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Consumer Complaint

 When we buy a product from the market we must be aware of consumer rights and what to do in case the seller gives us a defective product or indulges in fraud. The law that safeguards the rights of consumers and provides justice to them is Consumer Protection Act, 1986. It was then amended to Consumer Protection Amendment Act, 2002. 

What is Consumer Protection?

 We are all consumers in our day-to-day lives. We enter into several transactions in a day while being a consumer. At some point, there happen to be some goods which are not pure, services not up to the mark, extra charges for a below the mark product, etc. Sometimes, facts are concealed regarding the raw material used in a product to promote sales. In all such cases, consumer rights are being hampered because when you are paying for something, you should know what you are buying and must be served as promised in ideal terms. Consumer protection laws are introduced to safeguard all likely interests of the consumers and give them the pathway to proceed legally while protecting their rights.
 

Consumer Complaint

 

  •  When we buy a product from the market we must be aware of consumer rights and what to do in case the seller gives us a defective product or indulges in fraud. The law that safeguards the rights of consumers and provides justice to them is Consumer Protection Act, 1986. It was then amended to Consumer Protection Amendment Act, 2002. 

Main objectives of the Act

 

The main objective of Consumer Protection Act is to provide a platform to consumers where they can lodge complaints and settle disputes, at the same time, protect the rights of the consumers.


The Act aims to:


  • Discourage the marketing of goods that are hazardous to life or in any form and safeguard consumers from it.
  • Inform consumers about purity, quality, standard, quantity, potency, and price of goods so that the consumer does not fall in the trap of unfair trade practices.
  • Hear consumers’ complaints and assure them that their rights will be protected.
  • Seek redressal against fraud practices or consumer exploitation by mean marketers.
  • Educate consumers about their rights, the law, and how to judge the quality of products.

Situations when a consumer can file a complaint under the Consumer Protection Act:

 

  • When a product/service provider indulges in unfair trade practices
  • When the goods bought from a trader is defective
  • When the service taken or agreed to be taken is deficient in any aspect
  • When a product/service provider has charged a price higher than that mentioned on the label (MRP), or exhibited by him/her under any law in the current time, or agreed by both parties (buyer and seller)
  • When a product/service provider sells goods/services that are hazardous to health, life, or general safety of the public and/or environment

False Advertising

 There are various advertising laws in India that govern advertisements in print and online, social media, television, and other sources. 

ASCI (Advertising Standards Council of India) is one such governing body. This is a voluntary and non-statutory body established in 1985 with the aim to safeguard the interests of Indian consumers through self-regulation in various forms of advertisements.

The body has created an ASCI Code, also called Code of Ethics for Advertising in India, which is not mandatory to follow, but companies can voluntarily follow them to maintain a decorum in advertising. 

 

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Other laws that governing advertising in India include: 

  • Consumer Protection Act, 2019
  • Cigarettes and other Tobacco Products Act, 2003
  • Cable Television Networks Act, 1995
  • Doordarshan/All India Radio (AIR) Advertisement Code
  • Pharmacy Act, 1948,
  • Drugs and Cosmetics Act, 1940
  • Drugs (Control) Act, 1950
  • Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
  • Prize Competitions Act, 1955
  • Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
  • Indecent Representation of Women (Prohibition) Act, 1986
  • Emblems and Names (Prevention of Improper Use) Act, 1950
  • The (Insurance Advertisements and Disclosure) Regulations, 2000, by the Insurance Regulatory Development Authority in India.

 

Kinds of false advertising

  • Mislabeling a product.
  • Not disclosing complete information, such as hiding complete list of ingredients, etc.
  • Wrong research that claims a product is beneficial in a certain manner, but in reality it does not offer the mentioned benefits.
  • Trademark Infringement and Product Disparagement in which a company tends to show their competitor’s product/service in bad light.


 

Benefits To Choose Service

If you want to file a complaint against any company for falsely advertising a product, you can contact Online Legal Center for step-by-step guidance. 

Why we

The following are the reasons to choose Online Legal Center for legal help:

  • Online Legal Center features experienced and solution-oriented lawyers who will help to protect your rights and fight for your justice.
  • Your legal case is 100% secure and confidential.
  • Hiring a lawyer here is more affordable than other services.
  • Services are on time and response is prompt.
  • The process of hiring a lawyer is quick and easy here.
  • Online Legal Center is a government recognised service.
  • It is ISO certified.
  • The service boasts of 100% satisfaction of many customers.

 

How We Work

Get The Best Legal Help From Online Legal Center In 5 Easy Steps:

 

1

Fill the form/ WhatsApp your queries/Call an expert

 

2

 Pay the fee 

 

3

Get a call from the lawyer

 

4

Discuss your case and review your case documents

 

5

Get the best advice/solution for your legal issues


Faulty Product/Bad Service

 As per Section 2(1) of Consumer Protection Act, 2019, Deficiency of Service means, “Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes (a) any act of negligence or omission or commission by such person to the consumer and (b) deliberate withholding of relevant information by such person to the consumer.” 

 

One of the prominent features of the Act is the product liability concept, which is introduced only recently when the Indian Ministry of Consumer Affairs, Food and Public Distribution created the new Consumer Protection Act, 2019 by replacing almost the whole Consumer Protection Act, 1986.

When you find that a service by a company is not upto the mark as claimed by them, you can file a complaint under Consumer Protection Act, 2019. The criterion for filing a complaint is that the matter must fall in the definition of service as quoted in the law and the deficiency must be as per stated in the Consumer Protection Act.

 

Benefits To Choose Service

Online Legal Center offers legal assistance to file a complaint in case of faulty or defective product or deficiency of service under the Consumer Protection Act, 2019. Simply contact one of the lawyers at the Center and do as per their legal guidance.  

Medical Negligence

 

Medical negligence or medical malpractice is when a doctor fails to provide care and treatment to the patient as per the standards of medical practice and because of which the patient suffers harm or even death.

Medical negligence cases can be dealt under the Civil law, tort, Criminal law, or Consumer Protection Act, or even Indian Contracts Act. It depends on the nature of the case.

Kinds of Medical Negligence

  • Wrong diagnoses
  • Delayed diagnoses
  • Wrong surgery or some error in the process of surgery
  • Unnecessary surgery
  • Faulty administration of anesthesia
  • Malpractices in childbirth and labor, such as not giving proper care to the mother, mishandling a difficult birth case, issues in induced labor, wrong or missed diagnosis of newborn medical condition, etc.
  • Negligence in long-term treatment

Essentials in a Medical Negligence Case

  • There should be a doctor-patient relationship, in which the doctor (defendant) owes a duty of care to the patient (plaintiff).
  • The defendant should have done a breach of duty as per law.
  • The plaintiff suffered injuries or damage as a result of that breach.

Online Fraud

 

 Online fraud cases are common these days. Most of the frauds are done to extort money or to harm the reputation of a person. This is a cyber crime and can also come under the consumer protection act, especially if you are shopping online and a company gives you a defective product. 

 The Government of India has provided Indian citizens a portal to lodge complaint for online frauds. The portal is National Cyber Crime Reporting Portal. It comes under the Ministry of Home Affairs and is operated by the Indian Cyber Crime Coordination Center. 

Refund Related Matters

 

  Ecommerce is trending these days and millions of people buy online. However, even the most reputable ecommerce sites may sometimes not provide refund or replacement of products after their customers complain of receiving damaged or wrong product.  In this case, you must raise this issue with the customer support of the company. If your matter is not solved, then you must file a complaint at the consumer forum or the online portal. 

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