Question
I personally paid 27 thousand rupees through online cash to an e-commerce site. They promised to deliver 18 mobiles, but after 1 year, they haven’t delivered the mobiles or refunded my money. Is it best to file a case in their name, and how can I file a case for the lesser amount?
Answer
You have legal recourse under Bangladesh’s Consumer Rights Protection Act, 2009. Here’s how you can proceed:
- Consumer Rights Violation:
Since you paid for goods (the 18 mobiles) that were never delivered, this amounts to a breach of contract and violation of consumer rights. Under Section 2(7) of the Consumer Rights Protection Act, you are entitled to a refund or delivery of the goods as promised. - Filing a Case:
You can file a consumer complaint with the Directorate of National Consumer Rights Protection (DNCRP). This is a simpler, faster process where you can claim compensation, a refund, or the delivery of the goods. The DNCRP has the authority to take legal action against businesses that violate consumer rights. - Small Claims Court:
If you want to file a case for a lesser amount (27,000 taka), you can approach the Small Claims Court, which handles cases involving amounts below 50,000 taka. You can file a civil lawsuit for the recovery of your money, including any compensation for mental distress caused by the delay and non-delivery. - Evidence:
Ensure you have all payment receipts, screenshots of communication, and any promises or advertisements from the e-commerce site. This evidence will be essential in court or when filing a complaint. - Legal Action Against the E-Commerce Site:
If the e-commerce company fails to respond or provide a resolution, you can file a case against them in a consumer court or civil court for the amount of the unpaid goods. The court will assess the situation and issue a verdict based on the available evidence. - Time Limit for Filing a Case:
You should take action as soon as possible, ideally within 3 years from the date of payment, as per the limitation laws in Bangladesh.