Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Returns and refunds consumer protection act
1. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RETURNS AND REFUND-
CONSUMER PROTECTION ACT
Swetha. K
Associate-Advocate
2. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Consumer Protection Act, 2019
• Applicable act in India- Consumer Protection Act, 2019
• Came into force on 20th July 2020 repealing the Consumer
Protection Act, 1986.
• While retaining certain old provisions, the New Act has
certain new provisions that tightens the existing rules to
further safeguard consumer rights and create exhaustive
consumer protection law.
• An Act to provide for protection of the interests of consumers
and for the said purpose, to establish authorities for timely
and effective administration and settlement of consumers’
disputes and for matters connected therewith or incidental
thereto”
• Enacted taking into consideration the booming E- commerce
industry and modern methods of providing goods & services
such as online sales, tele-shopping etc.
3. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Who is a consumer?
Elaborate definition under Section 2(7) of the Act.
• A person who buys any goods or services for a consideration,
which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment also
includes the user with approval of such goods or beneficiary of
services. As per Consumer Protection Act 2019, the expression
“buys any goods” and ‘hires or avails any services” .
• includes offline or online transactions through electronic means
or by teleshopping or direct selling or multi-level marketing.
4. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights of consumers- Section 2(9)
"consumer rights" includes,—
(i) the right to be protected against the marketing of goods,
products or services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency,
purity, standard and price of goods, products or services, as the
case may be, so as to protect the consumer against unfair trade
practices;
(iii) the right to be assured, wherever possible, access to a variety
of goods, products or services at competitive prices;
5. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights of consumers- Section 2(9)
iv) the right to be heard and to be assured that consumer's interests
will receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or
restrictive trade practices or unscrupulous exploitation of
consumers; and
(vi) the right to consumer awareness;
6. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Refund and cancellation policy
• Cancellation means that the customer is returning a product
purchased from an e-commerce website. The reasons could
be bad quality or defective product items which do not meet
the specifications as shown on the website at the time of
purchase or it could be even that you got the same product
with same quality elsewhere at a cheaper price.
• Refund policy means that a customer who is dissatisfied
with the good or service purchased can return the product
and claim a refund for the amount charged at the time of
purchase. In some cases, there is a time limit beyond which
the customer cannot return the product, for example, 7 days
or 40 days from the date of delivery of the product.
7. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The right to return any semi-durable or durable goods
purchased without any cost within 15 days of the purchase
provided that they remain in their original condition without
any alterations in its shape or size and shall be returned in its
original packing.
• The removal of the slogans of no refund or no replacement
instilled displaying the right of consumers for free return.
• The guarantees to come with the purchase of the goods itself
and the supplier cannot levy any extra charges from the
consumer for receiving any guarantees.
Features under the Act
8. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Product liability- 2(34) &
section 84, 85 & 86
• It means the responsibility of a product manufacturer or product
seller, of any product or service, to compensate for any harm
caused to a consumer by such defective product manufactured or
sold or by deficiency in services relating thereto.
• A product manufacturer shall be liable in a product liability action,
if—
• (a) the product contains a manufacturing defect; or
• (b) the product is defective in design; or
• (c) there is a deviation from manufacturing specifications; or
• (d) the product does not conform to the express warranty; or
• (e) the product fails to contain adequate instructions of correct
usage to prevent any harm or any warning regarding improper or
incorrect usage.
• A product manufacturer shall be liable in a product liability action
even if he proves that he was not negligent or fraudulent in making
the express warranty of a product.
9. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A product service provider shall be liable in a product liability
action, if—
(a) the service provided by him was faulty or imperfect or deficient
or inadequate in quality, nature or manner of performance
which is required to be provided by or under any law for the
time being in force, or pursuant to any contract or otherwise; or
(b) there was an act of omission or commission or negligence or
conscious withholding any information which caused harm; or
(c) the service provider did not issue adequate instructions or
warnings to
prevent any harm; or
(d) the service did not conform to express warranty or the terms
and conditions of the contract.
10. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A product seller who is not a product manufacturer shall be
liable in a product liability action, if—
(a) he has exercised substantial control over the designing,
testing, manufacturing, packaging or labelling of a product
that caused harm; or
(b) he has altered or modified the product and such alteration
or modification was the substantial factor in causing the harm;
or
(c) he has made an express warranty of a product
independent of any express warranty made by a
manufacturer and such product failed to conform to the
express warranty made by the product seller which caused
the harm; or
11. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
(d) the product has been sold by him and the identity of
product manufacturer of such product is not known, or if
known, the service of notice or process or warrant cannot be
effected on him or he is not subject to the law which is in force
in India or the order, if any, passed or to be passed cannot be
enforced against him; or
(e) he failed to exercise reasonable care in assembling,
inspecting or maintaining such product or he did not pass on
the warnings or instructions of the product manufacturer
regarding the dangers involved or proper usage of the product
12. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• District Consumer Forum claims < Rs 1 Crore
• State Consumer Commission claims < Rs10 Crores
• National Commission > Rs 10 Crores
• The pecuniary jurisdiction has been increased and under the
new act, consumers can file complaints at the district level
where the value of goods and services forming the subject
matter of the dispute does not exceed Rs. 1 Crore.
• only the value of goods and services shall be considered and
not the quantum of damages being sought, thus the consumer
can no longer confer jurisdiction on a forum of his
choice/convenience by claiming exaggerated damages on
account of mental harassment etc.
JURISDICTION
13. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The New Act establishes responsibility and affixes liability
amongst the product manufacturers, sellers and service
providers and aims to punish businesses that engage in
fraud on quality or specified unfair trade practices.
• wide ramifications on businesses especially start-ups who
are keen on expanding their business. A new challenge
has been thrown to the Indian businesses, who would
need to optimise their resources, capability and innovation
to produce products and provide Services of global
standard and quality specifications.
CONCLUSION
14. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU!