SONY India on their website advertised a product feature on their website. The feature was not there in the product I purchased. SONY said it is their mistake ans they removed that feature mention from their website. In fact that feature was not there in any of that model (MHC-V6D) SONY manufactured. SONY called me twice and assured that they will take back product and refund the money. No written/ formal conformation though. Product purchased through INFIBEAM.com online. SONY later said INFIBEAM is not their authorized dealer and I should have purchased through their authorized dealer only. In other words SONY has refused to take back the product or refund money. The product feature itself was not there in the product itself so I can not make warranty claim as well. What are my legal options? Should I lodge police complaint? Should I lodge criminal case in court? Thank you
1) if you had purchased product based on product feature wrongly mentioned in the website then the company would be guilty of unfair trade practice
2) you can move consumer forum against the company and dealer and seek refund of money paid with interest
3) also seek litigation costs and compensation for mental torture undergone by you
Thank you Mr. Ajay Should I lodge police complaint and under which IPC? Regards
you should not lodge police complaint
2) cases in criminal court go on for years at an end
3) file complaint before consumer forum and you would get results in 2 years time
The product feature itself was not there in the product itself so I can not make warranty claim as well.
What are my legal options? Should I lodge police complaint? Should I lodge criminal case in court?
You can issue legal notice to the SONY company as well as to the online sales company.
You can mention the defect in the legal notice and instruct them to replace the product or provide you the desired relief at the earliest and give them a time to comply with your demand.
You can drag both the companies to the consumer forum for their deficiency in service if none of them responded or provided you the desired relief.
Should I lodge police complaint and under which IPC?
A complaint with the police may not be effective and the police also may not be very effective to the complaint.
You can drag them to the consumer forum which will provide you the relief.
Hi
1) Since you have purchased a Sony High Power Home Audio System based on the promises made to you by SONY on their website, you might choose to file a cheating case under section 420 of IPC at your nearest police station.
2) However in the event of you filing a cheating case/criminal complaint, the accused will get punished and will be sent to jail, but you will not get any refund of your money by filing a criminal complaint.
3) Please note criminal cases results only in conviction/acquittal of accused. The complainant does not get any monetary benefit except the feel good factor that the accused has been punished in accordance to law.
4) In order to get refund of your money also get compensation for damages from both infibeam and Sony, our recommendation is to you to file a case in the District consumer forum.
5) In District consumer forum, you also have the option to appear as party in person and can argue your own case and in district forum's the costs of litigation is cheaper and consumer forum's are speedier compared to civil courts in dispensation of justice.
Hope this information is useful.
A criminal case is not made out as the dispute is entirely civil in nature. It is deficiency in service on part of SONY India, so your remedy is before the Consumer Forum. Accordingly, file a complaint case before the consumer forum to claim compensation for deficiency in services.
