Legal Question in Consumer Law in India

India Today Book Club

India Today sent me some books which I didnot order instead of the ones I ordered.I paid by VPP with the postal charges extra.They are refusing to return my money and want me to send the books to them at my cost.I have already spent considerable time and money and donot want to spend any more.Looking at the members blog I found that they have done this to many members.What do I do


Asked on 10/05/07, 11:31 am

5 Answers from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants

Re: India Today Book Club

You can sue them under Consumer Protection Act in a consumer court / forum for deficiency of goods, provided you can produce proof that you asked for one thing and they sent another and refused to replace it free of cost. You will be entitled to replacement / refund, plus costs /compensation for harassment and legal expenses.

A notice may be sent to them before approaching the Consumer Forum. This is not compulsory but is advisable.

It would be better to let a lawyer draft the notice, though this is not a necessity.

Dr. M C Gupta

MD, LL.M.

ADVOCATE Member, Supreme Court Bar Association

Member, Indian Law Institute

[email protected]

http://www.medindia.net/myhome/mcgupta44

www.writing.com/authors/mcgupta44

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Answered on 10/05/07, 1:18 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: India Today Book Club

You got a strong case. You can sue them as there is deficiency of delivering the promised goods.

Go ahead!!

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Answered on 10/05/07, 3:01 pm

Re: India Today Book Club

Firstly lodge your complaint with India today and if necessity arise then approach the consumer court.

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Answered on 10/05/07, 3:14 pm
G. M. Gupta gmguptaandassociates

Re: India Today Book Club

file case in consumer court or civil court for damages and return of money.

file criminal case for cheating

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Answered on 11/09/07, 8:03 am
Amit Shukla AS and Associates Legal Services

Re: India Today Book Club

You can file a complaint in Consumer Forum against the club.

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Answered on 10/06/07, 12:15 am


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