Need for Consumer Protection Meaning of Consumer Different redressal Forums for Consumers, Rights of Consumers, Unfair Trade Practices, and Procedure for Filing Complaints
EXTENT AND COVERAGE OF CONSUMER PROTECTION ACT
-The Act applies to all goods and services unless specifically exempted by the Central Government.
-It covers all the sectors whether private, public or cooperative.
-The provisions of the Act are compensatory in nature.
-The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
-The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.
Need for Consumer Protection
The consumer protection Act, 1986, provides for the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.
Meaning of Consumer
WHO IS CONSUMER?
All of us are consumers of goods and services. For the purpose of the Consumer Protection Act, the word "Consumer" has been defined separately for "goods" and "services".
(A) For the purpose of "goods", a consumer means a person belonging to the following categories:
One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;
It includes any user of such goods other than the person who actualy buys goods and such use is made with the approval of the purchaser.
Note : A person is not a consumer if he purchases goods for commercial or resale purposes. However, the word "commercial" does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
(B) For the purpose of "services", a "consumer" means a person belonging to the following categories:
One who hires or avails of 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.
It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.
RIGHTS ENJOYED BY CONSUMER
1-Right to be protected against the marketing of goods and service that is hazardous to life and property.
2-Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices.
3-Right to choice wherever possible , access to a variety of goods and services at competitive prices.
4-Right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums;
5-Right to seek redressal against unfair trade practices unscrupulous exploitation of consumers.
6-Right to consumer education.
7-Right to clean and healthy environment.
Different redressal Forums for Consumers
The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels.
National Consumer Disputes Redressal Commission - known as "National Commission" deals with complaints involving costs and compensation higher than Rs. One Crore.
State Consumer Disputes Redressal Commissions - known as "State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty Lakhs and less than Rs. One Crore.
District Consumer Disputes Redressal Forums - known as "District Forum, deals with complaints involving costs and compensation less than Rs. Twenty Lakhs.
JURISDICTION
If the cost of goods or services and compensation asked for is up to rupees twenty lakh ,then the complaint can be filed in the District Forum which has been notified by the State Governmentfor the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located.
If the cost of goods or services and compensation asked for is more than rupees twenty lakh , but less than rupees one crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.
If the cost of goods or services and compensation asked for exceed rupees one crore then the complaint can be filed before the National Commission at New Delhi
COMPOSITION
Each District Forum shall consist of -
(a) A person who is, or who has been or is qualified to be, a District Judge, who shall be its President;
(b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely:-
(i)be not less than thirty-five years of age,
(ii) posses a bachelor's degree from a recognized university,
(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
Each State Commission shall consist of -
(a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President : Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;
(b) two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman :
The National Commission shall consist of-
(a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President:1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;
(b) not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:-
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognized university; and
(iii) be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
RELIEF AVAILABLE TO CONSUMER
Depending on the facts and circumstances, the Redressal Forums may give order for one or more of the following relief.
1-Removal of defects from the goods,
2-Replacement of the goods;
3-Refund of the price paid;
4-Award of compensation for the loss or injury suffered;
5-Removal of defects or deficiencies in the services;
6-Discontinuance of unfair trade practices or restrictive trade practices or direction not
to repeat them;
7-Withdrawal of the hazardous goods from being offered to sale; or
8-Award for adequate costs to parties
LIMITATION
The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which cause of action has arisen
Unfair Trade Practices
unfair trade practice" the detailed definition is given in the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act. 1993. It means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely :-
(a) false or misleading representation,
(b) bargain price
(c) offering of gifts, prize, contest etc.
(d) non compliance of product safety standard.
(e) hoarding or destruction of goods.
Procedure for Filing Complaints
Procedures for filing complaints and seeking redressal are simple. There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. ( A stamp paper is also not required). Three to five copies of the complaint on plain paper are required to be submitted by the complainant or his authorized agent in person or could be sent by post to the appropriate Forum / Commission.
A complaint should contain the following information:-
(a) The name, description and the address of the complainant.
(b) The name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained;
(c) The facts relating to complaint and when and where it arose;
(d) Documents, if any, in support of the allegations contained in the complaint.
(e) The relief which the complainant is seeking.
The complaint should be signed by the complainant or his authorized agent.
The complaint is to be filed within two years from the date on which cause of action has arisen.
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