Consumer Rights Violation Case

Summary

Rohan Gupta purchased a defective laptop from Kashti E-commerce Pvt. Ltd. And faced inadequate customer service despite multiple complaints. The Consumer Protection Act, 2019, mandates sellers to replace or refund defective goods, which the company failed to do. Gupta is entitled to a full refund and compensation for inconvenience under Sections 39(2)(a) and 39(2)(c) of the Act. Legal citations include the Consumer Protection Act, 2019, Bare Act with Short Notes by Universal Law Publishing, and Commentary by Dr. Avtar Singh.

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Meeta

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#### *. Detailed Arguments **I. Violation of Consumer Rights** *. **Consumer Protection Act, ***: Under this act, consumers have the right to seek redressal for defective products. The act mandates that sellers must replace or refund defective goods. *. **Defective Product**: The laptop delivered to Mr. Gupta was defective, as evidenced by the technical inspection report (Exhibit D). The defects included a non-functioning motherboard and a cracked screen. *. **Failure to Redress**: Despite multiple complaints and following the return policy, Mr. Gupta did not receive a satisfactory resolution. The company’s inadequate response is a clear violation of consumer rights. **II. Inadequate Customer Service** *. **Multiple Complaints**: Mr. Gupta contacted customer service numerous times, documented in Exhibit B and Exhibit C. These documents show his persistent efforts to resolve the issue. *. **Ignored Complaints**: The company failed to provide a replacement or refund, demonstrating a disregard for the plaintiff’s rights as a consumer. **III. Entitlement to Relief** *. **Full Refund**: Given the defective nature of the product, Mr. Gupta is entitled to a full refund of the purchase price. *. **Compensation for Inconvenience**: The mental anguish and inconvenience caused by the company's failure to address the issue warrant additional compensation. Elaborate this and use legal citations and official legal books and mention the citations used in the context of this case

To elaborate on your arguments with legal citations:

I. Violation of Consumer Rights
*. Consumer Protection Act, *
- Section *(*): Defines 'defect' in any goods.
- Section *(*): Defines 'deficiency' in services.
- Section *(*): Specifies remedies including replacement or refund for defective goods.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
*. Defective Product
- Evidence: Technical inspection report (Exhibit D) indicating a non-functioning motherboard and a cracked screen.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
*. Failure to Redress
- Section *(*)(a): Seller must replace or refund defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

II. Inadequate Customer Service
*. Multiple Complaints
- Evidence: Documented complaints in Exhibit B and Exhibit C showing Mr. Gupta'spersistent efforts to resolve the issue.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
*. Ignored Complaints
- Section *(*): Mandates timely redressal of complaints.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

III. Entitlement to Relief
*. Full Refund
- Section *(*)(a): Entitlement to a full refund for defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
*. Compensation for Inconvenience
- Section *(*)(c): Compensation for mental anguish and inconvenience.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
Do you need any additional information on legal procedures or details on filing a complaint?

Rohan Gupta vs. Kashti E-commerce Pvt. Ltd. *. Summary of Facts Plaintiff: Rohan Gupta Defendant: Kashti E-commerce Pvt. Ltd. Case Type: Civil Litigation - Consumer Rights Issue: Protection / Exploitation of Consumer Rights Case Summary: Rohan Gupta ordered a high-end laptop from Kashti E-commerce Pvt. Ltd., which arrived defective. Despite multiple complaints and attempts to seek a replacement or refund, the company did not provide a satisfactory resolution. The plaintiff alleges that the company violated consumer rights by not addressing the defect and failing to comply with the Consumer Protection Act, *. The defence argues that the product was shipped in perfect condition and that the plaintiff's claims are inconsistent and unfounded. *. List of Exhibits Exhibit A: Order confirmation and receipt from Kashti E-commerce Pvt. Ltd. Exhibit B: Email correspondence between Rohan Gupta and Kashti E-commerce customer service. Exhibit C: Call logs of Rohan Gupta's attempts to contact customer service. Exhibit D: Technical inspection report detailing the defects in the laptop. Exhibit E: Company’s return policy documentation. Exhibit F: Shipping documentation and packaging details.

Meeta, here's a concise elaboration based on legal citations:

I. Violation of Consumer Rights
- Consumer Protection Act, *:
- Section *(*): Defines 'defect' in goods.
- Section *(*): Defines 'deficiency' in services.
- Section *(*): Remedies include replacement or refund for defective goods.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.

- Defective Product:
- Evidence: Technical inspection report (Exhibit D) indicating a non-functioning motherboard and a cracked screen.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

- Failure to Redress:
- Section *(*)(a): Seller must replace or refund defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

II. Inadequate Customer Service
- Multiple Complaints:
- Evidence: Documented complaints in Exhibit B and Exhibit C showingMr. Gupta's persistent efforts to resolve the issue.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.

- Ignored Complaints:
- Section *(*): Mandates timely redressal of complaints.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

III. Entitlement to Relief
- Full Refund:
- Section *(*)(a): Entitlement to a full refund for defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.

- Compensation for Inconvenience:
- Section *(*)(c): Compensation for mental anguish and inconvenience.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
Would you like more details on filing a complaint or legal procedure?

Make a draft memorial on this case in official indian civil court format

---
IN THE COURT OF [COURT NAME]
CIVIL SUIT NO. [NUMBER] OF [YEAR]
BETWEEN:
Rohan Gupta
...Plaintiff
AND
Kashti E-commerce Pvt. Ltd.
...Defendant
MEMORIAL ON BEHALF OF THE PLAINTIFF
---

*. Summary of Facts
- Plaintiff: Rohan Gupta
- Defendant: Kashti E-commerce Pvt. Ltd.
- Case Type: Civil Litigation - Consumer Rights
- Issue: Protection / Exploitation of Consumer Rights
Case Summary:
Rohan Gupta ordered a high-end laptop from Kashti E-commerce Pvt. Ltd., which arrived defective. Despite multiple complaints and attempts to seek a replacement or refund, the company did not provide a satisfactory resolution. The plaintiff alleges that the company violated consumer rights by not addressing the defect and failing to comply with the Consumer Protection Act, *. The defence argues that the product was shipped in perfect condition and that the plaintiff's claims are inconsistent and unfounded.
---

*. List of Exhibits
- Exhibit A: Order confirmation and receipt fromKashti E-commerce Pvt. Ltd.
- Exhibit B: Email correspondence between Rohan Gupta and Kashti E-commerce customer service.
- Exhibit C: Call logs of Rohan Gupta's attempts to contact customer service.
- Exhibit D: Technical inspection report detailing the defects in the laptop.
- Exhibit E: Company’s return policy documentation.
- Exhibit F: Shipping documentation and packaging details.
---

*. Detailed Arguments

I. Violation of Consumer Rights
*. Consumer Protection Act, *
- Section *(*): Defines 'defect' in any goods.
- Section *(*): Defines 'deficiency' in services.
- Section *(*): Specifies remedies including replacement or refund for defective goods.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
*. Defective Product
- Evidence: Technical inspection report (Exhibit D) indicating a non-functioning motherboard and a cracked screen.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
*. Failure to Redress

Index of authorities for this case

Index of Authorities for Rohan Gupta vs. Kashti E-commerce Pvt. Ltd.
I. Violation of Consumer Rights
*. Consumer Protection Act, *
- Section *(*): Defines 'defect' in goods.
- Section *(*): Defines 'deficiency' in services.
- Section *(*): Specifies remedies including replacement or refund for defective goods.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
*. Defective Product
- Evidence: Technical inspection report (Exhibit D) indicating a non-functioning motherboard and a cracked screen.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
*. Failure to Redress
- Section *(*)(a): Seller must replace or refund defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
II. Inadequate Customer Service
*. Multiple Complaints
- Evidence: Documented complaints in Exhibit B and Exhibit C showing Mr. Gupta's persistent efforts to resolve the issue.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
*. Ignored Complaints
- Section *(*): Mandates timely redressal of complaints.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
III. Entitlement to Relief
*. Full Refund
- Section *(*)(a): Entitlement to a full refund for defective goods.
- Citation: Consumer Protection Act, *, Commentary by Dr. Avtar Singh.
*. Compensation for Inconvenience
- Section *(*)(c): Compensation for mental anguish and inconvenience.
- Citation: Consumer Protection Act, *, Bare Act with Short Notes by Universal Law Publishing.
Would you like more details on the legal procedures or how to file a complaint?

Consumer Rights Violation Case

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