Ramesh ordered a smartphone online for ₹18,500. The advertisement promised a 64‑GB storage and a 5000 mAh battery, but the delivered phone has only 32 GB and a 3000 mAh battery, causing frequent shutdowns. (a) Identify three consumer rights that have been violated. (b) Explain the legal remedies available to Ramesh under the Consumer Protection Act. (c) Outline the procedural steps Ramesh should follow to obtain redress, mentioning the evidence he must collect and the appropriate forum for his claim.
Answer
The rights violated are the right to safety, the right to information and the right to choose; Ramesh can seek replacement, refund or compensation by filing a written complaint with the State Consumer Disputes Redressal Commission (claim exceeds ₹1 lakh). He must attach the purchase invoice, screenshots of the advertisement, a defect report or expert opinion, pay the prescribed fee, and then attend the hearing to obtain the appropriate relief.
Step-by-step solution
- Identify the specific rights: (i) Right to safety – the phone’s battery is substandard and unsafe; (ii) Right to information – the advertised specifications are false; (iii) Right to choose – Ramesh was denied the product he selected based on correct information.
- State the legal remedies under COPRA: consumer may demand replacement with the correct model, a full refund of ₹18,500, or monetary compensation for inconvenience and loss of use.
- Determine the monetary value of the claim (₹18,500) which is above ₹1 lakh, so the appropriate forum is the State Consumer Disputes Redressal Commission.
- List the evidence Ramesh must gather: original order receipt/invoice, screenshots or print‑outs of the online advertisement showing the promised specs, a technical report or expert opinion confirming the defect, and any correspondence with the seller.
- Explain the procedural steps: (i) Draft a written complaint stating the facts, the rights violated and the relief sought; (ii) Attach all evidence and pay the prescribed filing fee; (iii) Submit the complaint to the State Commission; (iv) The commission issues a notice to the seller, conducts a hearing, and passes an order granting replacement, refund or compensation as appropriate.
Common mistake: Skipping the step of attaching advertisement proof or filing the complaint in the wrong tier of forum
Concept tested: Violation of consumer rights and remedies
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