We live in an era where e-commerce websites such as Flipkart and Amazon have become the go-to platforms for our shopping needs. Their service is usually reliable, but there are instances where customers are faced with defective products or poor service. What can be done in such situations? Can we hold these e-commerce giants accountable? The answer is, yes.

Today, I’m going to provide you a step-by-step guide on how you can sue Amazon or Flipkart in India for faulty products or poor services.

1. Understanding Consumer Rights

Before we proceed, it is crucial to understand your rights as a consumer. Under the Consumer Protection Act, 2019, a consumer is entitled to seek redressal for unfair trade practices, defective goods or services, and overcharging, among other things. The Act includes e-commerce transactions within its ambit, thereby covering platforms like Amazon and Flipkart.

2. Contacting the E-Commerce Platform

Before taking any legal action, you must first try to resolve the issue by contacting the seller or the e-commerce platform. Both Flipkart and Amazon have customer service departments that address these types of complaints. They offer return, replacement, and refund options for defective products if you report it within the return window.

3. Filing a Complaint with Consumer Forum

If the e-commerce platform fails to address your problem, you can file a complaint with the District Consumer Disputes Redressal Commission (DCDRC). Here’s how:

• Identify the correct forum: If the value of the goods/services and the compensation claimed does not exceed INR 1 crore, the complaint can be filed with the DCDRC. For claims exceeding INR 1 crore and up to INR 10 crores, you may approach the State Consumer Disputes Redressal Commission. For claims above INR 10 crores, the complaint can be filed with the National Consumer Disputes Redressal Commission.
• Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. Make sure to attach all relevant documents, including the invoice, your communication with the seller or e-commerce platform, and any other proof.
• Submit the complaint: File the complaint with the correct consumer forum, along with the prescribed fee. The fee can be paid via postal order or demand draft.

4. Arbitration

Many e-commerce platforms have arbitration clauses in their terms and conditions. Arbitration is a form of alternative dispute resolution, where a neutral third party (arbitrator) decides the dispute. If such a clause exists, you may need to follow the arbitration procedure before approaching the consumer forum.

5. Legal Representation

While it’s possible for consumers to represent themselves at consumer forums, getting professional legal help is advisable given the complexity of the process and legal principles involved. As a consumer, you have the right to engage a lawyer to represent you.

While these legal avenues are available, it is always better to be an informed consumer. Always check reviews and seller ratings before buying products online. Know your rights and don’t hesitate to take action if you feel cheated or wronged.

The information contained in this blog post is intended to inform and is not a substitute for legal advice. If you are dealing with a specific problem related to e-commerce purchases, please consult a lawyer or legal expert.

Remember, the customer is king and the law ensures you are treated as one!

Disclaimer: This blog post provides general information and understanding of the law. It does not provide specific legal advice. Legal information is subject to change and can vary by jurisdiction.

The post Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service appeared first on LexForti .

The consumer forum was hearing an appeal against a 2016 order passed by District Consumer Disputes Redressal Forum, Trivendrum.

In the instant case, the theatre employees insisted the complainant to pay a charge of Rs. 30 for the 3D glasses, in addition to the movie ticket for a 3D film i.e., Rs. 50. The complainant carried his own 3D glasses for viewing the film, still he was asked to pay an additional charge of Rs. 30.

The complainant approached the District Consumer Forum and contended that the theatre’s act amounted to restrictive trade practices under the COPRA. The theatre officials submitted that no such request of viewing the film without purchasing the 3D glasses was brought before them.

The District Forum stated that the theatre may charge an additional amount from those who require the 3D glasses. The complainant did not consider this order and stated that it would not terminate the restrictive trade practice which is being carrying on by the several theatres and that they would continue to levy an additional charge without any hindrance.

The State Consumer Forum observed that if the theatres are allowed to charge the rent for 3D glasses, they would collect it depending upon their whims and fancies, which would result in exploitation of consumers.

The State Consumer Forum also held the compensation and punitive damages to be justified, which were imposed upon the respondent by the District Forum.

The forum also held that District Forum rightly found that the quality of 3D glasses was not proportional to the amount charged for it. The forum considered the act of providing low-quality glasses as “excessive exploitation of the consumers.”

The forum thus did not consider the appeal of respondent and held that 3D glasses are to be provided free of cost.

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The commission held that disclosing the price of carry bags at the payment counter amounts to the un-fair practice. The Commission directed to provide free carry bags to all customers if in case they printed their company logo on their carry bags.

The commission also directed the company to pay Rs 15,000 as compensation to the Complaint for collecting fees for company logo carry bags from him.

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OM PRAKASH VS. RELIANCE GENERAL INSURANCE AND ORS. AIR 2017 SC 4836

MATERIAL FACTS

The Appellant Insured Truck was stolen. The Appellant submitted the insurance claim to the Respondent Company and the fact of the fraud was verified by an investigator authorized by the company. Subsequently, the Corporate Claims Manager granted the Appellant’s amount for the aforementioned claim.
The Appellant subsequently made a range of appeals and queries to the Respondent-company requesting, inter alia, timely approval and disposition of its insurance claim, and the Respondent-company rejected the Appellant’s insurance claim, making reference to the violation of the Imminent Knowledge Condition relating to the loss/theft of the vehicle.
The appellant subsequently sent a complaint to the District Forum, the State Commission, and the National Commission. The National Commission had rejected this petition. In the present appeal, the Appellant challenged the lawfulness and validity of the aforementioned decree.

ISSUES

Whether the National Commission correctly dismissed the revision petition on the basis that, after a delay of 8 days from the incidence of theft, the Appellant filed his claim?

RULE OF LAW

Section 379 of the Indian Penal Code
Section 12 of the Consumer Protection Act, 1986

ANALYSIS

It is a universal understanding that an individual who has lost his vehicle will not go to the insurance company immediately to demand compensation. He will initially make attempts to track the vehicle. Such a claim cannot be dismissed on the basis of delay unless the justification for the delay in submitting a claim is sufficiently and satisfactorily clarified.
It is also important to acknowledge here that dismissing legitimate statements that have previously been checked and established by the investigator to be right would not be fair and rational. The delay state shall not be a refuge for the repudiation of insurance claims which have already been exhibited to be valid and true. The purpose of the Consumer Protection Act is to deliver stronger protection for consumers’ interests. It is a favorable statute worthy of egalitarian development. Although contemplating the contentions made under the Act, this meritorious purpose should not be ignored. In the case at hand, the Appellant offered coherent explanations for the 8-day delay in notifying the Respondent of the occurrence.

The Investigator had evaluated that the loss was credible and the Corporate Claims Manager authorized the compensation for the claim, which was fair and reasonable. Without taking into consideration the reason for the delay, the National Commission was not rational in dismissing the Appellant’s argument. The appeal was therefore approved and the appellant was qualified to claim compensation. Directions are given by the National Commission, the State Commission, and the District Forum were set aside.

CONCLUSION

It is completely true that the owner must instantly notify the insurer after the theft of the vehicle. This situation should not, nevertheless, preclude the settlement of legitimate cases, especially when the gap or the delay in intimating or presenting documents is due to inevitable conditions. The insurer’s determination to deny the claim has to be centered on legitimate and valid reasons. The procedural denial of claims on a solely technical basis would contribute to the deterioration of faith of insured people in the insurance sector. Such a claim cannot be dismissed on a technical basis if the explanation for the delay in making a claim is sufficiently stated.
The Respondents were therefore ordered to pay the sum with interest to the Appellant from the filing date of the petition until the payment date.

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BANK OF INDIA V. BRINDAVAN AGRO INDUSTRIES PVT. LTD. MANU/SC/0238/2020

MATERIAL FACTS

An account with the Appellant Bank was operated by M/S Brindavan Agro Industries Pvt Ltd. (respondent). The bank debited the relevant transaction costs, namely the TEV study and the service tax fees, to the consumer’s account. The penultimate request for approval was sent to the Head Office which had the appropriate authority to grant the approval for such loans of substantial value.

The consumer raised objections; however, to the deduction of transaction fees because the bank was only entitled to do so once the loan had been approved. Due to the purported delay of the bank in permitting access to credit as well as the fact that the consumer had obtained financial assistance from other banks, the consumer demanded a refund of the specified amount on the basis of losses incurred.

Again, through e-mails, he recapitulated his demand application. The access to credit was, nonetheless, granted within three months of the final revised application. When the bank’s officers confronted the customer with the demanded letter of sanction for the credit facilities, the consumer manifested the letters of sanction granted by the other banks. The consumer lodged an application that authorized the State Commission in ordering the Bank to pay the balance of the transaction costs besides the interest. However, the appeal against such an order was dismissed before the National Commission.

ISSUE

Whether the Respondent was entitled to transaction costs debited by Bank?

RULE OF LAW

Section 17 of the Consumer Protection Act, 1986

ANALYSIS

The court, therefore, observed that the decisions of the State Consumer Disputes Redressal Commission (SCDRC) and National Consumer Disputes Redressal Commission (NCDRC) endured from patent illegitimacy and that their directions were subsequently set aside. The Bank decided, however, to reimburse some amount, from the transaction costs by intimating the customer through an email but in its e-mail, the customer had not approved such an offer.
Accordingly, the Consumer was qualified to a reimbursement of the amount conveyed to the Consumer by the Bank’s decision instead of an exemption of TEV charges in its totality. The demand was to award half of all the fees, thus the total sum of the fees to be taken into account and not the fees under a specific heading. In addition, the bank was ordered to provide a refund within two months of the date of the order.

CONCLUSION

The Bank’s facilities were used for cash credit services, which in turn entitled the respondent to hold a position of ‘consumer’ under the Act.
The consumer was evidently an old and a regular customer of the appellant bank, who requested more than Rs. 40 crores of credit facilities and it was shocking that he was oblivious of the Bank’s operation, policies and procedures because for many years he had been affiliated with the bank. It was not acceptable to acknowledge unfamiliarity with the Bank’s process and its Circular. The customer was conscious of the transaction costs and demanded that the transaction costs be waived; thus, the transaction costs were debited by the bank in accordance with the authorization granted by the consumer.

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Abstract

An advertisement is a vital tool for the companies to sell their products and influence the buying behavior of the consumers. In this digital era, we are constantly consumed by these advertisements thus, it becomes essential to show advertisements which are genuine and not misleading. This article talks about misleading advertisements, role of Advertising Standard Council of India in curbing misleading ads along with cases of misleading advertisement amidst Covid-19.

Introduction

A misleading advertisement under Consumer Protection Act, 2019 can be defined as- “misleading advertisement” in relation to any product or service, means an advertisement, which- falsely describes such product or service; or gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or conveys an express or implied representation which, if made by the manufacturer or seller or service provider, thereof, would constitute an unfair trade practice; or deliberately conceals important information.”

In the same way as the Consumer Protection Act, provisions related to misleading advertisements and punishment for the offence are also included in various other laws and regulations such as- Drugs and Cosmetics Act, 1940, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Food Safety and Standards Act, 2006.

Broadly, there are two categories of misleading advertisements-

The first category of misleading advertisement, which violates the consumer’s right to information and choice. Under this, all non- health related or non-nutrition related advertisements are included that violates a consumer’s right to information and can cause financial loss or mental agony to the consumers. Few examples are: discount related offers, advertisements of vehicles making false claims of its petrol consumption, a face cream falsely claiming to remove wrinkles and educational institutions making false claims of affiliation or employment in its prospectus.

The second category of misleading advertisements includes all health or nutrition related claims which include advertisements selling health cures and drugs of unknown values. This category of misleading advertisement violates right to safety and can have serious effects on health of the consumers. Few examples are: health gadgets of undetermined value and advertisements claiming to increase a person’s height.

Role of Advertising Standards Council of India (ASCI) as a self regulatory body to curb misleading advertisments-

The Advertising Standards Council of India (ASCI) is a self-regulatory and a non-government body which was established in the year 1985. The members of the council are reputed firms of India which includes advertisers, PR agencies, media and advertising agencies and other professionals related to advertising. It was established to ensure all the advertisements to be legal, decent, honest and truthful along with a sense of social responsibility towards the consumers and to the rules of fair competition. The Ministry of Information and Broadcasting in August 2006, issued a notification holding it mandatory for all the TV commercials in India to follow the ASCI codes. This move has made the Advertising Council more effective and considerable.

The main objectives of this self-regulatory body are-

• To ensure the truthfulness and honesty of claims made by the advertisements and to safeguard the consumers against misleading advertisements.
• To ensure that the advertisements are not offensive to general public and indecent in nature.
• To safeguard the consumers against the promotion of products which are considered as hazardous products and which are unacceptable to society at large.
• To ensure fair advertisements so that the consumers be well informed on choices in the market and maintain a fair competition.

If an advertisement contravenes any codes mentioned above, the consumer or even an industry can complain the ASCI. The Council in fact, urges the consumers to report advertisements which are allegedly unfair or misleading in nature. ASCI, on receiving a complaint notifies the advertiser and gives him two weeks to respond. Further, The Advertising Standards Council of India (ASCI) place the complaint and the response given by the advertiser before the Consumer Complaint Council for the decision.

If the ASCI receive no response from the advertiser the Consumer Complaint Council can give an ex-parte decision. If the advertisement is found to be misleading, the Complaint Council can ask the advertiser to modify it or remove the same. In a report of Economic Times, ASCI has investigated complaints against 415 advertisements from December 2018 to January 2019. The Consumer Complaint Council took action against the advertisers after evaluating these advertisements. These impugned commercials belonged to education sector, healthcare sectors, food and beverages sectors, personal care and other categories.

Recently, ASCI during the ongoing Indian Premier League (IPL) had put a diligent surveillance on the liquor brand extensions appearing during the match and registered complaints against eight such advertisements over the past one month, which supposedly were in violation of the ASCI codes. These advertisements were of whisky, beer, and white liquor brands. In all the given cases, ASCI notified the advertisers within 24-48 hours of the same and seek a response.

ASCI’s codes and Guidelines

ASCI’s codes and guidelines regarding the brand extensions are-

1. The brand extension of products like liquor, tobacco, etc be considered genuine, it must be registered under an appropriate government authority such as the Food Safety and Standards Authority of India.
2. The in-store availability must be at least 10% of that of the leading brand in the category that the product competes, or sales turnover must exceed Rs 5 crore per annum or Rs 1 crore per annum in each state where it is distributed.
3. It must have a proper certificate from an independent organization for such turnover and distribution data.

If the advertisement does not comply with the criteria or the data provided is not certified by an independent body, the advertisement is discontinued.  Further, it is to be noted that advertisers cannot show advertisements or even hint in the advertisements at products which are prohibited or banned by law.

Misleading Advertisements amidst COVID-19

In the last few months, Covid-19 has become a center of conversation among the people. An advertisement plays an important role to spread awareness and information about the pandemic. However, the advertisers, with a motive to earn more profits are directly or indirectly associating their products to Covid-19 and passing off misleading and false claims in the advertisements. Some instances of misleading advertisements in recent months are-

The Dettol advertisement

In the present case, Hindustan Unilever, one of the major handwash selling company move the court over a DETTOL advertisement by Reckitt Benckiser which was trying to mock the effectiveness of Hindustan Unilever’s product LIFEBUOY soap. With a view to promote washing hands and to prevent the spread of coronavirus, the plaintiff had advertised their LIFEBUOY soap. Subsequently, the defendant company aired an advertisement about its DETTOL handwash which was more effective than a regular soap, which was shown as a red bar soap. Hindustan Unilever contended that the defendant tried to degrade its product (LIFEBUOY) as its red color and shape was recognizable in the advertisement.

The Bombay High Court in the impugned advertisement viewed that the advertisement showed false claims and subsequently, Reckitt Benckiser removed the advertisement in question.

 Arihant’s Corona-Resistant Mattress

Recently, an FIR was logged against the Arihant Mattress, a private company for its advertisement in a Gujrati newspaper for ‘anti-corona mattress’. The owner was booked under Section 505(2) of Indian Penal code which covers- Statement conducing to public mischief and under various other sections of Drug Remedies Objectional Act and Disaster Management Act. The said advertisement was totally false and misguiding the people while the country is going through a pandemic.

Hindustan Unilever Hand Sanitizer Advertisement

Under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945; the Drug Controller General of India (DCGI) issued a show cause notice to Hindustan Unilever on its product which claims to boast the immunity and also claiming to prevent Covid-19. It asserts to improve the immunity by using its hand sanitizer which in turn prevents the virus.

According to DCGL, Section 3(b) of Drugs and Cosmetics Act 1940 says, “immunity is a condition of being able to resist a particular disease especially through preventing the development of a pathogenic microorganism or by counteracting the effects of its products, adding that HUL’s claim attracts the given definition.”

Also, Hand sanitizer was licensed under ‘cosmetic’ under the Drug and Cosmetics Act, 1940 but now advertised as a ‘drug’ which was a clear breach of law.

Thus, DCGL contended that Lifebuoy’s ad of hand sanitizer was false and misleading in nature as the product cannot boost immunity against virus.

Conclusion

The big brands, to increase their capital tries to mislead the consumers through ambiguous, false, and unfair advertisements without satisfactory evidence to prove their claims and which manages to give an exaggerated positive view but later turns out to be a negative experience for the consumers. Misleading advertisements affects a consumer financially, mentally and even physically. This negative experience can spread fear among the consumer, especially during the time such as this present pandemic. As advertisements are effective in marketing a product and has a strong impact on people, advertisers acquire a moral duty to practice the code of ethical advertising and should abide by it and for this ASCI plays a major role for consumers to protect them against misleading advertisements.

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Kandhari Beverages (Pvt.) Ltd. vs Darshan Kumar

Facts:

The appellant was accused of trading three crates of cold drinks that were found contaminated, with the presence of flies within the bottles after being served to the guests. Respondent no.1 had purchased these bottles from Respondent no. 2, who in turn bought it from the appellant. Reportedly, neither the respondent nor any of his guests had consumed the beverage. The respondents filed a case in the dispute redressal forum seeking for refund of costs and compensation.

Issues:

• Whether respondent no. 1 is entitled to compensation?

Legal Provisions:

• The Consumer Protection Act, 1986

Appellant’s Contention:

The appellant did not deny the fact that the bottles had been manufactured by him. It was submitted that the drinks were processed as per international standards taking every detail into account which means that there couldn’t have been any scope of mistake. The appellant had raised an objection that respondent no. 1 cannot put himself under the purview of ‘consumer’ as he did not buy the crates from them directly instead were bought from respondent no. 2, therefore he is not liable to pay any compensation or costs. It was further submitted that the respondent did not mention any bill proving the date of purchase. There was no intake of the beverage by the guests; hence any liability on account of consumption does not arise. Therefore, it is prayed to set aside the appeal.

Respondents’ Contention:

The respondent submitted that after the opening of the bottle, many flies were present within the contents and it did seem like adulteration. If consumed, it could have proven fatal for the health of his guests; accordingly, he had arranged another crate of bottles. There was adulteration and hence it is prayed for a reward of compensation.

Observations of the forum:

The learned District forum observed that the version presented by the appellant that the bottles have been allegedly adulterated is falsified. After examining the contents of the bottle, it is proven that there was nothing intentional or any wrong done by the respondents deliberately. The prime responsibility lies on the part of the manufacturer to ensure and carry out safety standards to prevent any calamity. After perusing the receipt of notice sent to respondent no. 2 and the appellant again falsifies the contention of the appellant that there is no proof of date of sale or purchase. Furthermore, taking into consideration the judgment passed by the High Court of Karnataka in Hindustan Coca Cola Beverages Pvt. Ltd. & Anr. Vs. Ravishankar, it was observed that it is not necessary for the ‘consumer’ to ingest the adulterated liquid to claim the compensation.

Judgment:

The District Forum awarded damages of Rs.10,000/- and a cost of Rs.1,000/- to respondent no. 1. The appeal of the appellant was also dismissed with costs of Rs. 3000/-.

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Komal Hilwale vs the State of Maharashtra

Introduction

The Supreme Court on 16th June 2020, in the case of Komal Hilwale v State of Maharashtra allowed the woman with twin pregnancy to abort one of her 25-weeks old fetuses which was diagnosed with down syndrome, on the grounds of serious fetal abnormalities. Medical jurisprudence has faced a quandary over abortion of fetuses diagnosed with down syndrome. The reproductive rights of the mother and the rights of the unborn child; neither seems to outweigh each other. This decision is one amongst the various decisions that India has seen on the issue of abortion of down syndrome fetuses. Interestingly, different courts have arrived at different conclusions in this regard over the years.

In India, the c governs the abortion laws. According to the Act, pregnancy can be terminated by registered medical practitioners when-

i) the continuation of pregnancy might seriously injure the physical or mental health or risk the life of the pregnant woman or

ii) there is a substantial risk that the child if born, might suffer from serious physical or mental abnormalities.

Termination might be allowed in such circumstances if the length of the pregnancy has not exceeded 20 weeks. The parliament in the Medical Termination of Pregnancy Amendment Bill, 2014 has even proposed to increase the cap to beyond 20 weeks of pregnancy. Does the question still remain whether the termination of a fetus with genetic disorders such as Down Syndrome is allowed? Should the reproductive rights of women be decided by the courts? What impact does it have on the disabled community?

The Disease

Down syndrome is a genetic disorder that causes intellectual disability in humans. This abnormality is caused due to an additional copy of chromosome; chromosome 21 in infants. The extra genetic material alters the growth and development of the babies and also causes intellectual disability. Apart from developing typical physical characteristics, the babies might also have heart defects, hearing issues and vision problems. They are also more prone to developing Alzheimer’s disease, at an early age of 40, compared to the common onset of 65 for the general population. However, not all children face latter complications. Generally, they are slow at developing motor skills such as crawling, walking and feeding and do not possess the usual intellectual capabilities. Over 30,000 children are born with Down Syndrome in India annually, the highest number in the world. Although the mortality rate for children born with down syndrome all over the world has reduced; the genetic disease is still associated with high mortality in India, largely due to the outdated advice that many doctors give to parents.

Prenatal Screening Available for Down Syndrome

Tests for down syndrome is offered in two stages:

1. Screening Test: The combined first trimester screening involves assessment of data obtained by three different tests; a blood test, Nuchal Translucency (NT) test and nasal bone data to arrive at a conclusion. However, the NT test is not a diagnostic test and is only 80% reliable. Further, none of these prenatal screens will be able to definitively diagnose Down Syndrome and only tell the chances of it’s happening. Apart from being expensive, these facilities are also available only in select good cities.
2. Diagnostic Test: Diagnostic tests can be done by Chorionic Villus Sampling (CVS). While these tests boast a 99% reliability, they are also invasive to pregnancy and carry a high risk of miscarriage. Furthermore, CVS tests take 2-3 weeks to give a fuller analysis, when it becomes harder to have an abortion.

The global trends on the termination of fetuses with down syndrome have been worrying. Many countries around the world show a high rate of termination. About 750 children are born with Down’s syndrome every year in the U.K. Further, the proportion of women opting for a termination after the prenatal diagnosis there has been recorded around 90% in 2011, 2012 and 2013. In Denmark, where all pregnant women have been offered screening scans since 2004, the disorder is heading for “extinction.”  France on the other hand has a termination rate of 77%. 

In Iceland, it is required by the government from the health care staff to inform expecting mothers about the availability of the prenatal screening test for down syndrome. Although undergoing the screening is optional, almost 85% of women undergo these tests in Iceland.  A majority of these women choose to abort their pregnancy as soon as they know of the positive result. This has led to nearly 100% rate of termination of down syndrome fetuses and has resulted in the elimination of the disorder from the country almost entirely. The trend for the last decade shows that only 2-3 babies with down syndrome are born in Iceland every year.

The Right to Abort

Technologically advanced options for prenatal testing have posed difficult moral choices, that is, whether genetic anomaly or defect justifies an abortion. Down syndrome continues to redefine the abortion debate. Though not widely discussed in public, the default assumption is that aborting after a Down syndrome diagnosis is the natural and obvious thing to do. It is not right to force someone to have a child merely because other families report positive experiences because aborting a child, at the end of the day, is a choice; a personal choice. The rights of the disabled and reproductive rights both are based on the principles of equality, non-discrimination, inclusivity and bodily autonomy. While promoting disability rights, autonomous choices must also be promoted. The state cannot dictate or control a woman’s right to abortion, unless it’s for medical reasons. Women cannot be asked to personally take on the burden of contributing to an inclusive environment for other children with down children.

Responsibility of the Medical Practitioners

It is indeed true that raising a child with Down Syndrome requires extra care, effort and resources. However, it is not the only reason that parents decide to abort their child. The myths surrounding Down Syndrome are many and these myths often drive the decision of the parents of aborting their child. Many women do not even know what it is like to raise a child with down syndrome and are so swept in fear that they often presume it would be an impossible task. Given the lack of awareness and education about the disease in India, chances are, many women face this problem.

Medical practitioners have a key role to play in this situation, they should not only be responsible for the diagnosis but also counselling the parents and educating them about the disorder. Parents, when they discover that they might be expecting a child with down syndrome, are bemused and full of questions. Prevalent myths such as people with down syndrome cannot read or write or they cannot get jobs and live independently result in parents wanting to abort a child with down syndrome. They imagine their life to be filled with constant visits to the doctor, appointments at special schools and their child always being dependent on them. These situations are not only mentally burdening, but also financially burdening which is why parents might consider aborting their child as a prudent decision. However, these questions are completely natural and should in fact be answered by a competent medical practitioner or counsellor. They must educate the parents with reliable information about down syndrome and how they can take care of their child. The most essential part of this counselling should be enlightening the parents that their child can actually live a nearly normal and healthy life. There must be ‘pre-information’ laws, these laws must require doctors and genetic counsellors to provide what advocates call a more ‘balanced’ portrayal of the disability at the point of diagnosis.

Drawing the Line

While no judge can and should not take away a parent’s right to abortion, drawing the line between bodily autonomy and inclusivity is necessary. Since abortion is a time-sensitive issue, it is argued that due to the excessive time that pre-natal procedures require, abortion becomes risky and must be avoided. Further, the procedure of getting prenatal testing is a privileged facility available to some. If parents equipped with resources to take care of the child chose to abort their child merely because their child might be born with down syndrome, it creates a less inclusive space for the already existing children with down syndrome. The primary reason that people with down syndrome are not treated equally as other individuals is due to the stigma and misconceptions surrounding the syndrome.

Society is still unaware of the disorder and considers it a form of mental retardation. While taking care of children with down syndrome is harder, the process can be made easier if there are societal changes in the way they are perceived and an environment is created for them where they are accepted. Majority of the problems stem from the non-inclusive environment that is created for these children but aborting them is not the way to go here since it only adds to that narrative.

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What is a Legal Notice?

Legal Notice is an important instrument as, without it, you can’t take the legal action. It is a way to warn the opponent that, you are going to take legal action against them if they don’t fulfil your demand.

Why is it important to file the Legal Notice?

1. It gives prior notice to the opponent.
2. It is a Legal Requirement.
3. Increases the efficiency of the litigation process.

Essential features for the Format of Legal Notice

1. Keep it concise and provide only the material fact;
2. State the relief you want to get;
3. State the legal basis for which you are wanting the relief.

10 Types of Legal Notices

Legal Notice Format: Vacating the property given on the lease (Tenant Eviction)

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client ___________________, resident of _________________ I do hereby serve you with the following Legal Notice: –

1.  That the lease deed dated ……………………. made between my client of the ONE PART and you on the OTHER PART in respect of premises No. ………………………………….. (hereinafter referred to as demised premises).
2. That the lease deed has expired by efflux of time on the ………….. day of ……………, 202_.

I hereby call upon you to quit, vacate and deliver quiet and peaceful possession of the demised premises on or before the ………………….. day of …………………., 202_, failing which my client will file a suit against you for recovery of possession of the demised premises and for damages, which may be sustained by her by reason of your willfully retaining possession thereof and for breach by you of the covenants contained in the lease deed.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

____________
ADVOCATE

Legal Notice Format: Filed by Purchaser for specific performance of Contract

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client ___________________, resident of _________________ I do hereby serve you with the following Legal Notice: –

1. That for the House No. _____, situated at _______, you had agreed to sell it to me vide an Agreement of sale.
2. That the agreement of sale was dated ________.
3. That the said agreement for sale was executed between me of the ONE PART and you of the OTHER PART.
4. That as per the clause ____ of the said Agreement for sale, the Deed of Conveyance, is to be completed within …………………. months from the date of said Agreement.

I hereby give you notice that I the undersigned …………………. was and am still ready and willing to complete the purchase, subject to your performing your part of the said agreement and I require you to complete the same and if you fail to complete the same within ……………… days from the date hereof, I shall file a suit against you for specific performance of the said agreement for sale with damages and costs.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

____________
ADVOCATE

Legal Notice Format: Filed by Vendor for payment of immovable property

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client ___________________, resident of _________________ I do hereby serve you with the following Legal Notice: –

1. That my client had entered into an agreement of sale dated _____ with you.
2. That the sale agreement was for the selling of house no. ____, situated at _________ for a consideration of Rs. ____.
3. That according to the clause ___ of the agreement, the said transaction is to be completed within ____ months from the date of said agreement.
4. That my client was and is still willing and ready to execute a sale deed in your favour or in favour of any person as you may direct in accordance with the terms of the said agreement, but it couldn’t be done because of the default of the payment.

I hereby call upon you to have the deed of conveyance executed by my client against payment of the balance of the consideration money on or before the ………… day of ………………….. in terms of the said agreement, failing which the said agreement will stand cancelled and the earnest money paid by you will stand forfeited. However, this is without prejudice to the rights of my client to recover all costs, damages, losses and expenses incurred by him by reason of your default in performing the said agreement.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

____________
ADVOCATE

Legal Notice Format: Notice of Assignment by Assignee

                                Dated ____, __________

To,
_____________

Dear Sir/Madam,

I, the undersigned, A hereby give you notice

1. That Shri ________ has assigned the debt due by you from you with the interest accrued and hereafter to accrue thereon, under the bond _______ executed by you.
2. That the bond was executed by you in favour of Shri ________.
3. That Shri __________ has refused to sign the notice of assignment.

Yours Faithfully,

Assignee

Legal Notice Format: For suit against Government u/s 80 of CPC

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: Notice under Section 80, Code of Civil Procedure.

To,

The Secretary to the Govt. of …………………… ………………….. Deptt., ………………….. 

Under instructions from my client Shri ………………….. resident of …………………… I hereby give you the legal notice

That my client Shri ………………….. shall file a civil suit against the Government in the court of competent jurisdiction after the expiry of two months from the date of service of this notice for the cause of action and reliefs mentioned in the draft plaint enclosed herewith, which may be treated as part of this notice. 

Yours faithfully,

………………….

Advocate Enclosure: Plaint

Legal Notice Format: For the construction by neighbour which is invading my privacy

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client ___________________, resident of _________________ I do hereby serve you with the following Legal Notice: –

That you are constructing a strucute at your land adjacent to my house, which is interfering with my client’s privacy.

That you should stop the construction at the immediate effect.

Kindly note that if you fail to comply with my request, I shall be constrained to initiate legal proceedings against you at your risk, as to costs and consequences.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

____________
ADVOCATE

Legal Notice Format: To company for non-payment of salary and other interest and allowances

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
XYZ. Company Private Limited

Through its Managing Director

Mr. ABC

Sir/Madam,

Pursuant to the instructions from and on behalf of my client ___________________, resident of _________________ I do hereby serve you with the following Legal Notice: –

1. That my client ______ was appointed by your offer letter dated _______ and the salary of my client ______ was fixed at Rs.______ per month.
2. That the offer letter dated _____, stated the joining date as ______ which my client ______ duly followed.
3. That my client did her duty diligently, regularly and with utmost punctuality and sincerity, and with full devotion in accordance with the well-settled provisions of the law. You issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client along with the Identity Card.
4. That on _________, when my client went to attend her duty; then your office abruptly refused to allow to my client to attend her duty and told that services of my client are no more required by your office and thus the services of my client have been terminated by you in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of termination of the services of my client, you did not pay the salary for the month of ___and __ days salary for the month of _________ which comes to Rs. ______/- to my said client.
5. That my client visited your office from 9 a.m. to 4 p.m. from time to time and spent a huge amount of Rs. ____/- on the charges of travelling but you refused to pay and also the amount of Rs. ______- my client spent while doing fieldwork for your company. Lastly ____^th Month, year you clearly refused to pay the salary amount of Rs. _____/- to my client along with travelling charges and amount spend on fieldwork.
6. That you did not provide me statutory benefits i.e. Providential Fund. etc. You also did not pay the of bonus and other service benefits which totally comes to Rs. _____/-

I, therefore, call upon you through this Notice, to make the payment of the Rs. ______/- to my client along with interest up to date, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file criminal as well as the civil suit and Suit for Recovery in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce it in court.

____________
ADVOCATE

Legal Notice Format: Legal notice under Section 138 of the Negotiable Instrument Act for the honour of cheque

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Under the instruction and authority from my client Mr. A( here referred to as my ‘client’), I do hereby serve upon you the following notice of demand under Section 138 of the Negotiable Instrument Act, 1881:

1. That my client knows you, from the last ___ years and on that account you had gained the faith and confidence of my client, that you demanded a friendly loan of Rs.________ from my client in the month of ___. My client provided you with the said amount.
2. That earlier, you issued a cheque dated __^th _________ for Rs. ________ drawn on ******, in order to discharge your partial liability. At the time of issuing the cheque, you assured my client that the same is good for value and will be honoured as and when presented.
3. That when the aforesaid cheque was presented, for encashment by my client to his banker the same was returned unpaid by the banker with the reason that there was “Insufficient Fund”. My client informed you about it through the telephone/Email.
4. Despite various reminders, you failed to make payment to my client. You tried to avoid the matter and started to ignore my client. Since my client is left with no other option but to present you with the legal notice.
5. That you have failed to comply with the provisions of the law and also failed to discharge your liability from your account and the same cheque was dishonoured intentionally and willfully.
6. That, either you discharge your liability towards my client in next 15 days or criminal and civil charges will be framed against you, and you can be punished for imprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

____________
ADVOCATE

Legal Notice Format: Legal Notice for the forfeiture of the mortgaged property

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Under instructions from my client Shri X, I have to call upon you to pay the principal amount together with interest due on the deed of mortgage dated the ………………….. day of ………………….., 2000, made between yourself of the ONE PART and the said X of the OTHER PART, which has become due and repayable to the said X on the ………………….. day of …………………., 2000, failing which, I have the instructions to file a suit against you for foreclosure of the mortgaged property.

Yours faithfully,

…………………..

Advocate

Legal Notice Format: Notice Of Dissolution Of Partnership

PUBLIC NOTICE is hereby given that the partnership heretofore subsisting between the undersigned and A, etc. and B, etc. carrying on the business of ………………………………… at ……………. under the name and style of M/s …………. is dissolved by mutual consent as from the ……………. day of ………….,2000.

Sd/-

Illustrative structure of a Legal Notice

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The digital age has ushered and tremendously grown in this new era of e-commerce and brought in its scope new expectations and desires of the consumers. It has now become easily accessible, with wider choices to the consumers and provides with effective methods of business.

Due to such a revolution which is brought about by digitalization, the Consumer Protection Act, 1986 had several challenges and faced many setbacks which needed immediate attention. But the government brought about a drastic change and introduced the Consumer Protection Act, 2019 which came into force on 20 July 2020. This earlier enactment had been revised every now and then to bring it in conformity with changes brought about by globalisation, economic liberalisation, digitalization of products and services etc. however, its implementation was a long way to achieve its desired objective of socio-economic legislation which sought to provide protection of the interests of the consumers. While on the other hand the new Consumer Protection Act, 2019 will strengthen and enhance the scope of protection provided to the consumers by revamping the advertising claims, endorsements, punishments, jail terms, administration of the disputes and various other factors.

Consumer Protection Act, 1986

Consumer Protection Act, 1986 is an act which provides for effective protection of the interests of the consumers, provide for remedies and speedy redressal of the dispute through the help of various councils and other authorities.

Broadly speaking, the CPA seeks to protect the following basic rights of consumers:

• Right against the marketing of goods and services which are hazardous to life and property;
• Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services;

• Right to choice, wherever possible through access, to a variety of goods and services at competitive prices;
• Right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums;
• Right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers;
• Right to consumer education; and
• Right to clean and healthy environment.

Further, the Consumer Protection Act elaborated as to who is a consumer, their rights as mentioned above. Apart from that is also states detailed provisions relating to the administration and settlement of the consumer disputes through three-tier quasi-judicial mechanism at the District, State and National levels for redressal of consumer disputes and grievances.

Depending on the facts and circumstances, the redressal forums may issue orders for one or more of the following relief(s):

• Removal of defects from the goods;
• Replacement of the goods;
• Refund of the price paid;
• Award of compensation for the loss or injury suffered;
• Withdrawal of the hazardous goods from being offered for sale; or
• Award for adequate costs to parties.
• Removal of defects or deficiencies in the services;
• Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them;

Consumer Protection Act, 2019

AMENDMENTS:

The sections which shall come into force are as follows:

CONSUMER COURTS:

The said act allows the consumer to institute the complaint from where they reside or work for gain. This has provided the consumers with great relief as earlier the complaint was filed only where the seller or service provider was located or where the cause of action arose. This move is considered apposite after looking at the rising e-commerce, where service provider could be located anywhere.

PECUNIARY JURISDICTION:

There has been a tremendous and paramount change in the pecuniary jurisdiction of the courts handling consumer disputes. In the wake of the new act, the district commission can now entertain consumer disputes whose value does not exceed Rs. 1 crore. The state commission can entertain disputes whose value exceeds Rs. 1 crore but does not exceed Rs. 10 crores and the national commission can entertain disputes whose value exceeds Rs. 10 crores.

PRODUCT LIABILITY:

The significant addition to 2019 act is the provision for product liability whereby the manufacturers or service providers have been made responsible to compensate the consumer for any harm, injury, the loss suffered due to defective products, or deficiency in the service. This also includes e-commerce within its ambit and even they cannot escape the wrath of the act as now the product liability has been extended to the service providers and not just limited to the manufacturers.

E-COMMERCE AND DIRECT SELLING:

Another amendment was related to e-commerce functioning according to the laws set for direct selling. The guidelines make it compulsory for the e-businesses to disclose the seller’s details like their address, website, email etc. and information related to refund, return, guarantee and warranty, delivery, shipment, payment options, the safety of payment, grievance handling mechanism etc. This step is paramount as in the growing world of e-commerce defective and deficient products and services are provided and through this provision the companies could be penalised for the same.

“Under the new Act, e-commerce will be governed similar to direct selling in India and online platforms for selling goods or services, or aggregating services will be held liable for any violation of consumer rights or adopting any unfair trade practices,” Mehta said³.

REGULATOR:

A central regulator, Central Consumer Protection Authority (CCPA) has been created by the act which would address issues related to consumer rights, unfair trade practices or misleading advertisements and would provide the consumers with effective redressal of the dispute and protect, promote and enforce the rights of the consumers as a class.

According to Ram Vilas Paswan, the Union Minister for Consumer Affairs, Food & Public Distribution says “CCPA will be empowered to conduct investigations into violations of consumer rights and institute complaints/prosecution, order recalls of unsafe goods and services, order discontinuance of unfair trade practices and misleading advertisements, impose penalties on manufacturers/endorsers/publishers of misleading advertisements”^.

MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION AND E-FILING:

The act provides for provision related to mediation and e-filing of the complaints ⁵. Mediation as an alternate dispute resolution is very effective as it helps in speedier disposal of the case and also reduces the burden of the consumer courts which are already burdened with ample of cases. A complaint will be referred by a Consumer Commission for mediation, wherever scope for early settlement exists and parties agree for it. The act also provides for e-filing of the complaints. To speed up the process of redressal of the dispute the act provides that the complaint could be filed electronically and the proceedings and the examination of the parties could be taken up through video conferencing.

Source:https://economictimes.indiatimes.com/wealth/spend/heres-how-consumers-will-benefit-under-the-new-consumer-protection-act/articleshow/70711304.cms?from=mdr

Overview

The said new act of 2019 continues with dispute resolution through National, State and District Redressal Commissions ⁶. However, their pecuniary jurisdictions have increased tremendously to reduce the burden on these commissions. The monetary value of the complaints that can be entertained has been substantially increased. On one hand, this provision provides relief to the overburdened courts and on the other hand, the value of the lower commission will improve extensively.

Furthermore, the consumers can now file a complaint with appropriate jurisdiction of the consumer forum located at the place of residence or office of the consumer as opposed to 1986 act where the consumer needed to travel a long distance and file the complaint where the seller or service provider is located.

The admission of the complaints to the consumer forums is to be decided within twenty-one days. This was observed in the 1986 act, but according to the new act if the issue to file the complaint fails to be decided then by default the complaint will be deemed to be registered. This provision as such does away with the languishing of complaints at the initial stage which was essential for admission of the genuine complaints. This creates serious doubts as to the practical efficacy of the changes.

The new act also introduces the power of judicial review. This allows the consumer forums to review their judgements rather than filing appeals to the next level forum and thereby overburdening the courts further. In the 2019 act, the appeals from the State Commission to the National Commission can only be made where they involve substantial questions of law. Further, appeals from the National Commission to the Supreme Court can only be made against complaints which originated in the National Commission.

A new concept of “unfair contracts” has been added to the 2019 act. These contracts harm consumers and cause significant changes in the rights of consumers. The said ac has created a provision which would protect the consumers from skewed and unreasonable contracts which favours the manufacturers and the service providers.

The act further provides for punishment and penalties arising out of misleading advertisements. The CCPA may impose a penalty up to Rs. 10 lakhs or imprisonment up to 2 years on a manufacturer or endorser for misleading advertisement. In subsequent offence, the penalty may extend to Rs. 50 lakhs or imprisonment up to 5 years. The CCPA can also prohibit the endorser from practicing misleading advertising up to a period of 1 year and for the subsequent offence, it may extend to 3 years.

Moreover, the opposite party needs to deposit 50% of the amount ordered by the District Commission before filing an appeal before the State Commission. Earlier, the ceiling was a maximum of ₹25,000, which has been removed. Further, the limitation period for filing of appeals to the State Commission has been increased from 30 days to 45 days.

Challenges

The Central Consumer Protection Authority (CCPA) has been created to “regulate matters relating to a violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.” 8 Further, the authority is given the power to inquire and investigate, which is done through an investigative wing headed by a director-general. Though this provision is commendable in its real sense the functions of the authority is vague as since district collectors are given the responsibility to undertake inquiries and investigations. Therefore, in the near future, the task of the investigative wing and the functions of the district collector will somewhat overlap which would, in turn, lead to a clash in their interests.

Further, the authority is also empowered to impart justice by penalizing manufacturers or endorsers for misleading advertisements, return of goods, preventing the endorsers to undertake activities relating to misleading of the advertisements, reimbursement of the price paid for good and services. Appeals against such order can only be challenged in the National Commission. But the basis for hearing such appeals is unclear which leaves the legal fraternity as well as the consumers in great confusion.

It is also not known as to whether the disputes with the present consumer commission will be heard by the same or will be transferred to the courts having the pecuniary jurisdiction according to the new act. This ambiguity will lead to further delays.

Conclusion

The Consumer Protection Act 2019 is a constructive step which would bear fruits in the future. The act includes within itself several new concepts which were the need of the hour and the thought of implementing the same in a country like India would give a satisfactory result. In the growing world of digitalization steps like e-filing of cases, proceedings through video conferencing will reform, develop and enhance consumer rights to a great extent. But one cannot deny and question the implementation and practical application of the provisions. For any law to be successful, it is essential that its implementation should be done properly and efficiently. Therefore, for the 2019 act to become productive it needs to overcome its drawbacks and leeway should be given to actualize the relief for the consumers.

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