Send legal notice for full refund or delivery of correct order. If no response, file consumer complaint at Hyderabad since the cause of action arises from your place.
Can I file a complain against a company of another state?
I'm from Hyderabad (TG) and I'm into fashion so I ordered 350 t shirts from a manufacturer in Tiruppur (TN). We ordered 3 colors(Cream - Black - Green) of 180 GSM. But the company sent us 120 GSM and instead of green they sent us yellow. We are trying to contact them but they are not responding to our calls clearly they are trying to avoid us. We have all the evidence like the bill and messages screen shots. What can we do? Can we file a complain in Hyderabad or do we have file a complain in Tiruppur? What will be the procedure? Thank in advance!
Asked 4 years ago in Consumer Law
13 Answers
I presume there is no clause on your contract that in case of disputes legal proceedings have to be taken in TN
2) you can return the defective goods and sue the supplier to recover money paid by you with interest
There is no bar in filling a complaint assuming that there is no clause in the agreement that in case of any dispute between the parties, jurisdiction will lie at Trruppur. But the moot question here would be whether you would qualify as a consumer or not because if you are buying the same for resale or for commercial purposes then a consumer complaint cannot be filed. You will have to issue a legal notice and resort to civil suit for refund of money if after legal notice the fault is not remedied.
You can make complaint in the consumer forum of your city. And can provide all details in that online Consumer Forum.
Dear Sir,
Yes, you can. Complaint means that it may be about non-performance of a public duty or it may be about a criminal offence. Unless it is about a cognizable offense there are no laws or regulations.
If it is the latter, it is governed by section 154 CRPC. There is no restriction about the location of the suspect / offender. After registration of an First Information Report, investigation starts and it is for the police to follow the proper procedure.
Since the cause of action took place at Hyderabad, you can file a complaint in Hyderabad itself.
Before that you may issue a legal notice demanding the explanation or compensation agaisnt the loss or damages caused by them in this regard, if they rectify or comply with the demands made then yo may drop the further legal action,. if not you may proceed with the proposed legal action against them through court of law.
Since, you have all the documentary proof , hence you can get refund or replacement for the said items sent to you wrongly.
- Police will not take complaint from you in your city , hence you should sent a legal demand notice to the said manufacturer for the refund of the amount or to replace the same .
- If, no response within 15 days , then you can file a recovery case in your city court.
You can first issue them a legal notice and then if on notice they fail to replace the pieces or refund the amount a suit at Tirupurr wherein there office is located has to be filed for the refund of the amount paid.
You should file a case where you live if you want to file a criminal complaint.
A civil matter should be filed where he carries on his business.
You should file a criminal complaint and if the police does not respond then file a complaint before a magistrate.
The agreement between you and supplier needs to be perused for clarity which specifies jurisdiction for filing cases in case of dispute.
However, case on hand, you can return the goods which do not match your specification / defective goods to the supplier and can claim refund of money along with interest.
You can file case against the supplier before consumer forum if the clause gives jurisdiction to you at Hyderabad.
1. You can lodge complaint against that company in Hyderabad if you don't have any specific contract regarding Jurisdiction of dispute with that company.
2. Send a legal notice for replacement of goods and compensation for wrong product delivery.
3. If they doesnt reply to legal notice then You should file suit for claiming compensation for wrong product delivery and replacement of goods.
We suggest that you should firstly send a legal notice to the Company at their registered office and their e-mail informing them about the defective product. Generally the matters get sorted at this stage, however if the issue is still not addressed by the Company then you can file a complaint in the consumer forum.The Consumer Protection Act, 1986 provides:
Yes you can file consumed complaint as well as cheating complaint in the above case in the place of your state where the cause of action arises
