Advocate Anuradha Deshpande

Questions Answered by Advocate Anuradha Deshpande

Q: How to deal with non compliance of order from consumer court

If the consumer court issue the final order and sent to collectors for its execution but collector refuse to execute. What should consumer court do.

Advocate Anuradha Deshpande answered
What is the case? And what is the operative part of order. From your query it seems that you have filed execution under section 27 of the Act. You can file execution under section 27 of the Act by filing separate execution proceeding.

Q: What is the validity of Self affirmed affidavit

I want to know whether self-affirmed affidavit in support of evidence in the complaint (Affidavit singed by self and not notarized) is valid in consumer court?

Advocate Anuradha Deshpande answered
Yes as per directives of state commission self affirm affidavit in support of complaint is valid in consumer courts. U have to sign on each page and affirm the contents on each page. Since last one year this practice is adopted by consumer courts

Q: Medical negligence case. What are my legal options ?

Can an online doctor’s reply / opinion can be produced as evidence in National Consumer Forum in a medical negligence case? If there is any precedence of similar case, then please let me know the details about the past case in which this kind of evidence is accepted by the courts in India.

Advocate Anuradha Deshpande answered
U can file online opinion of Doctor supported with affidavit. Instead of online reply u can file opinion supported with affidavit as a secondary evidence by receiving it by courier. Is neutral opinion is filed in the case?

Q: Advice please. Please tell me how to proceed ?

I have a ongoing case against a builder in nasik. The case is in state consumer court. The case is against the builder since he was asking for more money to give me my house.. Instead of doing a registration in the amount in which the deal was initially fixed. The case is going on since Oct 2003. Recently I have heard that he is trying to sell the same house to someone else inspite of the fact that the case in consumer court is still on. Plz suggest me what preventive legal action is to be taken against the builder so that he does not sell off the house to anyone else.

Advocate Anuradha Deshpande answered
File application for interim order to restrict him from creating third party interest till disposal of matter so that he was restricted. Also do paper publication for awareness about dispute of this flat

Q: Refund of Rs.36999/- for purchase HTC 10 smartphone

On 4th April'17 i ordered an HTC 10 from online portal snapdeal.com for Rs.36999/- & got it on 13 April but after a few days i found out that the portal had delivered a lower version of the phone with a degraded hardware configuration which costs atleast 7-8000/- less on other e-com portals instead of the one they had shown on their website. Now when i asked for a refund they refused by saying that the returnable period of 7 days had already lapsed. This way they not only sold me a lower version phone but also fleeced more money out of me. Even the rear side of box packing of HTC mentions it as lower version phone. I have maintained all the original bills along with the packing & accessories & screen shots of the product on their website for future reference. Also note that even today their portal continues display a higher version of this phone. Kindly advice whether i can sue them for this fraudulent sale.

Advocate Anuradha Deshpande answered
U can file consumer complaint before District Consumer Forum of your district claiming refund, compensation and cost. Also claim unfair trade practice. Send notice to snap deal and HTC. Made HTC as necessary party.