I ordered an injection costing Rs2,000 from a dealer. He gave me delivery in an ordinary packet, without any ice-pack. There are clear instructions in bold letters on the packing of the injection to maintain the cold chain (keeping the temperature below 25°C). When I received the injection, the outside temperature was 30°C. I requested the dealer to take back the injection and refund my money, as the efficacy of the active ingredients of this injection can decrease if the temperature is not maintained. But the dealer refused to take it back. Is there a way to get a refund?
Dr Yatin Shah, Mumbai
If the cold chain is not maintained as per requirement, you can refuse to accept such medicine. If the dealer has refused to take it back, you can lodge a complaint against him on the National Consumer Helpline on its toll-free numbers 1800-11-4000 or 1915. If your grievance is not solved by the NCH, you have an option of filing your complaint before the District Consumer Disputes Redressal Commission. Considering the money you have spent, if you go to any court or tribunal, you might land up with expenses that could be many folds more than the cost of injection.
Now we have one more mode of amicable settlement available due to The Mediation Act. Thus I would suggest you go in for mediation for an amicable settlement. There are multiple advantages of mediation: Apart from being cost-effective and less time consuming, it creates a win-win situation. The Mumbai Grahak
Panchayat has its own mediation centre called SAMET, which has solved many such grievances. You can file your grievance online to mgpsamet@gmail.com or WhatsApp on 9860333963 for further information.
I saw a notice about Hitachi AC stating that it has failed to meet energy efficiency parameters. I purchased the same model two months ago. Where can I lodge a complaint?
Ramakant Ahire, Mumbai.
Yes, that was a Notice of Consumer Alert by the Bureau of Energy Efficiency against the advertisement of Hitachi AC. It was published in newspapers as compliance of the directions given by the Bureau of Energy Efficacy under Regulation No 7.
The Bureau of Energy Efficiency initiated the Standards Labelling program (linked with Star Rating) for equipment and appliances in 2006 with an intention to reduce the energy consumption of appliances without diminishing the services provided to the consumers.
The bureau grants permission to use ‘stars’ after being satisfied that all requirements are being fulfilled. The scheme is invoked for 34 equipment/appliances out of which, for 14 (including room AC) it is mandatory. This helps the consumer compare products and make an informed choice.
If you want to lodge a complaint, you may lodge it with this bureau. You also have an option of filing a complaint before the Central Consumer Protection Authority (CCPA), Delhi or before the District Consumer Disputes Redressal Commission. The CCPA is empowered to issue directions recalling of goods and reimburse the prices of goods to prevent unfair trade practices to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumer’s rights.
You can also lodge your complaint before the DCDRC. It can issue an order to the opposite party directing him to replace the AC machine or to return the price paid by you along with interest. It can also award you compensation for any loss or injury suffered. It may further direct to withdraw all such AC machines from being offered for sale and to cease itsmanufacture.
I am a small-time businessman and own a tour company. I had done flight bookings for my customers for Dubai through ‘Rooster Tour Company’ (name changed). During Covid-19, all flights were cancelled and the airline refunded amount to Rooster Tour Company.
(RTC). Now, RTC is not ready to refund my money and has stopped receiving my calls as well. Can I file a complaint against RTC in the consumer court?
Ninad Yeole, Thane
Since you had booked the tickets for commercial purposes, you cannot approach the Consumer Disputes Redressal Commission against Rooster Tour Company. This commission is primarily established for consumers and not for commercial transactions. The Consumer Protection Act under Section 2(7) has defined ‘consumer’ as “any person who (i) buys any goods for a consideration and includes any user of such goods other than the person who
buys such goods for consideration when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration and includes any beneficiary of such service but does not include a person who avails of such service for any commercial purpose”.
But if you are able to convince the commission that you are doing this small-scale business to earn your livelihood, by means of self-employment, the commission may admit and decide your case.
(Dr. Archana Sabnis is an expert on consumer laws who is practising at consumer disputes redressal fora at district, state and national levels since 2000. She is on the panel of conciliators of MahaRERA and is associated with the Mumbai Grahak Panchayat.)
