Recenty I bought a branded watch ( cost - Rs.11000 ) from a reputed dealer, with this watch i recieved a apple ipod as a gift. After using it i came to know that its a fake ( it was chinese copy of apple Ipod, which apple service center identified as not a geniun ipod).
on these grounds what can be done. Plz advise.
Tarun
New delhi
2007-08-08 09:53:38 · 8 answers · asked by Tarun 1 in Politics & Government ➔ Law & Ethics
The ‘apple’ ipod offered as a free gift along with a branded watch was in order to promote the sale of the branded watch. In order to promote the sale the dealer had adopted unfair method by falsely representing that the good i.e.ipod was original ‘apple’ ipod. This is a clear case of unfair trade practice & it can be complained with the District consumer forum from where you had purchased the watch. Now the question whether any good given as free with the original purchased should meet the standard which are disclosed about it can be covered under this provision of unfair trade practice or not. The answer in this particular case is yes because the very fact the consumer was attracted to buy the original product in this case the branded watch only on this offer the free gift of 'apple' ipod which happened to be fake, had the offer been for ipod not specifying the brand (or just mentioned 'an ipod') it belongs to the question of unfair practice would not arise, but in this case the mere mention that a free 'apple' ipod is being given on purchase of the said branded watch itself amounts to cheating & unfair trade practice. This is a very ticklish issue & has to be specifically argued from this point of view in the consumer complaint, otherwise the District consumer forum will not take much cognizance of such complaint with regard to a free gift which otherwise has not been paid for by the consumer. Definately this complaint can lay a very good precedent for such free offers usually given to promote the sale of goods by the manufacturers & dealers.
2007-08-08 17:09:27 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 1⤋
I was going to answer but then I saw Vijay M's comprehensive answer which is absolutely correct. As he says, you will have to make out a convincing case to show that you were induced to buy the watch only because of the promised branded gift, which turned out to be a cheap Chinese duplicate and therefore it is an Unfair Trade Practice. I trust you have all your documentation in order such as a report from the Apple centre stating that it is not a genuine Ipod. If they dont give you one, summon them as a Witness in your case. But do not expect this matter to be disposed off in less than 2 years, more if it is in Mumbai !!! (I see you are from Delhi, and presume that the Delhi District Forum is no more efficient than the Bombay Forum in disposal rates.) However, if you send a formal Notice to the watch dealer, he may prefer to give you a genuine Ipod rather than be involved in protracted litigation. A complaint letter to the press may also yield faster (and cheaper) results. Good luck.
2007-08-08 17:59:53 · answer #2 · answered by ? 4 · 2⤊ 0⤋
If you are induced to buy the watch by offering the Apple i pod, then it amounts to unfair trade practice and relief can be had from consumer forum in your area.
However, in your case, I am not sure you can make a case because the cost of the watch is Rs.11,000/- whereas the cost of an Apple i pod also comes some where around that amount. Therefore, in all possibility, in your case the seller might not have offerred Apple i pod along with the watch.
In such a case, you may not have a case.
2007-08-09 01:01:54 · answer #3 · answered by murali k 3 · 2⤊ 1⤋
Yes especially the cereals, absolutely nothing wrong with them. Some brand products and supermarket products are made in the same factory & packaged differently. We also buy asda value custard creams as the kids love them. Their own pizzas are great too. My dad is more fussy & likes the proper stuff but he's had tesco salad cream on his sandwiches all week & not noticed. If he sees the label he'd complain though!!
2016-05-17 08:22:45 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Begin with sending a legal notice to the Retailer. This is a serious case of counterfeiting and yes you can go to a criminal court for this.
Counterfeiting has been taken as a serious crime.
PS try to get the media involved.
2007-08-08 19:03:07 · answer #5 · answered by arpit m 2 · 2⤊ 0⤋
No, because this was a gift. If the watch was ok that you bought, you should accept the gift with the grace that it was given in
2007-08-08 10:04:25 · answer #6 · answered by rockandrollrev 7 · 1⤊ 0⤋
move to a real country...or spend 10700 and 300 on the ipod next time
2007-08-08 09:56:42 · answer #7 · answered by JS 4 · 0⤊ 2⤋
I agree with the opinion of Murali.K.
2007-08-09 01:55:46 · answer #8 · answered by Basheer 6 · 0⤊ 1⤋