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What is Consumer Complaint under Consumer Protection Act?

The Consumer Protection Act 2019 was passed after a recent amendment in 2019. Under this particular Act, the term Consumer is characterized as an individual who purchases any products and recruits or benefits of any service for payback (cash or kind) however does not include a person who obtains goods for resale or goods or service for any commercial purpose.

Nowadays the e-commerce fraud has been increased and in this new Act the terms “e-commerce” and “electronic service provider” have been introduced. The term “e-commerce” implies buying or selling of goods or services including digital products over a digital or electronic network.

Section 94 of the Act alludes to the counteraction of biased trade practices in e-commerce and direct selling. It also deals with the safeguard of interest and consumer rights.

A legal notice under section 80 of the Consumer Protection Act, 2019 is sent to the company or person who was the service provider or seller or manufacturer of the goods for deficiency in service or unfair trade practice. They have been provided the time of 15 working days to reply or to provide you the resolution or refund of your hard earned money. If they will not provide you the remedy within 15 working days the petition is drafted by us and with the appropriate court fees the same will be filed in the nearest district consumer court in your jurisdiction.

You need to pay one-time fees in your case which includes the advocate fees, fees for legal advice, fees for legal notice and petition in your case.

CONSUMER COMPLAINT

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Strict Penalty for False and Misleading Advertisement

The term “Misleading Advertisement” means an advertisement that falsely describes the product or service which gives some false guarantee and misleads the consumer to the natural substance, quantity, or quality of the product, service. It would constitute an unfair trade practice and it shall include information that is concealed deliberately.

The supreme court of India allowed legal summons and notices to be served by messaging application such as whatsapp, telegram, or by email and fax, because of coronavirus pandemic. The apex court noted that two blue ticks on whatsapp would communicate that the reader had taken note of the notice. The top court said that if the blue ticks do not show, the summons or notice might be delivered by email.

Dishonour of Cheque

As per the section 138 of the Act, the discredit of cheque is a criminal offence and therefore punishable by imprisonment up to 2 years or with financial punishment or with both. If the beneficiary decides to proceed with legal measurements, then the drawer needs to be provided a chance of repaying the cheque amount as soon as possible.

Section 138 of the Negotiable Instruments Act provides that when the cheque is dishonoured for insufficiency of funds or for any of the prescribed reasons, the one who is at defaulter can be punished with imprisonment for a term which may stretch out to 2 years or with fine which may extend to double the amount of the cheque or both.It is a bailable offence you have to give a bail application through your lawyer and have to give security as per the orders of the judicial magistrate.

Notice:

The check ought to be returned because of deficiency in fund. The notification ought to be allowed within 30 days of check bounce. In case the drawer has neglected to make the payment within 15 days of Cheque Bounce notice; legal action can be initiated against him within 30 days.

Applicable Court Fees

If the value of cheque is up to Rs. 1,00,000/- (one lakh) : Court fee is 5% if the amount of the dishonoured cheque, subject to a minimum of Rs.200/- (two hundred) only.

Court fee is minimum of Rs. 5000/- (five thousand) only and 4% of the cheque amount in excess of Rs. 1,00,000/- (one lakh) only.

Court fee is minimum of Rs. 21,000/- (twenty one thousand) only and 3% of the cheque amount in excess of Rs. 5,00,000/- (five lakhs) only, But court fee is subject to be a maximum of Rs. 1,50,000/- (one lakh fifty thousand) only


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