Wednesday, 06.08.14 (178 views)

Misinterpretation Act 1967 is the new fraud buster

The law of Misinterpretation acts as a shield in protecting the consumer from being a prey of the fraudulent promises. Customers are often duped by sellers with false promises which they make while selling their products. If any of the products are sold with false description or with false packaging, then the customer can claim compensation or their money back under the Misinterpretation Act of 1967. This law can be enforced in the entire UK apart from Scotland, as they have their own law which resembles this act.

What is Misinterpretation?

A consumer can claim indemnity from the seller if the seller sells a product with some false promises. After the purchase if it proved that the promises made by the seller are completely false and it doesn’t match the actual character of the product the customer paid for then the consumer can claim for compensation from the vendor.
There are various categories in which we can divide the misinterpretation:
  • A fraudulent statement is made to the consumer with an intention of duping.
  • A false statement is made to the consumer under negligence.
  • A wrong statement is made to the consumer with sheer innocence.

When you are duped

A consumer is completely duped under fraudulent misinterpretation. A completely false picture of the product is conceived by the seller in front of the buyer. A mirage is created by the vendor for selling the product to the consumers. A completely careless statement is made about the product by the vendor which is completely untrue and the consumer pays for the goods or service. The entire statement is made by the seller intentionally to dupe the consumer.

Under such scenario you can claim your money back from the vendor. You can immediately discard the contract with the seller. As a consumer you must table your claim on the basis of fraud or negligence. If you have to establish fraud, then you must dissolve the probability of negligence.

When you are neglected

Under these circumstances the statement made by the seller is made under complete negligence. A seller sells his product with some claims which are made in a carefree way or under complete negligence. As a consumer you believe in his statement and pay an amount to buy the product. The crime comes under the normal law of the state and in some circumstances money can be recovered.

Innocently misinterpreted

Under such circumstances, either the consumer believes in the false statement made by the seller and signs a contract. When misinterpretation is detected in such cases the law allows the consumer to discard the agreement on immediate basis. Under section 2(2) of the misinterpretation act, the law doesn’t reward the consumer with monetary refund and cancellation of contract.

Gauge the damage

Once the misinterpretation is detected by studying the complaint of the consumer then the immediate remedy is prescribed to the consumer. Either the victim can claim for a financial benefit or compensation or they can discard the contract with the vendor.

The compensation and types of compensation are decided on the level of the misinterpretation and on the type of misinterpretation and by the time when the victim discovers the error.

The sooner the better

Never waste time, if you detect a misinterpretation then immediately report the error and ask for a favorable remedy from the court under this act. If you waste your precious time after detecting the crime of misinterpretation then the contract cannot be dissolved and in such scenario the court will be the only place of the solution. By delaying in reporting the misinterpretation you are encouraging and appreciating the present contract. It will ultimately put you into the back seat in front of the law.
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