How to sue the seller for bad product/ services in India DIY

I have a 1.5 years old case where in I purchased a cat-6 lan cable (50 metres) from ebay seller epresent (Ajay Patel) of Bangalore.

I hope the seller epresent (who's Ajay Patel) is dealing with selling of products on a regular basis in order to make a living of out it and it is not a solo sale deal by an individual seller. Note that the cause of action (the first date on which you raised the dispute) and filing of the case should be within 2 years.

However on receiving the cables I found that unless the length of the cut portion is less than say 10 feet you cannot get a Gigabit connection, otherwise the connection remains limited to 100 mbps only.

Was the any agreement between you guys that the cut will be of certain length? Was the product against the specification of what the seller intended to sell?

So a lot of email exchanges via ebay's messaging (all of them are still saved in ebay account with a copy in gmail) where in the seller finally replied that I have to send back the cable which I did at my own cost. After sending the tracking number of the courier finally they responded that they will process the refund, but till date they have not done that.

Since the seller has asked you to send back the cable and he will make the refund, it is implied that the seller has accepted his fault and that is why he was ready to refund you the money. Here, your case is strong.

Do I have a case?

Can I claim only the expenses bourne by me or any additional compensation for the harrassment?

It looks like you have a case. You can surely ask for refund + cost incurred for sending the cable back + compensation from the seller and for that you can send a notice (by yourself or through lawyer).

If the seller does not pay, which I think he will not, you will have to file the case before the Consumer forum. The seller is located in Bangalore, and you in Calcutta and hope you make the purchase in Calcutta, so you will get the jurisdiction of Calcutta.
 
Thanks for the reply. Yes he is a regular seller on ebay and I have even purchased (accidentally) a hard disk cover recently which is as per specification though. In one of the ebay links I found that may be ebay disputes fall under mumbai court's jurisdiction. Wondering if that will that be even true for consumer courts as well.

Yes, the cables were advertised as Cat 6 and also 1 Gbps speed compliant on ebay listing at that time
 
Thanks for the reply. Yes he is a regular seller on ebay and I have even purchased (accidentally) a hard disk cover recently which is as per specification though. In one of the ebay links I found that may be ebay disputes fall under mumbai court's jurisdiction. Wondering if that will that be even true for consumer courts as well.

Yes, the cables were advertised as Cat 6 and also 1 Gbps speed compliant on ebay listing at that time

Ebay, as a company, will always play safe and will have certain clause incorporated in there rules and regulations as per their preference. I think ebay's head office/ legal dept is at Bombay and they would prefer to face any suit in Bombay which will be easier to handle for them in terms of legal support and litigation cost.

Even I think HDFC has similar clause and the jurisdiction is in Chennai.

It is there document and they put the clause themselves but that does not mean it is binding on everyone. One day, a company will make its jurisdiction moon.

As a consumer, you can definitely sue the Bangalore based seller and you also need to make a party ebay in this suit. Since the transaction took place in calcutta, you can sue them in Calcutta too.
 
Supreme Court orders AMRI, a Kolkata based hospital to pay Rs 5.96 crore for medical negligence

Link:SC orders Kolkata hospital to pay Rs 5.96 crore for medical negligence - Times Of India

The Supreme Court on Thursday awarded a whopping Rs 5.96 crore as compensation to be paid by Kolkata- based AMRI Hospital and three doctors to a US-based Indian-origin doctor for medical negligence which led to the death of his wife in 1998.

A bench of justices SJ Mukhopadhaya and V Gopala Gowda asked the hospital and the three doctors to pay the amount within eight weeks to Kunal Saha, an Ohio-based AIDS researcher.

The National Consumer Dispute Redressal Commission (NCDRC) in 2011 had awarded Rs 1.73 crore to the doctor whose wife Anuradha Saha died in 1998 following faulty treatment administered at the hospital.

Raising the amount of compensation, the apex court also asked the hospital to pay an interest at the rate of six per cent to Saha.

The court said out of the total compensation amount, Dr Balram Prasad and Dr Sukumar Mukherjee will pay Rs 10 lakh each and Dr Baidyanath Halder will have to pay Rs 5 lakh to Saha within eight weeks.

The rest of the amount, along with the interest, will be paid by the hospital, the apex court said, adding that a compliance report be filed before it after payment of the compensation amount.

NCDRC had fixed the compensation on a direction by the apex court, which had referred Saha's appeal to it while holding the three doctors and the hospital culpable to civil liability for medical negligence which had led to the death of Anuradha.

Anuradha, herself a child psychologist, had come to her home town Kolkata in March 1998 on a summer vacation. She complained of skin rashes on April 25 and consulted Dr Sukumar Mukherjee, who, without prescribing any medicine, simply asked her to take rest.

As rashes reappeared more aggressively on May 7, 1998, Dr Mukherjee prescribed Depomedrol injection 80 mg twice daily, a step which was later faulted by experts at the apex court.

After administration of the injection, Anuradha's condition deteriorated rapidly following which she had to be admitted at AMRI on May 11 under Dr Mukherjee's supervision.

Saha, in his plea before NCDRC, had demanded a record Rs 77 crore compensation.

While awarding Rs 1,72,87,500 compensation to Saha for his wife's death, NCDRC had held the US doctor responsible for contributing to the negligence committed by the three Kolkata doctors and the hospital and had ordered 10 per cent deduction in the amount of compensation making it Rs 1.55 crore.

Another doctor involved in Anuradha's treatment, Abani Roy Chowdhury had passed away during the pendency of the case.

As Anuradha's condition failed to improve, she was flown to Breach Candy Hospital, Mumbai, where she was found to be suffering from a rare and deadly skin disease--Toxic Epidermal Necrolysis (TEN). She died there on May 28, 1998.

Justice is served, though after 14 years. The total amount of compensation and interest will be around 11 crores. This is one of the highest amounts ever given in consumer cases.
 
Yes, the cables were advertised as Cat 6 and also 1 Gbps speed compliant on ebay listing at that time

Is the cable branded? Is it printed "cat 6" on the outside?

(((As an offtopic aside, although I bought many an unbranded flylead, for office use, from a trusted shop in London, I would never have bought any bulk cable that was not branded, eg Belkin. It is just not worth saving paise on stuff like that. It is not as if one pays audiophool cable prices, just the price for what it is. Buy branded!)))
 
In one of the ebay links I found that may be ebay disputes fall under mumbai court's jurisdiction. Wondering if that will that be even true for consumer courts as well.

Even I think HDFC has similar clause and the jurisdiction is in Chennai.

And now DTDC :yahoo:

Source: Welcome to DTDC

22) Any dispute or differences arising from this consignment shall be referred to adjudication by a sole arbitrator DTDC shall be entitled to nominate the sole arbitrator to adjudicate any dispute differences or claims arising out of this consignment , the venue of arbitration shall be at Bangalore courts at Bangalore shall have the exclusive jurisdiction all claims arising from this consignment.
 
Now there is a good news from a consumer point of view. Earlier a consumer was able to file a case where the cause of action took place, seller operates or had an office/ branch. Now a consumer can file a case where he resides or where he works irrespective of the place of cause of action or the location of sellers office.

e.g. A resident of Bombay goes to Delhi and buys a TV from a seller in Delhi (assuming that the seller does not have any branch office outside Delhi). In case there is something wrong, the buyer can sue the seller at Bombay.
 
Supreme Court orders AMRI, a Kolkata based hospital to pay Rs 5.96 crore for medical negligence
Link:SC orders Kolkata hospital to pay Rs 5.96 crore for medical negligence - Times Of India

Justice is served, though after 14 years. The total amount of compensation and interest will be around 11 crores. This is one of the highest amounts ever given in consumer cases.

No wonder doctors prefer to get hundreds of tests done for even a simple diagnosis. Gone are the days of family physicians and simple treatments.
I went to a doctor with fever and I had to shell out a fortune (even though I am associated with the medical profession indirectly) just to get diagnosed with a viral fever at the end ! Doctor's point was that he had to be sure before starting the treatment.
 
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