Legal Question in Consumer Law in India

Re: motorola handset

Is the problem with the phone or with your carrier?

Anyhow, file case in your father's name and then take a power of attorney from him authorizing you to fight the case on his behalf.

Re: motorola handset

You can submit to the court:

1. You are the purchaser and you purchased the phone out of your own money for the joint use of yourself and the father, hence you are a consumer;

OR

2. You and your father are joint owners and purchasers and purchased the phone from joint funds and father's name was given at the time of registration of phone because there is no provision for a phone number being listed under joint names, and hence you are a consumer;

OR

3. Your father purchased the phone for your benefit and you are the beneficiary of the goods / services purchased, hence you are a consumer. [Consumer Act says that a beneficiary of goods / services is also a consumer].

You can choose the best course as per circumstances. It will help if you get an appropriate affidavit from your father confirming whatever course you choose.

M C Gupta

Re: motorola handset

You can take POA from your father

Re: motorola handset

The Consumer Protection Act clearly defines the consumer as to include the beneficiary as well, please purchase the commentary of Consumer Protection Act and make a written pleading before Judge citing number of Judgements which define consumer