What are the Important Features of the C.P. Act?
It applies to all goods and services unless specifically exempted by the Central Government. - It covers all the sectors ? private, public and cooperative. - It provides an additional remedy. - The provisions of the Act are compensatory in nature. - It provides adjudicatory authorities, which are simple, speedy and less expensive. - It also provides for Consumer Protection Councils at the National, State and District levels.
What Consumers? Rights are guaranteed under Consumer Protection Act, 1986?
Consumer is having the following six consumer rights under the Act: 1. Right to Safety 2. Right to be Informed 3. Right to Choose 4. Right to be heard 5. Right to seek Redressal 6. Right to Consumer Education.
Who is a consumer?
A person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services.
Who is a not a consumer?
A person: who obtains goods free of charge? who avails services free of charge? who obtains goods for resale or for any commercial purposes? who avails services for any commercial purposes? who avails services under contract of service? However, ?commercial purpose? does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.
Is a person buying goods or hiring services for business purpose can make a complaint?
No, goods or services meant for commercial purpose are excluded from the ambit of the Act unless it is meant for the purposes of earning his livelihood by means of self employment;
Who can make complaint?
A Complaint can be made by a Consumer; any Voluntary Consumer Association; the Central Government or State Government one or more consumers , where there are numerous consumers having ? the same interest and legal heir or representative in case of death of a consumer.
What are Consumer Disputes Redressal Agencies?
These are quasi-judicial bodies established under the Act to provide simple, speedy and cheap redressal to the grievances of the consumers. These have been established at three levels: District, State and National known as: ? District Consumer Disputes Redressal Forum or District Forum ? State Consumer Disputes Redressal Commission or State Commission ? National Consumer Disputes Redressal Commission or National Commission
Where the complaint can be filed?
Before the District Forum, if the value of the goods or services and the compensation if any claimed is up to ` 20 lakh - Before State Commission, if the value of the goods or services and the compensation if any claimed exceeds 20 lakhs, but is within 1 crore. - Before National Commission, if the value of the goods or services and the compensation if any claimed exceeds ` 1 Crore.
In which city or state should the complaint be filed?
A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises. the consumer cannot file complaint where he resides.
Where the District Forum is located?
A "District Forum" has been established by the State Government in each district of the State. In case of need, State Government can establish additional forums in a district. The information regarding the District Forum can be obtained from the District Collector/ District Magistrate of the District. The information regarding the address and contact details of the District Forums can be also be obtained from the website of NCDRC http://ncdrc.nic.in/
Where the State Commission is located?
The State governments have established one State Commission in each state, which is mostly located in the state capital. The information regarding the address and contact details of the State Commissions can be also be obtained from the website of NCDRC http://ncdrc.nic.in/
Where the National Commission is located?
The Central Government has established one National Commission, which is located in New Delhi. The Address of NCDRC is Upbhokta Nyay Bhawan, 'F' Block, GPO Complex, INA, New Delhi-110 023. The detail regarding functioning of the NCDRC can be obtained from the website of NCDRC http://ncdrc.nic.in/
What is the procedure for filing the complaint?
A complaint can be presented by the complainant in person or by his agent. It can even be sent by registered post along with the court fee. Normally three copies of 8 the complaint are required to be submitted out of which one retained for the official purpose, one is forwarded to the opposite party and one is the for the complainant. In case the number of opposite parties is more correspondingly more copies of the complaint are required.
Does consumer needs an advocate to represent his case in the Forum?
Consumer Forums are quasi ?judicial bodies to provide simple and speedy justice. These have been kept fee from the complicated judicial procedures. the manner is quite informal and free from the sickles of the Civil Court. there is no need for of advocate or any other pleader and consumer can himself or through his representative file and represent his complaint.
What particulars should be furnished in the complaint?
Name, description and address of the complainant; ? Name, description and address of the opposite party or parties; ? Facts relating the complaint and when and where it arose; ? Documents ?if any? in support of allegations ? Relief, which the complainant is seeking.
What is the time limit for filing the complaint?
The complaint shall be filed within two years from the date on which the cause of action has arisen. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected. This is also known as the limitation period for filing the complaint.
How to make the payment of the Court fee?
Every complaint filed before District Forum/ State Commission/ National Commission shall be accompanied by a fee as specified, in the form of crossed Demand Draft drawn on a nationalized bank or through a crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated. The concerned District Forum shall deposit the amount so received.
What reliefs are provided by Consumer Fora?
The Consumer Fora can order the following reliefs: to remove the defect pointed out by the appropriate laboratory from the goods to replace the goods with new goods of similar description which shall be free from any defect; to return to the complainant the price, or, as the case may be, the charges paid by the complainant; to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. The District Forum shall have the power to grant punitive damages in such circumstances as it deems fit; to remove the defects in goods or deficiencies in the services in question; to discontinue the unfair trade practice or the restrictive trade practice or not to repeat it; not to offer the hazardous goods for sale; to withdraw the hazardous goods from being offered for sale; to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently. The minimum amount of sum so payable shall not be less than five percent of the value of such defective goods sold or service provided, as the case may be, to such consumers: to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; to provide for adequate costs to parties.
What if the consumer is not satisfied with the order of the Consumer Fora?
Any consumer who is aggrieved by the order of a consumer forum can prefer an appeal in the higher fora within a period of thirty days from the date of the order. The appeal can be preferred: ? against order of the District Forum before the State Commission ? against order of the State Commission before the National Commission ? against order of the National Commission before the Supreme Court.