Asked in Civil
Yes, there r 2 ways.. u should get proper documentation for that 2nd hand purchase.. or u can make that purchaser as ur agent to buy online.. Bill not being in ur name is not a bar to file Consumer case. there are some case laws regarding that.. However ur warranty T&C is also important..
No agreement required! You can file compensation too! In reference to Donoghue vs stevenson Case. Famous case law regarding did non existent of a contract between consumer and manufacturer. This case was filed by Donoghue for a product bought by her friend, She lost the case and when she appealed, she won the case because she was the end user even without any agreement between, her and the company, and also between her and her friend. Fact of the case:Is there liability in negligence for injury caused by another in the absence of a contract? Decision: Appeal allowed. Manufacturers owe the final consumer of their product a duty of care (at least in the instance where the goods cannot be inspected between manufacturing and consumption). There need not be a contractual relationship, or privity, in order for the final consumer to sue in negligence.
With proper documentation of transfer of ownership, the second hand purchaser can definitely file a complaint before the Consumer Forum. This can be done by proper authorization from original seller alongwith bill of purchase.
Second owner can approach the consumer forum but he has to produce the authorisation letter or right of transfer of ownership letter got from the first owner to file a case.
NO, Only first consumer move to forum because the company liability only the first consumer. company don't knows rhe second consumer he know only first consumer.
Download the Vkeel app, which makes things easier as you can keep everything handy in your phone. You can book consultation with selected Lawyer.
Download Vkeel App