Under
the consumer Protection Act 1986, a consumer can file a complaint for defective
goods or deficient services. A consumer is a person who purchases a product
(item or goods) or hired a service for consideration for his personal use and
not for commercial use or running a business.
Section 2(d) of the Consumer Protection Act, 1986 defines
the consumer as under:
person
who-
(i)
buys any goods for a consideration which has been paid or promised or partly paid
and partly promised, or under any system of deferred payment, and includes any user
of such goods other than the person who buys such goods for consideration paid
or promised or partly paid or partly promised, or under any system of deferred
payment when such use is made with the approval of such person, but does not
include a person who obtains such goods for resale or for any commercial
purpose; or
(ii)
hires or avails of any services for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment,
and includes any beneficiary of such services other than the person who hires
or avails of the services for consideration paid or promised, or partly paid
and partly promised, or under any system of deferred payment, when such services
are availed of with the approval of the first mentioned person;
Any person who obtains the goods
for ‘resale’ or commercial purposes’ is
also not a consumer
Who
can file a complaint?
Under
the consumer Protection Act, following can
file a consumer complaint:
(a)
a consumer; or
(b)
any voluntary consumer association registered under the Companies Act,1956 or
under any other law for the time being in force, or
(c)
the Central Government or any State Government,
(d)
one or more consumers, where there are numerous consumers having the same
interest.
In
addition to the above following persons can also file a complaint:
Beneficiary of the goods/services
:
The definition of consumer itself includes beneficiary of goods and services.
Hence a beneficiary of goods/ services can file a complaint under Consumer
Protection Act.
Parents of the child- The parents of a minor child can file a
complaint under the Consumer Protection Act.
Legal representative of
the deceased consumer :
The Consumer Protection Act does not expressly
indicate that the legal representative of a consumer are also included
in its scope. But by operation of law, the legal representatives can file a
complaint.
Legal
heirs of the deceased consumer : A legal heir of the
deceased consumer can also file complaint under the Consumer Protection Act.
Husband
of the consumer : A husband of a woman can also file complaint under the
Consumer Protection Act on behalf of his spouse.
A relative of consumer
:
A relative of the Consumer can also initiate and prosecute a consumer complaint when he/she is authorised
by the Consumer and complaint is originally signed by the consumer.
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