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WHAT ARE MY RIGHT TO SEEK REDRESSAL AGAINST SUPPLIER OF A SERVICE ?

When a supplier fails to comply with the implied guarantee and that such failure is a minor problem which can be remedied, you should get the supplier to settle it within a reasonable time.

Where the supplier refuses to do so, you can get it solved elsewhere and have the supplier to pay for it or cancel the contract.

If the failure is of a substantial nature, you may cancel the contract or ask the supplier to pay for compensation.

In both cases, you may get the supplier to pay for damages for any loss suffered as a direct result of the failure.

There is one condition under which you may not seek for redressal against the supplier of the service. Where the failure to comply with an implied guarantee is due to misrepresentation made by a person other than the supplier or a cause beyond human control, you cannot get redress for not complying with an implied guarantee of fitness for a particular purpose or time of completion.

AS A CONSUMER, WHAT ARE MY RIGHTS AGAINST MANUFACTURERS OF A PRODUCT ?

Under the Consumer Protection Act 1999, where the implied guarantee regarding quality, repairs, spare parts or description and express guarantee is not being met, you have a right of redress against the manufacturer.

If a product does not comply with the implied guarantee, you can claim damages for the any loss or damage directly caused by the failure of the product to perform properly and for the reduced value of a product.

There are two conditions under which you have no right to seek redressal against the manufacturer.

Where the quality of the product is not up to standard and where the product does not comply with its description due to any fault or representation made by a person other than the manufacturer or due to circumstances beyond the human control which occurred when the product is no longer in the manufacturer's control, you have no right of redress against the manufacturer.

WHAT ARE THE ADVERTISING PRACTICES THAT A SUPPLIER OR MANUFACTURER SHOULD ADOPT ?

A supplier and manufacturer are prohibited to advertise, free items, gifts, or prizes which they have no intention of supplying. Additionally, the price of free items and the product or service should not be more than the normal price and there should not be any reduction in the quality and quantity of the product or service.

Advertising of products at a price which a supplier and manufacturer have no intention of selling at that price is prohibited.

Where there is claim that a product is limited, such claim must clearly includes the maximum offer for sale and the specific time period which the product is available.