Court Name: NCDRC
Appelant Advocate MR. HIMANSHU GUPTA
Respondant Advocate
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2118 OF 2010(Against the Order dated 25/02/2010 in Appeal No. 450/2009 of the State Commission Chandigarh) 1. GORDHAN RAM AGGARWALC/o. Sh. Raj Kumar, H. No. 1012, B1 Ratpur ColonyPinjoreHaryana ...........
Case Number: 2118
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Date of Filing: 31-05-2010
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Date of Upload: 01-07-2010
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Question : Am I eligible to file case against Omaxe in Consumer Forum?
Answer : If you have purchased a product or avails any service, either for your personal use or to earn your livelihood by means of self-employment.
Question : When I can fill a complaint against Omaxe ?
Answer : A complaint may be made against Omaxe under the following circumstances:
1 : Loss or damage is caused to the consumer due to unfair or restrictive trade practice.
2 : the article purchased by you is defective.
3 : the services availed of by you suffer from any deficiency.
4 : charged more then MRP
5 : Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.
Question : Is there any exemption from payment of Court Fee?
Answer : The complainants who are Below the Poverty Line shall be entitled for the exemption of payment of fee for complaints upto rupees one lakh on production of an attested copy of the Antyodaya Anna Yojana card.
Question : What are the Reliefs available to Consumers?
Answer : The reliefs available are :
1 : Removal of defects from the goods
2 : Replacement of the goods
3 : Refund of the price paid.
4 : Removal of defects or deficiencies in the services
5 : Award of compensation for the loss or injury suffered;
6 : Discontinue and not to repeat unfair trade practice or restrictive trade practice;
7 : To withdraw hazardous goods from being offered for sale;
8 : To cease manufacture of hazardous goods and desist from offering services which are hazardous in nature;
9 : If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by the forum;
10 : To issue corrective advertisement to neutralize the effect of misleading advertisement;
11 : To provide adequate costs to parties.