with a lawyer if your wish. It is just a friendly guidance to be accepted if you wish to, free of cost. more  

You can and should file a case in the consumer forum under section 12R fir the Highest Disregard in Service in Deliberation.You need not hire a lawyer for this,Attach copies of bill ,correspondences etc. and before filing send them a speed post ,email notice to seller,manufacturer,dealer stating Final Notice before filing the cdase in the Consumer Court under sec.12R,mentioning your problem,non bother shown and state that the amount paid to be refunded,plus additional compensation for causing mental tension and agony{5 times the purchase amount}pplus all charges to occur and occured also payable by the seller,manufacturer,service department.Please send this notice to all . And attach the same in case they do not revert in your court complaint. You will be refunded the amount. more  

Mr Jay Greetings ! As per the Consumer Protection Act (Section 24A) You have TWO years from the Date of Cause of Action to file a Complaint before the appropriate Consumer Court, which in Your case will be (in all probability) Your District Consumer Court. Do you know its address and location ???? First thing, I suggest, is to GET READY to write a comprehensive letter to the Manufacturer (in Mumbai) with Copy to the Dealer and Retailer / Seller (Local -- in Trichy!). Therefore, Please Collect ALL documents (never mind the shortfall or deficiencies in this regard!) Already available with you in Hard-Copy PLUS Please Obtain Print-Outs of Anything that you have in Soft Copies in this regard. Thereafter, PLEASE Arrange All these Documents Date-wise. Thereupon, Recall and write down different dates on which you had Telephonic-conversation with a very brief noting in respect of (i) with whom; (ii) very brief summary of what was spoken about and what was decided upon during that particular conversation. These should include any visit that you might have made to the seller / retailer and/or any visit made by them. After this, Please prepare a combined List of Dates comprised of Documents + Print-Outs + (Dates of) Conversations and Visits. After this Prepare a Comprehensive Letter to the Manufacturer / Seller (in Mumbai) with Copy to their Authorised Agent / Dealer in Trichy and Copy also to the Retailer /Shop (to whom you had paid the money i.e. from where you had bought the air-cooler. In this letter give them NOTICE to change the air-cooler within 15 days of receipt of the letter or else you’d be compelled to buy another air-cooler since the summer-season has already started and that you continue to suffer on account of deficiency in the ‘goods’ sold by them and ‘service’ that was expected to go along with it. This letter should be send by Speed-Post (possibly with A/D). In any event a Print-Out of the Tracking Report of the Speed-Post is to be obtained and retained and such dates entered in the earlier prepared List of Dates. Allowing for 15 days, Give the same Addressees a short one-page letter informing them that in the event no satisfactory solution to the problem created by them you’d move the appropriate Consumer Court and at their cost and compensation at that. I’m almost sure that your matter would get resolved before reaching this stage. Should it not THEN Prepare a Complaint and file with the District Court (on account pecuniary limits prescribed in the Act). Along with the Complaint you need to provide the List of Dates PLUS photo-copies of most salient documents available with you. Who will be Your Opponents (Opposite Parties or Respondents)?? I think, in this case, Your OP # 1 would be the Retailer / Seller; OP # 2 would be the Local Agent / Dealer and OP # 3 would be the Manufacturer (in Mumbai). Just ahead of Preparing the Complaint PLEASE BUY one copy of the Latest Version of the Consumer Protection Act, 1986 (only the BARE ACT {quite inexpensive} which of course short Notes as well with regard to its various sections !). Most District Consumer Courts have their formatted Complaint Form. One could use this as well by way supplementing with additional pages, if required In any event, Your Complaint can also be on Plain White Sheet (even A4 size). Above step-by-step narration is to enable YOU to approach the Consumer Court in Person and without a Lawyer etc. The Consumer Act specifically provides for this ! I’m not a lawyer. In fact I am an Uneducated person. And I’ve been before the State Commission as well as the National Commission. I’m doubly sure that YOU are eminently suitable to take care of the nagging problem faced by you without any ado and with resounding success. Yes! It does take time, unfortunately. And for that very reason I’ve suggested to you to buy another air-cooler for this summer. Don’t worry the rogue seller / dealer / manufacturer would eventually pay you for the same with compensation and costs. Should you have further queries – but only after date-wise arranging available documents + Print-Outs; and preparing the List of Dates – you may please e-mail me at tapanchatterjee40@yahoo.com Finally, you as the consumer-cum-(prospective) litigant are the MASTER OF FACTS. Hence, let us get our FACTS documented and organized!!!!!! Lawyers are supposedly Master of Law. The Litigant supplies the facts; and therefore, can easily and briefly convey the same to the Judge of the Consumer Court and also answer latter’s questions factually. YOU CAN DO IT !! CheerS !!! more  

Any item we purchase or services we take from service provider, we must know about the organisation which will help us at the time of need, e.g. TRAI or Insurance regulatory. I am also deceived by Videocon d2H and Videocon AC manufacturer, Asian Paints, Jio WiFi. These should be widely publicized so that people refrain. more  

At the time of purchasing, you may find everything OK. But always be careful to read out and understand the warranty terms, 1. Understand the local contact for service support. 2. Whether service technician will come to our place once the call is made. 3.Whether We should deliver at their service center - if this is far of, then your transport charge and time spent will be more than the value of product( Example -you may have 5 year warranty for the "Bag", but to repair for this, it is not worth going to far off repair center and collecting it) 4. Understand, Which are the parts covered under warranty.. 5.Most important is to understand which are the Parts not covered under warranty and which are the conditions not acceptable ( If moisture is there etc) You should understand all these terms at the time of Purchasing. This will help us "to be prepared " , if any problems arises. Now, If you purchase from a reputed company, they will respond properly .Company will not be willing to go to court. Many times the dealer or the local distributor may not respond , but once you take up with their HO, they will respond. Still they are not responding, take up legal action. If you buy from local company, they don't care at all. Consider product as non warranty product , even if hey promise many things. Thing is that , such Company will not be in good shape or may not exist at all. more