Study the following case/situation and express your opinion.
1) Mr. Ashok visited a shop to buy a pair of shoes for RS. 700. The salesman forced him to buy a pair of bigger size shoes of the ordinary company by claiming this size would be suitable for him. After reaching home, he discovered that shoes are still too big for him. He complained about the shoes to the shopkeeper. It was denied by the shopkeeper to replace the shoes despite the availability of stock.
In the above case,
i) Which right has been violated?
ii) Comment on the right which has been violated.
iii) Where can Mr. Ashok file his complaint?
In the above case, the Right to Choose has been violated.
In India, the choices are available to consumers to select goods and different services like telecommunications, travel and tourism, banking, electronics, consumer goods, etc. According to the right to choose, a consumer should be given full liberty to select an article as per his requirements, liking, and purchasing capacity. The seller cannot force or compel the customer to buy specific products or services In this manner monopoly is avoided and prevented.
According to the Right to be Heard, Mr. Ashok can lodge a complaint to the consumer forum. Mr. Ashok can also file an online complaint through the portal or mobile applications to the trader as well as to the appropriate consumer commission or forum.
2) Mrs. Meera a resident of Nagpur District bought a washing machine worth Rs. 50,000 without cash memo with a warranty period of 2 years. After 1.5 years she noticed some defect and asked the company to repair or replace it. The company did not accept her complaint despite the defective product.
In the above case,
i) Suggest suitable redressal machinery to protect her right.
ii) If she is not satisfied with the decision given by redressal machinery, where should she appeal?
iii) What was the negligence of Mrs. Meera while buying the washing machine?
According to Right to Redressal, Mrs. Meera should file a complaint about the fair settlement of the claim. This right enables Mrs. Meera to demand repair or replacement or compensation for defective products i.e., in the above case washing machine supplied. Three-tier quasi-judicial consumer dispute redressal machinery is established for the settlement of the claim. Mrs. Meera can file a complaint in the District Commission established in her district as the value of machinery does not exceed 1 crore.
If Mrs. Meera is not satisfied with the order or judgment was given by District Commission, then she can appeal against such order to State Commission within 45 days from the date of such order, in such form and manner as may be prescribed.
Mrs. Meera did not collect or ask for a cash memo and guarantee/warranty card for a period of 2 years as soon as she purchased the washing machine worth 50,000.