Consumer Protection Act' 86 
 Know your Rights under this Act
Objective  Definitions Extent & Coverage Structure
     Who is a consumer      How to file a complaint
     Who can file a complaint     Relief available to the consumers
     What constitutes a complaint     Procedure for filling the appeal
     Where to file a complaint     Speedy Disposal

 Who is Consumer?

All of us are consumers of goods and services. For the purpose of the Consumer Protection Act,the word "Consumer" has been defined separately for "goods" and "services".

-For the purpose of "goods", a consumer means a person belonging to the following categories:

(i)One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;

(ii)It includes any user of such goods other than the person who actualy buys goods and such use is made with the approval of the purchaser.

Note :- A person is not a consumer if he purchases goods for commercial or resale purposes However, the word "commercial" does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.

- For the purpose of "services", a "consumer" means a person belonging to the following categories:

(i)One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;

i.It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.


 Who Can File aComplaint?

The following can file a complaint under the Act:-

- A consumer

- Any voluntary consumer organization registered under the Societies Registration Act,1860 or under the Companies Act,1956 or under any other law for the time being in force.

- The Central Government

- The State Government or Union Territory Administrations.

- One or more consumers on behalf of numerous consumers who are having the same interest

(Class action complaints)

- The legal heir or representative of consumer in case of his death.


 What Constitutes a Complaint?

Under the Act, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:-

- Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader.

- One or more defects in goods. The goods hazardous to life and safety, when used,are being offered for sale to public in contravention of provisions of any law for the time being in force.

- Deficiencies in services.

- A trader charging excess of price.

(i) Fixed by or under any law for the time being in force; or

(ii) displayed on goods; or

(iii) Displayed on any packet containing such good;


 Where to File a Complaint?

- If the cost of goods or services and compensation asked for is up to rupees twenty lakhs ,then the

complaint can be filed in the District Forum which has been notified by the State Governmentfor the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located.

- If the cost of goods or services and compensation asked for is more than rupees twenty lakhs , butless than rupees one crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.

- If the cost of goods or services and compensation asked for exceed rupees one crore then

the complaint can be filed before the National Commission at New Delhi.


 How to File a Complaint?

Procedures for filing complaints and seeking redressal are simple.

- Every complaint before the District Forum, the State Commission or the National Commission shall be accompanied with such amount of fee and payable in such manner as may be prescribed. ( A stamp paper is also not required) There should be 3 to 5 copies of the complaint on plain paper.

- The complainant or his authorized agent can present the complaint in person.

- The complaint can be sent by post to the appropriate Forum / Commission.

- A complaint should contain the following information:-

(a) The name, description and the address of the complainant.

(b) The name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained;

(c)The facts relating to complaint and when and where it arose;

(d)Documents, if any, in support of the allegations contained in the complaint.

(e) The relief which the complainant is seeking.

- The complaint should be signed by the complainant or his authorized agent.

- The complaint is to be filed within two years from the date on which cause of action has arisen.


 Relief Available to the Consumer:

Depending on the nature of relief sought by the consumer and facts, the Redressal Forums may give orders for one or more of the following reliefs:-

(a) removal of defects from the goods,

(b) replacement of the goods;

(c) refund of the price paid;

(d) award of compensation for the loss or injury suffered;

(e) removal of defects or deficiencies in the services;

(f) discontinuance of unfair trade practices or restrictive trade practices or direction not

to repeat them;

(g) withdrawal of the hazardous goods from being offered to sale; or

(h) award for adequate costs to parties.


 Procedure for Filing the Appeal:

Procedure for filing the appeal :-

- Appeal against the decision of a District Forum can be filed before the State Commission within a period of thirty days. Appeal against the decision of a State Commission can be filed before the National Commission within thirty days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of thirty days.

- There is no fee for filing appeal before the State Commission or the National Commission.

- Procedure for filing the appeal is the same as that of complaint, except the application should be accompanied by the orders of the District/State Commission as the case may be and grounds for filing the appeal should be specified.


 Speedy Disposal:

The thrust of the Act is to provide simple, speedy and inexpensive redressal to consumers' grievances. As far as possible the Fora are supposed not allow more than one adjournment for speedy redressal. To ensure speedy disposal of consumers' grievances, the following provisions have been incorporated in the Act and the rules farmed there under:-

- It is obligatory on the complainant or appellant or their authorized agents and the opposite parties to appear before the Forum/Commission on the date of hearing or any other date to which hearing could be adjourned.

- The National Commission, State Commission and District Forums are required to decide complaints, as far as possible, within a period of three months from the date of notice received by the opposite party where complaint does not require analysis or testing of the commodities and within five months if it requires analysis or testing of commodities.

- The National Commission and State Commissions are required to decide the appeal as far as possible, within 90 days from the first date of hearing.

 

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