June 6, 2012

Legal Remedies: If a Department Store refuses to give bills for purchases made.

A twitter friend asked what to do if Department Store Refuses to give bill for items purchased.

Law is an art. Different advocates can give different advice on same legal question.

What is practicable and workable in each case has to be advised.


FOUR OPTIONS: 


(1) Simple Complaints (2) Suit (3) Representative Suit by 4 Person (4) Consumer Case

First, written notice should be given to Department store and bill should be asked to be given in 15 days for purchases made. It should be mentioned that if Bill is not received, legal action as may be advised will be taken.

Second: You must have some eye-witness who saw that you purchased goods from store, you asked for bill and employee of Store Refused to give bill.

Three: Also record conversation on mobile tape recorder. You can also make video or photo to support your case. This is important, because the Department Store may say that its employee has never seen you in his life, and you never purchased anything from store.

Four: It will have persuasive value if you mention in notice that you have some videotape or recorded evidence to prove your purchase.

Five: Most probably, department store will send you bill.

Six: if not then?

Try anything like:

1) Complaining to District Collector, Sales Tax Commissioner or Food Inspector or any relevant authority.

2) If notice is given by 4 persons, it is good. You can file Civil Suit in Public Representative Capacity and seek declaration that " You are entitled to Bill for items purchased and ask for damages and legal expanses"

Local advocate will advice you. Court fee may be less than Rs.100/- but lawyers fee expanses can go above 10k.

3) Suit and notice by 1 person is also maintainable.

4) Transfer of ownership of moveable properties, sale of goods Act, etc apply. Bill is necessary for you to assure you that you are not given stolen goods and to ensure your rights under Consumer Act.

5) Instead of filing Suit in Court, your advocate may also advise you to file complaint in Consumer Court. Even you yourself can file consumer complaint.

6) Go as per advice from your advocate.

Haresh Raichura
6th June.2012

Technology TIP: On iPhone there is application called EvidenceCam. It takes photo and Date, Time, Geo Location etc gets printed in photo. Ready to Use Evidence. Check out. It requires IOS 5 version. I have yet not checked this.