in Consumer Law
Asked June 16, 2021

Consumer Complaint

  • 1 Answer

I have been cheated by a seller who falsely claimed that an electrical toaster that he sold was genuine and completely safe. But it wasn't and led to injury. Should I file a complaint? Will he be punished?

Answer 1

Yes, absolutely. Falsely claiming a product to be genuine falls under ‘spurious goods’ as defined under Section 2(43) of the Consumer Protection Act, 2019. You can approach the District Consumer Commission or a criminal court and file a complaint. The Act prohibits manufacturing for sale, storing, selling, distributing or importing spurious goods. If the said goods cause injury, the punishment for the same is dealt with under Section 91. If the injury caused did not amount to grievous hurt, the punishment shall be imprisonment up to 1 year and fine up to Rs. 3,00,000. If the injury was grievous, imprisonment shall extend to 7 years and fine up to Rs. 5,00,000. The offence in such a case shall be cognizable and non-bailable. The court can also suspend the license issued to the seller for up to two years if it was the first offence and permanently if it is the second. 

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