The Consumer Protection act gives consumers the right to file a case against a vendor if they are not satisfied with the services provided or if the product or service is deficient. This post https://mouthshut.com/diary/jhdhuoomo/Know-your-rightsfiling-a-consumer-forum-case has more details on how to file a consumer forum case.
But before you file a case, as per the law, you are required to serve a notice to the party and ask him to rectify the deficiency within a reasonable period of time. This notice is mandatory and you need to maintain evidence of sending the notice. Register post acknowledgement or courier delivery receipt. The format of the notice is reproduced below for anyone who needs it (I have used this notice effectively to deal with errant firms, in one case the notice was enough to make the firm's representative come running to my house with a flower bouquet, an apology and the product which they had failed to deliver)
Name and address
……………………………………………………………………………..……….……..
(of the trader, dealer, firm, company, etc)
………………………………………………………………………………….…….……
(Complete address)
IN RE: (Mention the goods/ services complained of giving details)
……………………………………………………………………………………….……
Dear Sir,
This is to bring to your kind notice that I had purchased ……………………..……... from your ……………. For a consideration of Rs……………………………..paid in cash vide your cash memo/ Receipt/ Invoice No…………………………….…(or through cheque No……………….……..) dated………………drawn on ……………….………….bank for a sum of Rs………………..
The said goods are suffering form the following defects:-
(i)……………………………….
(ii)………………………………etc.
I have reported the above matter to you several times (give reference of earlier letters, if any) but despite all my pleadings you have not made good the defect in the goods (or deficiency in services) which is indeed regrettable and highly unbusiness like. On account of your aforesaid dereliction of duty and failure and neglect to rectify the same I have suffered losses/ incurred expenses…………………………………………………………………
(give details)
which you are liable to compensate to me.
You are hereby finally called upon to
• remove the said defects in the goods
and /or
• replace the goods with new goods
and /or
• return the price / charges paid
(iv) pay compensation for financial loss/ injury/interest suffered due to your negligence…………………..
(give details)
in the sum of Rs…………………..with interest @…………………………………….% per annum within …………………………days of the receipt of this notice failing which I shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences which please note.
Place …………………. …………………………
Dated…………………. (Signature)
