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Article Published in the Express Magazine Dated
May 6, 2001
General Attorney : Rajiv K. Luthra
My name is Shashindra Krishna Das Menon and I
want to shorten it to Shashindra Krishna Menon?
What is the procedure?
Shashindra K D Menon, Cochin
For a change of name, you have to publish the
modification of your name in a local and national
newspaper. Thereafter, you have to declare on an
affidavit made on a non-judicial stamp paper that
you have changed your name from Shashindra Krishna
Das Menon to Shashindra Krishna Menon. To the
affidavit, you must annex any official document
containing your original name as proof of your
earlier name and the clippings of the newspaper
publications. This affidavit, which shouldl also
be signed by two witnesses, should then be
submitted for scrutiny and attestation to the
Sub-Divisional Magistrate. Upon scrutiny of the
above mentioned documents, the sub-divisional
magistrate shall attest the same and thereafter
issue a certificate permitting the change of name.
In case you are a passport holder, you are
required to get the passport booklet changed by
filling up a fresh application form and submitting
it with the Regional Passport Officer/Passport
Officer. Along with your application form you will
be required to attach the affidavit of change of
name and two original newspaper clippings of the
published notices.
I had purchased a split air conditioner unit
some time back. Even though it is in the warranty
period, the air conditioner has been giving
regular trouble. I've already sent it to the
workshop twice, without much difference. I am
completely harassed and would appreciate it if you
could enlighten me on my legal rights because
although I wish to file a case against the
company, I have misplaced the bill.
Kuldip Singh, Calcutta
The laws in our country are well equipped to
protect the interests of harassed consumers and
you may explore the following options: Under the
Sale of Goods Act, 1930, you may file a case at a
Civil Court against the seller, setting up the
breach of warranty, and sue the seller for
damages. But unless it had been otherwise agreed,
you may not have the right to reject the air
conditioner and treat the contract as repudiated
after execution of the contract.
However, being a consumer, it may be more
advisable for you to file a complaint under the
Consumer Protection Act, 1986, highlighting the
specific defects in the purchased air conditioner.
The procedure under this Act is much faster and
the remedy may be more efficacious. However, a
complaint against the seller or even against the
manufacturer under this Act must be filed within 2
years from the discovery of the defect. If the
District Forum is satisfied that the goods are
defective and do not possess the qualities assured
or warranted, it may issue an order to the
opposite party, directing them to either remove
the defect or replace the air conditioner with a
new one of similar description, but free from
defect, or return the price and to pay
compensation for any loss or injury suffered by
you. The order of that Forum shall be final unless
the aggrieved party files an appeal within a
period of 30 days from the date of such order.
As regards the issue of misplacing the bill, it
may be pointed out that if the purchase of the air
conditioner is denied by the opposite party, then
the onus of proving this fact shall fall upon you.
Since you have misplaced the bill, you may have to
prove the fact of purchase through other documents
which may include any correspondence between you
and the seller, warranty cards, service cards etc.
You may also try to seek a direction from the
Court/ Forum to summon the records of the seller/
manufacturer, as the case may be to prove this
fact.
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