Legal Advice

Unfair trade practice adopted by carpenter

Question: After nearly five months, the carpenter referred to has consistently failed to complete the work on time as initially promised. Despite releasing funds in accordance with the work and timeframe, the carpenter has offered constant excuses and explanations for the delays. Furthermore, there have been issues with materials being delivered late. After waiting patiently for an extended period and having multiple follow-up attempts, the carpenter is now introducing false additional charges and harassing the client, even though 90% of the quoted amount has already been paid. The work was not supervised adequately, and there was no dedicated supervisor overseeing the project. Inspections were infrequent, typically occurring once every two weeks or even a month, and the client had to repeatedly contact the carpenter for progress updates. To address this situation, guidance on appropriate actions to take is requested.

Advise

You can claim damages to make good the loss you suffered due to unfair trade practices of carpenter. You can file a complaint in the State Consumer Disputes Redressal Commission under Section 47 of the Consumer Protection Act of 2019.

The Consumer Protection Act of 2019 in India addresses various aspects of consumer rights and protections. It includes provisions related to unfair trade practices, which are practices that are deceptive, fraudulent, or misleading to consumers.

These unfair trade practices can encompass a wide range of actions by businesses and sellers that are detrimental to consumers. The Act outlines several unfair trade practices, such as:

  1. False representation: Making false claims about the quality, standard, and grade of goods or services.
  2. False advertising: Promoting goods or services with misleading or false advertisements.
  3. Hoarding: Creating artificial scarcity of goods to manipulate their prices.
  4. Providing false warranties or guarantees.
  5. Charging a price in excess of the specified MRP (Maximum Retail Price).

The Act empowers consumers to file complaints against businesses engaging in unfair trade practices, and it establishes consumer protection authorities and councils to address such complaints. Penalties and remedies may include compensation to affected consumers, fines on businesses, and other appropriate actions to ensure consumer rights are upheld.

Overall, the Consumer Protection Act 2019 aims to strengthen consumer rights, regulate business conduct, and provide mechanisms for addressing grievances related to unfair trade practices and other consumer issues.

Shivendra Pratap Singh

Advocate

High Court Lucknow

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