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.

Legal Remedies: Preventive Steps When You fear physical injuries from Specific Enemies

You may be a public spirited fighter- Whistle-Blower. Or for some reasons you may be apprehending physical injury to yourself or to your family members from some specific persons.

It is prudent not to be in such situation in the first place.

But, if due to some reasons, you have enmity which cannot be resolved, then you have no option but take preventive steps.

You may need to understand Sec.150,151 and 164(5) of Code of Criminal Procedure.

Consult your own advocate before using following advice:

A) If you apprehend physical injury, address a letter to (1)Chief Justice of India, (2) Chief Justice of applicable High Court (3) District Superintendent of Police.

In subject write:  Application for protection of life under Art.21 of The Constitution of India, read with Sec.150, 151 of Code of Criminal Procedure.

Then, give name of suspected  persons who may inflict injury to you and their addresses. Add whatever you want to add.

Sign it and post it.

(For Your Knowledge: Under Art.21, HC and SC are expected to do something to you protect your life by giving orders to authorities. 

Under Sec.150, a police officer is bound to pass complaint to superior officer and inferior officer to take action. 

Under Sec.151, police can arrest any person who may be likely to cause harm to you or your family.)

B) If you fear that you may be killed to prevent you from giving evidence at a trial

Then, you can approach a Judicial Magistrate with application to record your evidence, even if trial has not begun under Sec.164(5). (Investigation must be pending)

Once, your evidence is recorded by Magistrate, your fear may go away.

C) PRACTICALITY:

Suggestion (A) has been tried by me in past for some clients many years ago. It worked.

I have no idea, how it way work in these days of corruption when criminals may be acting in consultations with police

Suggestion (B) has never been tried by me. No occasion arose. A Trial Court advocate may be knowing better than me.

Haresh Raichura
4th June,2012

Legal Remedies: You can also send food sample to Central Food Laboratory with nominal testing fee

If you suspect that some adulterated food is being sold at certain store, you have mainly THREE remedies.

1. Send a written Complaint to Food Inspector for the area

His name and area has to be notified in gazetted notification. He works under Manciple Corporation or such local authority. On Internet, you may be able to get details.

2. You can ask nearby Central Food Laboratory about quantity of item required to be sent by parcel (Usually 150 or 300 grams) and fees to be sent for analysis.

You are entitled to send sample for food analysis if Area Food Inspector is not doing his duty. A list of Central Food Laboratory is available on Internet. 

(In 1980 when in Gujarat, I had send a sample of spices of 150 grams and Rs.50 to Bhuj Central Laboratory in Gujarat. An analysis report was received in a month. I am not aware about present fees.)

If Food Laboratory tells you that sample is adulterated, you can again write to Food Inspector with report. 

In fact, laboratory may also send a copy of report to your area food inspector for taking further samples.

3. You can also privately prosecute any store-keeper for selling adulterated food. You have as much power as those of Food Inspector, to take samples and prosecute sellers.

But then, you have to follow all rules of taking sample, which a food inspector is bound to follow. Though Law gives such powers, this is not advisable unless assisted by lawyer. 

Haresh Raichura

4th June,2012