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Consumer lawyer Jehangir Gai says often, those approaching a consumer court lack proper evidence or documents.
If one keeps these vital requirements in mind, the going isn't complex.
Consider this: A broker lost a case for causing losses to an investor by making trades without his permission.
The reason: The broker's franchise had created a false email id of the investor to show the approval to invest had been secured.
But when the court sought the application form from the investor, there was no email id to be shown. The case took two years.
On one occasion, Gai didn't take up the case of an investor who had signed a document that had a clause allowing the broker to take investment decisions without being responsible for the losses.
Before you approach a consumer court, remember two aspects — it could be a time-consuming process and second, it won't be very cheap, as you will need a lawyer, unless you want to fight the case yourself.
As consumer lawyer Rajan Khosla says, the process has been made more complex by the courts.
“Earlier, consumer courts accepted complaints in the letter format. But over the years, they have become rigid and have started seeking proper affidavits, as is the case with other courts, making it very difficult for a consumer to navigate through the process without professional help.”
These new requirements prolong cases, as well as lead to rejections.
The most common mistake is absence of proper documentation. In case of disputes with car companies, consumers often approach the court seeking a replacement when their car has regular problems.
"But many of them, without even driving the car for some time, happily sign the 'job cards' issued during repairs, which say that the job has been best carried out," says Gai. He suggests while signing the 'job card', add the words 'subject to trial' because otherwise, the car company will claim you have said the problems have been resolved. More importantly, keep a copy of the 'job card', as this enables you to prove problems persisted.
Also, consumers sign documents too easily. “Don't put your signature on anything without keeping a copy,” says a lawyer.
Often, those who repair domestic appliances ask you to sign a letter saying that you are satisfied with the repairs. But you aren't given a copy of the letter. In such cases, refuse to sign the letter.
When consumers speak to a customer care executive, on many occasions, they don't note down the complaint number.
“People land up in court and try to remember the number of times they called the company. When an operator says 'the call may be recorded for training purposes', the operative word is 'may'. No company will produce evidence against itself in court,” says Gai.
While buying an insurance policy or investing through a broker, always read the documents properly. Avoid merely signing at places ticked by a relationship manager.
Harsh Roongta, chief executive of Apnapaisa.com, suggests seeking professional help moving court against a builder. Also, involving a non-governmental organisation is helpful, as these entities are adept at handling such situations.
