Legal action to be taken against a company in case of where the company is liable for faults in goods or services

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In consumer court, a consumer can plead for himself/herself; means an individual does not need to hire a lawyer.
But an individual should be well versed with Consumers Protection Act 1986
and The Consumer Protection Bill, 2018
Above two are very important for an individual, in order to defend your case against the beauty product company.
A consumer is called ‘the king’ who controls the market. Although, a lot of businesses get involved in trade malpractices and sell fake or substandard products, or provide services at an inferior quality in order to cut costs and earn more profits. It is the consumer that ultimately suffers by paying hefty prices for defective goods, or faulty services.
But, a consumer has been given the right to hold the manufacturer, seller or service provider liable for such faults goods or services. A consumer has various options to raise their claim with the company about their defective product. The first and foremost thing to do is to inform the company about their faulty goods or services to gather if the company is willing to refund or repair the loss suffered by replacing the product or returning the money.
Generally, customer services of the company resolve any consumer complaints. But, if the trader refuses or neglects to address the consumer’s problems, then the consumer can file a case in consumer court against the company. Here’s the complete guide on how to file a case in consumer court in India:
Important points related to definition of Consumer:-
Consumer- A person is a consumer if he fulfills the following conditions:
a) The person has purchased goods or availed some services in exchange for some value, i.e. he has paid money.
b) The person must have bought the goods for personal use, and not for resale or commercial purposes.
Any registered association under the Companies Act, 1956 (old companies) now companies are registered under Companies Act 2013, or under any other law.
The Central or the State Government.
One or more consumers who have the same interest.
Steps file a case in consumer court:-
Then an individual has to follow the following steps to file a suit in consumer court:-
Get the Consumer Complaint Drafted: The first step to file a case in Consumer Court is to get your complaint drafted. It is always effective to hire a consumer court lawyer to draft and file a consumer case as a complaint has to filed in the correct consumer court which has the jurisdiction to deal with a case. With regards to drafting, a complaint must state:
i) Important facts to establish that some harm has been caused due to such faulty service or goods.
ii) Name, description and address of the consumer and the company/ person against whom the complaint is filed.
iii) The relief/compensation claimed.
Attach relevant Documents: Copies of relevant documents that support your case in consumer court are important. These documents include:
1) A copy of the bill of the goods bought.
2) Warranty/ Guarantee certificates.
3) A copy of the written complaint and notice sent to the manufacturer/ seller.
Pay requisite Court Fees: A prescribed fee is required to be paid along with the complaint filed in the District Forum, State Commission, and National Commission. The court fee depends upon the value of goods bought and the amount of compensation sought.
Submit an Affidavit: The person who wants to file a case in consumer court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
A case in consumer court must be filed within 2 years from the date of grievance. The court does not entertain a consumer complaint if it is filed after completion of 2 years. However, if the consumer is able to provide a reasonable cause for the delay (condonation of delay), the court may accept the complaint.
It is important for the consumer to be educated about the process to file a case in consumer court in this competitive market where sellers are stampeding over the trade norms and standards to be on top. It is important that an individual follow the correct legal procedure to file a case in consumer court so that an individual are able to claim compensation for faulty goods and services.

An individual can file and present your case on your own in a consumer court, but first understand the complete legal procedure and formalities required to be completed to file a case in consumer court.

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