Who can file a consumer Complaint



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.


( For further assistance fee free to write azeez_nazar@rediffmail.com) 

No comments:

Post a Comment

After LLB what to do LLM or MBA

By A.N. Sabri Although, advocacy is considered as a noble profession, some students pick law not as their first choice but as a last optio...