WHO
IS A CONSUMER? |
A Consumer
is any person who hires or avails of any services
for a consideration, and includes any beneficiary
of such service other than the person who hires
or avails of the service, when such services are
availed of with the approval of the first mentioned
person. |
WHAT
CONSTITUTES DEFICIENCY? |
| Deficiency
means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of
performance, which is required to be maintained
by or under any law for the time being in force
or has been undertaken to be performed by a person
in pursuance of a contract or otherwise in relation
to any service |
A consumer
may approach the consumer forum, for any defects/
deficiency in goods brought or services availed
from a company. However, under the consumer forum,
he has to be a consumer, i.e. he should have bought
the goods or hired services for his own personal
use, and not for any commercial purpose. |
| Example of “Defects
in goods" may be: |
|
• |
New
Television set brought not working properly,
|
| • |
New
Car brought, not running smoothly |
|
Examples
of “Services availed" may relate to: |
|
• |
Delay
in allotment of flat, |
| • |
Negligence
in conducting operation |
|
| WHO CAN FILE A COMPLAINT |
| A complaint may be filed by the
following |
|
• |
A
consumer |
| • |
Any
voluntary consumer association registered
under the Companies Act 1956 |
• |
The Central Government or
any State Government |
• |
One or more consumers where
there are numerous consumers. |
|
| ELIGIBILITY TO FILE A
CLAIM |
Any person
who |
• Has
bought goods for a consideration and finds any
defect in the quality, quantity, potency, purity
or standard of the goods |
OR |
• Has
hired or availed any service for consideration
and finds any fault, imperfection, shortcoming,
or inadequacy in the quality, nature and manner
of performance in relation to the service can
approach the courts |
However,
if a person has bought the goods for resale or
for a commercial purpose he is not a consumer |
HOW
TO FILE A COMPLAINT |
A complaint
should contain the following: |
• An
allegation in writing made by the complainant. |
| • The name description and
address of the opposite party |
| • The name description and
address of the complainant. |
| • Documents in support of
the allegation : |
|
a. |
Copy of the invoice |
| b. |
Copy
of the receipt |
| c. |
Copy of the warranty card |
| d. |
Copy of the complaint
in writing if any an all other correspondences |
|
• The
relief (compensation) asked for by the Complainant |
• The
complaint should be signed by the complainant
or by his authorized agent. |
•
No Court fee required |
• Complaint
can be presented before the Consumer Redressal
Forum by the complainant/authorized agent in person. |
| • A complaint can be sent
by registered post to be filed before the Consumer
Redressal Forum. |
JURISDICTION
- WHERE TO FILE COMPLAINT |
CONSUMER
COURTS AS PER VALUE / AREA OF CLAIM. |
The Consumer
courts are 3 tiered. |
| 1. District Consumer Disputes
Redressal Forums |
At the lowest
level are the District Forums and these are established
in each District and have jurisdiction to entertain
complaints where the value of goods or services
and the compensation if any, claimed does not
exceed Rs.20,00,000), and a complaint can be filed
in a District Forum within the local limits of
which |
|
a. |
the
opposite party resides or |
| b. |
carries
on his business or works for gain or |
| c. |
where
the cause of action arises. |
|
2.
State Consumer Disputes Redressal Commission |
|
The State Consumer Disputes
Redress Commission is established in each state
and these have jurisdiction to entertain complaints
where the value of goods or services and the compensation
if any, claimed exceeds Rs.20,00,000 (but does
not exceed Rs.100,00,000. |
| 3. National Consumer Disputes
Redressal Commission |
The National
Consumer Disputes Redressal Commission has jurisdiction
to entertain complaints where the value of the
goods or services and compensation if any claimed
exceeds Rs.100, 00, 000. |
| REMEDIES |
| In case
it is proved that there exists a defect in the
goods or that the services rendered were deficient
in nature the following remedies against the seller
are available to the Consumer. |
|
a. |
To
remove the defect pointed out by the appropriate
laboratory from the goods in question;
or;
|
| b. |
Replace
the goods with new goods of similar description,
which shall be free from any defect.
or;
|
| c. |
Return
to the complainant the price of the goods
or the charges for the services rendered.
and / or;
|
| d. |
Pay such amount as compensation
for any loss or injury suffered by the Consumer.
or; |
| e. |
Remove the deficiency in
the service.
and/ or; |
| f. |
Discontinue the unfair or
restrictive trade practice and not to repeat
them.
and / or; |
| g. |
Not to offer hazardous goods
for sale.
and / or; |
| h. |
Withdraw the hazardous goods
for sale
and / or; |
| i. |
Provide adequate costs to
the parties. |
|
| LIMITATION & APPEALS |
| Within what period can
a complaint be filed |
A complaint
should be filed at the earliest but not later
than TWO YEARS from the date on which the cause
of action arose. However the Court may entertain
the complaint after a period of 2 years if the
complainant is able to satisfy the court that
there was sufficient cause for the delay. |
| APPEALS |
An Appeal
from the order of the District Forum lies to the
State Commission, against the order of the State
Commission to the National Commission and against
the order of the National Commission to the Supreme
Court. |
All appeals
are to b filed within 30 days of the order appealed
against and are to be accompanied by a certified
copy of the order. |
|
