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buyers beware!
The company that sold you the sauna belt can be hauled up on three counts: (1) for making false promises about the product , (2) for selling a product that did not match the description or the claim made about the product and its performance and (3) for failing to keep up its promise of refunding the full amount paid by you. In other words, for unfair trade practice as well as for selling a defective product. So you can file a case against the company before the consumer court, seeking a refund as well as compensation for the disappointment and harassment caused. You can also ask for costs of litigation. You could also check on the internet if there are other consumers with similar complaints against the same company and the product and if so, you can all come together and file one class action suit.
I must quote here the order of the apex consumer court in the case of Smt Divya Sood vs Ms Gurdeep Kaur Bhuhi ”(RP no 3467 of 2006,). Here, in response to a case filed by a consumer against a Body Care programme alleging that even after paying Rs 10,500 and undergoing the treatment, she did not lose weight, the District Consumer Forum in Bangalore had directed that the money be refunded to the consumer and also a compensation of Rs 25,000 be paid. When this was confirmed by the Sate commission, the opposite party filed a revision petition before the National consumer Disputes Redressal Commission. Dismissing it, the apex consumer court said: “.We entirely agree with the findings recorded by the Fora below. Such tempting advertisements, giving misleading statements with regard to the alleged treatment, are increasing day by day and are required to be controlled so that persons may not be lured to pay large amounst to such bodies in the hope that they can reduce their weight by undergoing the so-called treatment. The amount awarded by the fora below is also on the lower side”. Even though this order pertained to a slimming programme, it would apply to false claims about slimming gadgets too. I bought a treadmill for Rs 35,000. It worked fine for about a month, after which it started malfunctioning, preventing my use of the product. Despite my repeated complaints, the company is not repairing it. I feel that the company is deliberately delaying the matter as the warranty is only for a year. What do I do? Write a formal letter to the dealer as well as the manufacturer, specifying the date on which the machine started malfunctioning and your repeated attempts at getting it rectified. Mention the dates on which you complained and if it was verbal, the person with whom you talked and even the time at which you complained. This will establish the fact that the machine became dysfunctional just after a month, yet the company did not bother to redress your complaint. Tell the company that they are guilty of selling a defective product and also providing a deficient after sales-service. If the company still does not respond positively, you can seek the help of the consumer court to get a refund as well as compensation.
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I
purchased a sauna belt on the basis of a claim made on my mobile, (through an SMS), that it would reduce the circumference of my waist by five inches in two weeks and that if it failed to do that, I would get back the entire money paid towards it. Even after four weeks of use, the belt did not reduce the fat, but the company is not refunding my money. What is my best option?
