- By Azeez Nazar Sabri
In the era of consumerism, consumer is the king. Companies have throat
cut competition to reach consumers to sell their products and services. The
competition between the companies benefits consumers but sometimes, consumers purchase
goods or hire service under the influence of advertisements which claim high,
but find it substandard. If the consumer feels that he is purchased substandard
goods or availed deficient service, the remedy is available to him under the
Consumer Protection Act, 1986. He can file complaint in the consumer forum/commission
. These Forums/ commissions are the
quasi court and empowered to execute their order like the ordinary Civil Court.
Consumer has been
defined under section 2 (d) the Consumer Protection Acts, 1986 as “who
obtains goods or hire/avail service for consideration either
paid or partly paid or under any system of deferred payment but does not
include the person who purchase the goods for resale or commercial
purpose or avail service for commercial purpose.”
Section 2 (f) of Consumer
Act defines defects as “defect means any fault, imperfection or shortcoming in
the quality, quantity, 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, or] as is claimed by the trader in any manner
whatsoever in relation to any goods;
Section
2(1(g) of Consumer Act, 1986 defines deficiency of service as “deficiency means
any fault, imperfection, shortcoming or inadequacy in the quality, nature and
manner of performance which is required to be maintain 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”.
To sum up this we can say
that for any defective goods or deficient service the remedy is available only
in case where money is paid to the seller of goods or service provider.
There is no remedy if such goods or services are obtained or availed free
of cost or obtained for resale or commercial purpose. However, commercial purpose
does not include the use of such goods for earning livelihood by means of self-employment. Now
the services of various kinds are covered under Consumer Protection
Act,1986, i.e. Banking, Telecom, Airlines, Hospitalities, Amusement,
Electricity and Water e.tc.
If
there is any manufacturing defect in the goods or there is any shortcoming or
deficiency in the service, the consumer can give a notice to the seller of
goods or service provider to cure the grievances within a specified period. If
the grievance is unheeded within the stipulated time, the consumer can move to
the consumer forum by filing a complaint against the seller of goods/ service
provider, who has provided defective goods or deficient services.
The procedure of
filing a consumer complaint in India is very simple. Section 12 of consumer
protection Act,1986 provides the procedure to file a complaint. There is no
particular format of complaint though some fee has to be attached with it in
the form of postal order. The name of parties and their addresses, grievances
and relief sought should be mentioned the complaint. The fee varies on the
value of claim made in the complaint. The complaint should be addressed to
the president of the forum/or Chairman of Commission. The jurisdiction of the
forum/ Commission depends upon the pecuniary value of complaint and place of
residence of the parties and cause of action. The hierarchy of the
consumer courts is divided in three categories, i.e. District consumer
forum, State Commission and National Commission. The complaint upto twenty lacs
can be filed before District Consumer Forum and Complaint above twenty lacs
upto 1 crore can be filed directly before State Commission and complaint for
more than 1 crore can be filed before National Commission. Appeal against the
order of District Consumer Form can be filed before State Commission and Appeal
against the State Commission can be filed before the National Commission.
However, the limitation
period for filing the complaint is 2 years. The complaint should be filled with
2 years from the date of cause of action. Appeal against the District Consumer
forum can be filed in State Commission. Appeal to State commission can be filed
is 50% of the amount ordered by District forum or RS. 25,000/, whichever is
less is deposited.
The Consumer Protection,
Bill 2018 has been approved by the Union Cabinet on 05th January,
2018, if the same is passed by the Parliament certain changes will be made in
the Consumer Protection Act, including pecuniary and territorial jurisdiction Consumer
of Forums and punishment for false and misleading advertisement.
For further details write
to azeez_nazar@rediffmail.com
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