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Consumer forums cannot be used to extort money for unjust enrichments

Consumer forums cannot be "used to extort money for unjust enrichments", a consumer forum in the city said while disposing a matter where a man had sought compensation of around Rs 5 lakh for allegedly being duped by a mobile phone seller.

The complainant, advocate Hari Shankar Rai, said the phone had a camera of lower resolution than promised by the seller and also did not have a FM radio. While seeking the hefty compensation, Rai claimed he suffered a loss of around Rs 50,000 on account of the phone, which he had purchased for Rs 3,000. Though the forum awarded him a compensation of Rs 5,000, it observed that Rai's claim was "hard to believe" and there was no evidence to prove that he suffered such a huge loss on account of the phone.

East district consumer disputes redressal forum also imposed a cost of Rs 20,000 on D2H mobile shop in Okhla Industrial Area for indulging in unfair trade practices to promote sale of its products by misrepresenting facts. "..No one can use forums to extort money for unjust enrichment. But since this case affects the public at large as the respondent used print media to lure customers, we impose punitive damages of Rs 20,000," the bench presided by N A Zaidi said.

Rai had said he was "lured" into buying the phone after seeing an ad in a famous Hindi daily in 2012. He said the ad claimed the phone would have a 3.2 megapixel camera, FM, MP3, MP4, Bluetooth, 3G, etc.

 Article referred: http://timesofindia.indiatimes.com/city/delhi/Rs-5-lakh-claim-for-phone-irks-forum/articleshow/47942474.cms

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