ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

LEGAL NOTICE FOR DEFECTIVE PRODUCT OR DEFICIENT SERVICE

Notice before a consumer complaint, under the Consumer Protection Act, 2019

Date: __________, at __________

__________

To: __________, __________

From: __________, __________ (email __________, telephone __________)

Subject: __________

Sir or Madam,

1. 1. What I bought or hired. On __________ I __________ from you and paid __________ by __________. The bill or receipt is __________. __________

1. 2. What is wrong. __________ I first noticed this on __________.

1. 3. What I have already done. __________

1. 4. Why I call this a defect or a deficiency. What you supplied does not do what it was sold or promised to do. In the Consumer Protection Act, 2019, a defect is a fault or shortcoming in the quality, quantity, potency, purity or standard of goods, and a deficiency is a fault or shortcoming in the quality, nature or manner of performance of a service. __________

1. 5. What it has cost me. __________

1. 6. What I require. Within fifteen days of receiving this notice, __________ __________

1. 7. If you do not. If you do not do this within fifteen days, I will file a consumer complaint before the District Consumer Disputes Redressal Commission, without further notice to you, and ask it for the relief it can order, which includes refund, replacement, removal of the defect or deficiency, compensation, interest and the costs of the complaint. I may instead go to the civil court, and in either forum I will ask for the cost of this notice and of the proceedings.

1. 8. Keep the evidence. Please keep the __________ safe and do not alter or destroy it, since it will be needed if the matter goes before the Commission.

1. 9. My other rights. This notice is sent without prejudice to my rights and remedies against you and against any other person answerable for the same fault, and I waive none of them. A reply sent to me at the address above will be read.

ENCLOSURES

__________

LEGAL BASIS

Punjab: The Consumer Protection Act, 2019 governs the complaint this notice prepares. A defect in goods is defined in section 2(10) and a deficiency in a service in section 2(11); a consumer who bought goods or hired a service for consideration, and not to resell or for a commercial purpose, may complain under section 35, and the District Commission, under sections 34 and 39, can order removal of the defect, replacement, refund of the price, compensation and costs. A complaint must be filed within two years of the day the cause of action arose (section 69). Where goods are sold, section 16 of the Sale of Goods Act, 1930 implies a condition that they are fit for the purpose the buyer made known and relied on the seller for (section 16(1)), and, where they are sold by description by a seller who deals in such goods, that they are of merchantable quality (section 16(2)). The remedy under the Act is in addition to any other law (section 100), so the buyer may instead sue in the civil court having jurisdiction, and an appeal from its decree goes to the District Judge or to the Punjab and Haryana High Court. An appeal from the District Commission's order goes to the State Commission within 45 days under section 41. No fee is payable on the notice.

Chandigarh: The Consumer Protection Act, 2019 and section 16 of the Sale of Goods Act, 1930 apply in the Union Territory in the same terms: the meanings of defect and deficiency in sections 2(10) and 2(11), the complaint under section 35, the relief in section 39, the two-year limit in section 69, and the implied conditions of fitness and merchantable quality in section 16(1) and 16(2). The District Commission serving the Union Territory hears the complaint, with an appeal to the State Commission within 45 days under section 41. The remedy is in addition to any other law (section 100), so the buyer may sue in the civil court at Chandigarh instead, with an appeal to the District Judge, Chandigarh, or to the Punjab and Haryana High Court. No fee is payable on the notice.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

The purpose of collecting the personal data in this notice is to identify the sender and the seller or provider, record the purchase, the fault, the earlier complaints and the demand, and let the demand be met or a consumer complaint be filed if it is not.

The record will be held by __________ and may be shared with the seller or service provider, any person to whom a copy is sent, the sender's advocate, and the Commission or court in which a complaint on the matter is filed.

If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.

A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

Personal-data instruction: __________.

SIGNATURE

 
 
______________________________
Signature
Sender: __________
Place: ____________________
Date: ____________________