• Wrong complaint by consumer

I am a furniture retailer. Few months ago a drunk person came to my store in the evening and selected few furniture products. At the time of final payment he asked for 40-50% discount and when i denied to give that he abused my staff indirectly. We were not in mood to make any issues and mutually agreed on 10% discount but customer stopped us from making the bill because as per norms i was charging 14% vat on total amount. Just to avoid nonsense goods were sold without bill. Next morning he came back with damaged products and threaten me to replace the products on no cost. Since all the products are not part of home delivery and picked up by customer from store on his own convenience so i denied to replace the products because i am not getting any reimbursement from my vendors against damages( Color, Scratches & loosing in locks) and concerned products were almost 40% damaged.
Now the same person sent me an consumer forum notice and put below complainants against me 

-Denied to accept returns and delivered damaged products 
-Denied to make bill and asked for extra 14.5%.
-Used abusive language at the time of return

Please advise in this matter consumer protection act also save the rights of retailer/manufacturer??
Asked 6 years ago in Civil Law

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14 Answers

You will have to appear in the Consumer Forum and file a written statement countering his allegations with respect to his grievances.

Engage a lawyer specializing in handling consumer disputes and appear before the Forum.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

Have you received a notice from the lawyer or from the consumer forum?

If in case you have received the same from the consumer forum then you need to mark an appearance before the court, procure the copy of the complaint and file a reply for the same.

Your reply can only be told to your after perusing the same. You will deny saying that the allegations are false and the blame is being put on you etc.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Since the products were picked by himself from the shop, there will be presumption that only after proper inspection of goods, product have been delivered after his approval. SO, damaged must have caused due to his mistake,

Also, VAT was payable by customer, so he himself has insisted to not to issue bill. (but ur default cannot be discarded for failure to issue bill ) . Use CCTV footage in evidence if installed in shop.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1) engage a lawyer and file detailed reply denying allegations made

2)deny that defective goods were sold

3) mention that customer did not want to pay taxes and hence no bill was raised

4) deny any abusive language was used

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Hi , it is advisable to appear before consumer forum and state your defence .. You can provide the cctv footage in court of his behaviour..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Appear in the court through an Advocate and seek time to file a reply.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You will have to and include all details in ur reply to petition. more can be advisable on perusal of consumer petition.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Appear in court seek time to file reply

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Contact a local lawyer

Mark your appearance before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Approach any local lawyer to get the documents pertaining your case from the court.

2. You Or Your lawyer need to present in the court when it come for hearing.

You may share the legal notice and discuss with any of the lawyer on the forum.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

There is no need to worry, just go there and put all your submissions alongwith the evidences and witnesses. You can also hire some local advocate for this.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

It is advisable to appear before court with a advocate and present your defence

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Did you not ensure the quality of products at the time of delivery?

What is your response to his claim?

If the damaged product was not supplied by you then you can make a defence, moreover you have admitted to sell the goods without bill but are in the habit of charging extra in the name of V AT, which is obviously an offence.

You have also employed some rude staff, who are not customer friendly.

In my opinion you may have to struggle to defend yourself.

Discuss defence strategy with your Advocate.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You may first appear before court and get the complaint copy.

Discuss with your Advocate at length and then work the strategies to defend your interests.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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