What will happen if police notice by RPAD not taken?

Tilak Marg Forum for Legal Questions Forums Consumer Laws What will happen if police notice by RPAD not taken?

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    • #4808

      Sir,
      My cooker burst while cooking daal. The lid blew up and it went and stuck inside chimney made out of concrete which is above the stove area in the kitchen. Now my mom who was sitting next to the stove got sprayed with hot daal and got burns. The entire chimney kitchen walls pasted with daal from cooker. This cooker is of prestige company. I have narrated the entire incident to the prestige dealer from whom I purchased the cooker. He told no replacement he can give and he cannot compensate for the burns and walls pasted with daal. I had brought the cooker 3 months back with bill and also came with warranty. The warranty sheet tells this “We only accept returns if the item shipped to you is defective or damaged. The item should be returned to us within 7 days from the delivery date in original packaging. We will send you a new replacement unit as soon as we receive the return package. the product should be in unused condition. Refund if any will be through online payment only. There is no cash refund.” So I gave complaint to The President, District Consumer Forum, Amravati. Behind Circuit House, Jail Road Amravati against the shop keeper to give replacement or refund plus compensation. Now what happen is, I had called to tell all this daal story over phone to shop keeper. When cooker burst. At that time I had called shop keeper. Now what shop keeper did is: He gave complaint to police that I threatened him over phone. Police had called me on my phone. And told to come to station. I told send complaint copy. They did not send any copy of complaint. In meantime Consumer Court the shop keeper never appeared nor filed reply to my complaint, so Consumer Court has told me to file affidavit and then after they will pass the orders. But yesterday police notice came through post. I was not at home and so nobody took and it went back. Now I want to know what is the game plan of the shop keeper. He did not appear in consumer court, nor did he file reply nor anybody on behalf of him did appear or reply. But police again called today and told complaint is there against you and SI told not to call the shop keeper again and threaten him. Fact is I did not threaten him. Simply shop keeper gave complaint and wants to make me and my mom to come to police station so that he can coerce through police for out of court settlement which we do not want to do.

      As matter is already in Consumer Court. The matter is subjudice? I am fighting this alone without help of advocate. We have claimed 15 lakhs totally including costs, damages, compensation.

      I want to know the following:
      1. I am asking what happen if not taken police notice?
      2. What action can police take against me or my mom? Because police sent notice to both our names.
      3. What if we do not appear at all before the police?. My mother age is 70. Can she be compelled to go to police station?
      4. In this matter what to do? Can anybody help me?

      Please help.

    • #4810

      One more thing which I forgot to mention is:

      The shop keeper has appeared in the consumer court. He will sit on the chair along with everybody. But when case is called he wont stand up. Nor he has any advocate who will come and stand before judge. He will sit for sometime and then go. He never tried to speak to me or my mom when we are in court. And once while this case is going on, he had called on phone and told come and collect your money. When I asked how much money, he did not tell. I told if he want to send money or new cooker he can send it to my address. He neither sent money nor the cooker.

      What could be his intentions by doing like this?

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