What to do if consumer is not paying after taking the services


Hi A consumer hired my services and ahas not paid even on demands, I cannot afford to file civil recovery suite for this as it takes lot of time. I approached District consumer Forum Siting the Duties of a consumer and Asked for PAyment from Consumer as releif. the District Consumer Forum Rejected my petition saying in consumer court only Consumer can file case for Negligence/Deficiency of service not the service provider. tell me what should i Do if you are an expert lawyer. i have enforced agreement and bill copy


Answers (4)

Dear,

In terms of the Consumer Protection Act, a consumer complaint, ordinarily, can only be filed by the following persons:

Under Section 12(1)(a)- by a consumer to whom the goods are sold or delivered or agreed to be sold or delivered or services are provided or agreed to be provided; or
Under Section 12(1)(b)- by any recognized consumer association; or
Under Section 12(1)(c)- by one or more consumers where there are numerous consumers, provided it is filed on behalf of or for the benefit of all the consumers having the same interest; or
Under Section 12(1)(d)- by the Government.

In this case, you are not a consumer but a service provider, hence you cannot file a consumer complaint against the consumer. If you cannot afford to file a money recovery suit, lodge a complaint with the police for cheating and criminal breach of trust and proceed further. If the police doesn't support you in registering an FIR against the consumer, file a private complaint in the jurisdictional magistrate court under sections 420 & 406 IPC and proceed further.


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as per the existing consumer laws only consumer can approach the consumer forum for reprehensible rights apprehended by the seller and the seller have only option to file a civil suit for recovery so be pleased to advices

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Initially legal notice has to be issued and in case the consumer does not adhere to the legal notice then, suit for recovery has to be filed, in case if the consumer is a Pvt Ltd or public ltd company then competition petition can be filed for recovery.

Hi

If you cannot afford a civil recovery suit then u can file a police case and file a cheating case.

U can file a criminal case directly if the police fails to accept your case.

You can approach criminal court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Consumer Court Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


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