Q. Why the consumer protection act ?
A. Because a consumer has a right to:-
*
SAFETY
*
INFORMATION
*
CHOOSE
*
BE HEARD
*
REDRESSAL
*
CONSUMER EDUCATION
“LEGAL PROVISIONS, HOWEVER, DO NOT ALWAYS WORK, UNLESS PUBLIC INSIST THAT THEY DO"
Q. Who is a consumer ?
A. All of us are consumers of goods and services.
A consumer under the Act is :
“One who buys any goods, hires 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.”
Q.Who can file a complaint ?
A. Any of these:-
* A consumer (as above).
* Any registered Voluntary Consumer Organisation.
* The Central Government.
* The State Government/U.T. Administration.
* One or more consumers, where there are numerous consumers having the same interest.
Q. When can a complaint
be filed ?
A. Under the Act, a complaint can be made in the following circumstances :
* If you have suffered loss or damage as a result of any unfair trade practices adopted by the trader.
* If the goods bought or agreed to be brought suffer from one or more defects i.e. fault, imperfection or shortcoming in the quality, quality, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied by or as is claimed by the trader in any manner what so ever in relation to any goods.
* If the services hired or availed of or agreed to be hired or availed of suffer from deficiencies i.e. 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.
* Service means service of any description which is made available to protential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or purveying of news or other information, but does not include the rendering of any service free of charge or under contract of personal service.
* If you have been charged a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods for any package containing such goods.
*Goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.
Q. Where can you file
the complaint ?
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A.If the cost of goods or services and compensation asked for is or less than Rs. 20 lakhs you can file a complaint in the District Forum at the undermentioned Address :
The President,
Consumer Dispute Redressal Forum,
(District Forum) Plot No. 5-B, Sector 19,
Chandigarh.
If the cost of goods and services and compensation asked for is or more than Rs. 20 lakhs but less than Rs. One Crore the complaint can be filed with the State Commission at the undermentioned Address :
The President,
Consumer Dispute Redressal Commission
(State Commission), Plot No. 5-B, Sector 19,
Chandigarh.
If the cost of goods and services and compensation asked for is or more than Rs. One Crore the complaint can be filed with the National Commission functioning at 5th Floor, A Wing, Janpath Bhavan, Janpath, New Delhi110001.
Q.How the complaint be filed?
A.
Consumer
can lodge their complaints regarding quality, quantity, potency, purity, standard
and relating to services etc. up to 20 lakh with the District Forum and exceeding
Rs. 20 lakh and up to 1 crore with State Commission.
Consumer is required to file (3 + number of opposite parties) sets of complaints on plain
paper alongwith Affidavit/evidence either personally or through his representative.
Advocate is not necessary for filing and contesting the complaint.
Complaints up to Rs. 20 lakh are to be filed alongwith court fee in the shape
of Bank Draft/Postal Order in favour of The President, District Forum, U.T., Chandigarh,
and in the case of complaint above Rs. 20 lakh and upto 1 crore, Bank Draft/Postal
Order in favour of The Secretary State Commission, U.T., Chandigarh. The rates of
court fee are as under :—
District Forum
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1. Up to one lakh rupees-- For
complainants are under the
Below Poverty Line Holding
Antyodaya Anna Yojana Cards :- NIL
2. Upto one lakh rupees-- For
complainants other than Antyodaya
Anna Yojana Card holders :- Rs. 100
3. Above one lakh and upto five lakh
Rupees :- Rs. 200
4. Above five lakh and upto ten lakh
Rupees:- Rs. 400
5. Above ten lakh and upto twenty lakh
Rupees:- Rs. 500
State Commission
6. Above twenty lakh and upto fifty
lakh:- Rs. 2000
7. Above fifty lakh and upto one crore
Rupees :- Rs. 4000
Q. What information should be
contained in a complaint ?
A. The complaint should contain the following information :
* Name and complete address of complainant.
* Name and complete address of the opposite party or parties as the case may be.
* Date of purchase/service obtained.
* Amount paid for consideration.
* Items of goods with quantities/nature of service.
* Whether the complaint relates to unfair trade practice/defective goods/deficient service/charging excess price.
* Copies of bills/vouchers/receipts and copies of correspondence made, if any.
* The relief sought-whether removal, replacement or compensation.
Q. RELIEFS
A. The Forums/Commissions can order the following reliefs :
* Removal of defects from the goods.
* Replacement of the goods.
* Refund of the price paid or
-- Award of compensation for the loss or injury suffered.
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Click here for the Official Website of Ministry
Of Consumer Affairs, Food & Public Distribution
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