Consumer protection act 1986 gives the right to consumers to get remedies for the supply of defective goods and products by companies. But what if the court rejects your complaint application by stating that you should be beware of the goods that you are purchasing?
Recently in the case of Debashis Sinha and Others v. M/S RNR Enterprise represented by its Proprietor/Chairman, Kolkata and Others, judgment was delivered by the National Consumer dispute redressal commission where it turned down the application of the complainant by stating that the consumer had not taken due caution while making the purchase of a flat from the developer.
A division bench of the Supreme court led by Justice S Ravindra Bhat and Dipankar Dutta held that NCDRC has committed an error while rejecting the complaint of the petitioner on the ground that he should have taken due care while making the purchase.
It is the responsibility of NCDRC to entertain the application filed by consumers and provide the available remedy to the aggrieved person.
“Once the NCDRC arrived at a finding that the respondents were casual in their approach and had even resorted to unfair trade practice, it was its obligation to consider the appellants’ grievance objectively and upon application of mind and thereafter give its reasoned decision. If at all, the appellants had not forfeited any right by registration of the sale deeds and if indeed the respondents were remiss in providing any of the facilities/amenities as promised in the brochure/advertisement, it was the duty of the NCDRC to set things right,” the Supreme Court observed.