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Consumer law is designed to protect the rights of a consumer from being breached by a trader/ manufacturer. With the advent of time, consumer law has developed as a body of rights in order to protect the consumer from unfair practices, dishonest claims and unjust tactics used by the producer of goods and services. Consumer law prevents consumers from being defrauded and cheated and ensures that fair trade practices prevail in the markets. Our consumer lawyers in Dehradun handle a wide range of consumer litigation fields such as product liability, consumer fraud, false advertising, scams, and matters of delayed possession, deficiency in services, or incompletion of the promised product/ project/ services. The essence of our consumer law practice in Dehradun is to ensure that a consumer is not made to suffer an illegal loss at the hands of a trader/ manufacturer. At the same time, we defend an honest trader/ manufacturer against an unjustified claim made by a consumer.
B&B Associates brings both experience and excellence when it gets to consumer litigation matters. There are various stages involved in a consumer dispute proceeding and we have the expertise to efficiently deal with every stage:
Before instituting a complaint, it is mandatory that a consumer serves notice upon the seller demanding a redressal. Only after the notice is refused/ not complied with, there emerges a right with the complainant to approach the consumer forum for redressal of the dispute. As much as B&B Associates LLP is renowned for quality litigation, the firm is as equally renowned for minimizing litigation in the society. Our lawyers genuinely try hard to help consumers and sellers achieve a fair redressal at an early stage of notice. Our expert consumer lawyers ensure that a consumer notice/ reply to a consumer notice is drafted in a rational, logical and judicious manner, and sufficient attention is paid towards minute details which highlight the issue and covering all essential points.
Request sample of consumer legal notice sample here.
Drafting of Consumer Complaint:
The second stage in a consumer dispute is the drafting of a consumer complaint. Our consumer dispute lawyers diligently work on the list of dates and lay out facts which best justify the merits and claim of the client. Consumer dispute lawyers of B&B prefer a direct approach and prepare a consumer complaint draft which is straight on point and is backed by sufficient logic and legal reasoning.
Compiling annexures in support:
After a complaint is drafted, true copies of all relevant documents which justify the claim of the complainant are attached including bank statements, if any, receipts and communication etc.
Preparation of Affidavit:
The contents of the complaint are sworn by the complainant by way of an Affidavit.
Determining the right Jurisdiction for a Consumer Complaint:
Jurisdiction of Consumer Compliant is determined by both territorial and pecuniary aspects:
Territorial Jurisdiction of a consumer complaint:
The place where Cause of action arises is the chief determinant of jurisdiction in a consumer complaint matter. In case it is difficult to establish “where” the cause of action has arisen, the place where a subsequent cause of action has arisen can be taken into consideration. Territorial jurisdiction can also be determined by the subject matter of the suit if it is immovable property. There can also be a pre-recorded agreement on jurisdiction in case of a dispute. Also, an agent/ agency/ dealers/ franchisee extends the ambit of jurisdiction against the company.
Pecuniary Jurisdiction of a consumer complaint:
The Consumer Protection Act, 1986 is a standout amongst other important legislations endorsed for the benefit of the consumers and has become a remedy for consumers throughout the nation and. The act circles around the complaint, the complainant, defects in goods, removal of the defects, replacement of goods etc. Thus, protecting the interests of a consumer. The act structures a three-tier system for redressal of the disputes District Forum, the State Commission and the National Commission for the redressal of grievances of consumers.
The Consumer Protection Act 1986 is the Magna Carta for consumer protection. It is well drafted and the definitions are held strongly. The definition of Consumer under Section 2(1)(d) gives the act a wide scope of applicability:
Therefore, buying goods for commercial purpose does not make one qualify as a consumer under the act.
India has adopted a simple and specific route for redressal of consumer disputes which is laid down under the Consumer Protection Act, 1986. This legislation provides a platform for protecting consumers against exploitation, for the hearing of complaints, and for settlement/ compensation. The Act stipulates the responsibilities of goods and services provider. To speed up the redressal process, the Act envisages creation of quasi-judicial bodies at district, state as well as national level. The consumer is entitled to protection against dangerous, dishonest and unfair practices. While, at the same time, goods and services provider has a right to a just and fair trial. Our consumer disputes lawyers in Dehradun deal in cases of consumers as well as that of services and goods provider.
The lawyers dealing in consumer dispute matters must also bear a clear and deep-rooted understanding of:
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.
Maina Devi Bairalia Vs. Life Insurance Corporation
NCDRC Delhi Year : 1993
Skypak Couriers Pvt Ltd Vs. C. E. R. S.
NCDRC Delhi Year : 1992
Presidency Post Master Vs. U Shanker Rao
NCDRC Delhi Year : 1993
Indian Oil Corporation Ltd Vs. V Venkataraman
NCDRC Delhi Year : 1992
S P Dhavaskar Vs. Housing Commissioner Karnataka Housing Board
NCDRC Delhi Year : 1995
Nivrutti G More Vs. Vinayak Deshmukh
Bombay High Court Year : 1994
Poonam Verma Vs. Ashwin Patel & Ors
Supreme Court of India Year : 1996
Chairman, Board of Examinations, Madras Vs. Mohideen Abdul Kader
NCDRC Delhi Year : 1996
Ambrish Kumar Shukla & Ors. Vs Ferrous Infrastructure Pvt. Ltd.
NCDRC Delhi Year : 2016
Recent Landmark Judgements