• Manhandling of stem cell

Case against LifeCell International: Stem Cell banking
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I had a planned delivery scheduled on 17th of May 2020 and it was well before communicated to the concerned company and the paramedical guy. After the delivery time still the paramedical person didn't reach and collect and when I queried of his absence, he mentioned that he doesn't have sufficient money to come over and requested me a favor of money. Since it was very awkward for me to digest the favor and he was sticking to the point of not coming to the place and collecting the sample. Upon request he arrived at 2 0 clock and again asked me 1000 Rupees, out of the humanitarian front I helped and the time was also running out of hand. 

As per the conversation till date with Lifecell executives and the sales persons, I should have been updated timely about the sample status as it relates to my wife and child. I didn't get any update and the executives were avoiding my calls and messages . In a certain conversation, I was told that, the kit is still in kolkotta with blue dart office and it hasn't been reached to Chennai before 72 hours which as per my opinion would have damaged the sample. With so irresponsible and life threatening activities, I want to file a case against this company with no ethical values and promote fraud activities.
I want my entire money back with legal action need to taken against this unethical and savage company.
Asked 4 years ago in Consumer Law

3 answers received in 10 minutes.

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16 Answers

You can make online complaint against company in the consumer forum and please to home ministry as well in this COVID19 situation. Plus Indian Medical Association.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

A case must be filed for deficiency in service in the state consumer disputes forum.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

This seems to be an absolute case of deficiency of service and unfair trade practice.

So you have a good case if you file case before the consumer forum tk seek refund of your money along with damages along with return of stem cell so you can preserve it with another such service provider. 

Do act accordingly. 

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

File complaint against company before consumer forum and seek refund of money paid by you 

 

also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
96948 Answers
7822 Consultations

You need to file a complaint with the ICMR and Medical Council of India against the company to get their all the certifications and registrations cancelled. 

Also file a case in the Consumer Court against them

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

During lock down courier service was not possible. But it is committed by them to deliver than this unfair trade practise. Send legal notice.  

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

File a case under section 420 of the ipc alongwith other sections. Take help of your local lawyer and act accordingly.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Dear querist, 

Its unfortunate to see such kind of negligence.

Yes, you can definitely file a case against the company and these are the legal options available for you:

1.You can file a criminal case under the appropriate sections of the IPC and will have penalizing effect on the accused. 

2. You can file a consumer complaint seeking compensation for the negligence and mental agony caused by such negligence. 

3. You can also invoke writ jurisdiction and approach the High court since such company can affect teh public at large. 

You will be getting all the money invested as well as compensation and a consequent criminal action against the company. 

In case you need my assistance in the matter, you can contact me for consultation or on linkedin, 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

 

Regards, 

 

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

1. This is tantamount to gross deficiency in service, which is actionable before Consumer Forum through a complaint to seek exemplary compensation.

2. If deficiency of service took place on 17.5.2020 then you ought to have first served a lawyer's notice to protest deficiency committed by him in his services, else you will have no documentary evidence to prove your case in the court.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

If he is service provider he can be booked under deficiency of service as per consumer protection Act. Otherwise only recovery suit is the remedy in civil court

Prashant Nayak
Advocate, Mumbai
32486 Answers
201 Consultations

Dear Sir,

You are suggested to serve a legal notice to the company and its employees for returning of the amount with interest and compensation for mental agony etc. If meaningful not done by then also, file the case under consumer laws before DCDRF of your areas. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Issue notice to them, followed by filing case before Consumer Forum seeking direction to refund money paid by you.

You can also claim, compensation, damages for mental tension and also litigation charges.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You need to start by sending legal notice to the company of negligence, fraud, harrasment, extortion. wait if they reply within 15 days of sending the notice. After 15 days you can approach the court and files a suit. You can also file FIR for criminal action and claim compensation through civil suit.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

You can issue  a legal notice to them seeking compensation for the deficiency in service and also demand refund of your amount with interest.

If there is no response or they do not comply with the demand made, you may better file a consumer case against them for the same reasons and seek relief and remedy accordingly.

 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

issue a legal notice through an advocate and file complaint before District consumer for Defeincy of services. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. You should lodge FIR against company and its executives for criminal breach of trust and fraud. 

2. You should also file a case before consumer forum for recovery of money paid to them with interest and compensation for delay and harassment suffered by you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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