 CONSUMER PROTECTION ACT 1986 [ COPRA]

This Act extends to all goods and services in the whole of India, except the State of
Jammu and Kashmir.
This Act requires:
 “Appropriate laboratory” means a laboratory or organisation—
(i) recognised by the Central Government;
(ii) recognised by a State Government, subject to such guidelines as may be
prescribed by the Central Government in this behalf; or
(iii) any such laboratory or organisation established by or under any law for the time
being in force, which is maintained, financed or aided by the Central Government or
a State Government for carrying out analysis or test of any goods with a view to
determining whether such goods suffer from any defect;

 “Branch Office” means—

(i) any establishment described as a branch by the opposite party; or
(ii) any establishment carrying on either the same or substantially the same activity as that
carried on by the head office of the establishment;

 “Complainant” means—
1. A consumer; or
2. Any voluntary consumer association registered under the Companies Act, 1956 or under
any other law for the time being in force; or
3. The Central Government or any State Government, who or which makes a complaint;
4. One or more consumers, where there are numerous consumers having the same interest;
5. In case of death of a consumer, his legal heir or representative

 “Complaint” means any allegation in writing made by a complainant that reports —

1. An unfair trade practice or a restrictive trade practice adopted by any trader or service
provider;
2. The goods bought by him or agreed to be bought by him suffer from one or more defects;
3. The services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect.

4. A trader or the service provider, as the case may be, has charged for the goods or for the
services mentioned in the complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in force;
(b) displayed on the goods or any package containing such goods;
(c) displayed on the price list exhibited by him by or under any law for the time being in force;
(d) agreed between the parties;

5. Goods which will be hazardous to life and safety when used are being offered for sale to the
public,—
(a) in contravention of any standards relating to safety of such goods as required to be complied with,
by or under any law for the time being in force;
(b) if the trader could have known with due diligence that the goods so offered are unsafe to the
public.
6. Services which are hazardous or likely to be hazardous to life and safety of the public when used,
are being offered by the service provider which such person could have known with due diligence to
be injurious to life and safety; with a view to obtaining any relief provided by or under this Act.

Central consumer Protection Council [ Central Council ]

The Central Government shall, by notification has established a Council known as the Central
Consumer Protection Council aka Central council .The Central Council consists of the following
members, namely:—
(a) The Minister in charge of consumer affairs in the Central Government, who shall be its
Chairman, and
(b) Other official or non-official members representing interests in consumer protection

Objectives of Central Council.

The objects of the Central Council shall be to promote and protect the rights of the consumers such
as , —
(a) The right to be protected against the marketing of goods and services which are hazardous
to life and property;
(b) The 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.
(c) The right to be assured, wherever possible, access to a variety of goods and services at
competitive prices.
(d) the right to be heard and to be assured that consumers’ interests will receive due
consideration at appropriate forums;
(e) the right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers; and
(f) the right to consumer education.

State Council { Consumer Protection Council }

The State Council is established by the state governments and consists of the following members:—

(a) The Minister in charge of consumer affairs in the State Government who shall be its Chairman;
(b) Other official or non-official members representing such interests as may be prescribed by the
State Governments;

(c) Other official or non-official members, not exceeding ten, as may be nominated by the Central
Government.
The State Council shall meet as and when necessary but not less than two meetings shall be held
every year. The State Council shall meet at such time and place as the Chairman may think fit and
shall observe such procedure in regard to the transaction of its business as may be prescribed by the
State Government.

District Consumer Protection Council { District Council }

The State Government establishes for every district, a council known as the District Consumer
Protection Council (the District Council) which consists of the following members, namely:—
(a) the Collector of the district (by whatever name called), who shall be its Chairman; and
(b) Other official and non-official members representing such interests as may be prescribed by the
State Government.
District Council shall meet as and when necessary but not less than two meetings shall be held every
year. The District Council shall meet as such time and place within the district as the Chairman may
think fit and shall observe such procedure in regard to the transaction of its business as may be
prescribed by the State Government.

 CONSUMER PROTECTION REGULATIONS 2005

These regulations have been formulated by the NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION of the Government of INDIA. They came into force on 31 st May, 2005.

.
1. Definitions.-

 "Consumer Forum" means a District Forum established by the Consumer

Disputes Redressal Commission of the State.
 "Registrar" means the head of the ministerial establishment of the
Consumer Forum and exercising such powers and functions as are
conferred upon him by the President of the Consumer Forum:

2. Arrangements in Consumer Forum

 A Consumer Forum, being not a regular court, shall have the arrangements
as to depict it distinct from a court.
 In the hall in which the Consumer Forum shall hear the parties, the dais
may not be kept more than 30c.m. in height than the place earmarked for
the parties to occupy.
 At the dais of the hall, the President and the members
of the Consumer Forum shall use the same type of chairs at the same level
and these chairs need not have high backs.

3. Dress code.- The President and members of every Consumer Forum while
presiding over the Benches,-

 Shall wear simple and sober dress;

 shall not wear-

(i) flashy dress or dress displaying any affluence;

(ii) Jeans or T-shirts.

(iii) As if they are holding Courts as Judges of a High Court or a District Court.

 The advocates shall be allowed to appear in the usual dress as

prescribed by the High Court but without the gown.
 4. Hearing hours.-Subject to the provisions of the rules, the normal working
hours of the Consumer Forum for hearing matters shall be from 10.30 am to
1.00 p.m and 2.00 p.m to 4.00 p.m on all working days of the Central Government
in the case of the National Commission and on all working days of the State
Government in the case of the State Commission and the District Forum

We buy a variety of goods and services in our day-to-day life. Whatever we

buy we pay for it and derive satisfaction from its consumption and use. But
sometimes we do not feel satisfied with the product we buy. This may be on
account of poor quality of the product, overcharging by the shopkeeper, lower
quantity of contents, misleading advertisement, and so on.
Meaning of Consumer
A consumer is a person who consumes or uses any goods or services. Goods
may be consumables like wheat flour, salt, sugar, fruit etc. or durable items
like television, refrigerator, toaster, mixer, bicycle etc. Services refer to items
like electricity, cooking gas, telephone, transportation, film show etc.
Normally, it is the consumption or use of goods and services that makes the
person to be called as „consumer‟. But in the eyes of law, both the person who
buys any goods or hires any service for consideration (price) and the one who
uses such goods and services with the approval of the buyer are termed as
consumers. For example, when your father buys apple for you and you
consume them, your father as well as yourself are treated as consumers. The
same thing applies to hiring a taxi to go to your school. In other words, even
the buyer of goods and services whether he uses them himself or purchases
them for consumption or use by some other person(s) is treated as consumer
in the eyes of law. However, a person who buys goods for resale (like
wholesaler, retailer, etc.) or for any commercial purpose is not treated as
consumer.
Under the Consumer Protection Act 1986, the word Consumer has been
defined separately for the purpose of goods and services.
(a) For the purpose of goods, a consumer means (i) one who buys any goods
for consideration; and (ii) any user of such goods other than the person who
actually buys it, provided such use is made with the approval of the buyer.
(The expression ‘consumer’ does not include a person who obtains such goods
for resale or for any commercial purpose.)
(b) For the purpose of services, a consumer means (i) one who hires any
service or services for consideration; and (ii) any beneficiary of such service(s)
provided the service is availed with the approval of such person.
Concept of Consumer Protection and Common Malpractices (1 page)
Consumer protection means safeguarding the interest and rights of
consumers. In other words, it refers to the measures adopted for the
protection of consumers from unscrupulous and unethical malpractices by the
business and to provide them speedy redressal of their grievances. The most
common business malpractices leading to consumer exploitation are given
below:
(a) Sale of adulterated goods i.e., adding something inferior to the product
being sold.
(b) Sale of spurious goods i.e., selling something of little value instead of the
real product.
(c) Sale of sub-standard goods i.e., sale of goods which do not confirm to
prescribed
quality standards.
(d) Sale of duplicate goods.
(e) Use of false weights and measures leading to underweight.
(f) Hoarding and black-marketing leading to scarcity and rise in price.
(g) Charging more than the Maximum Retail Price (MRP) fixed for the
product.
(h) Supply of defective goods.
(i) Misleading advertisements i.e., advertisements falsely claiming a product
or service to be of superior quality, grade or standard.
(j) Supply of inferior services i.e., quality of service lower than the quality
agreed upon.
The above instances show the exploitation of consumers in the context of
goods and services. So the measures adopted by the government or non-
government organisations (NGOs) for safeguarding the interests of the
consumers constitute consumer protection.

Need for Consumer Protection (2 pages)

(a) Social Responsibility The business must be guided by certain social and
ethical norms. It is the moral responsibility of the business to serve the
interest of consumers. Keeping in line with this principle, it is the duty of
producers and traders to provide right quality and quantity of goods at fair
prices to the consumers.
(b) Increasing Awareness The consumers are becoming more mature and
conscious of their rights against the malpractices by the business. There are
many consumer organisations and associations who are making efforts to
build consumer awareness, taking up their cases at various levels and helping
them to enforce their rights.
(c) Consumer Satisfaction Father of the Nation Mahatma Gandhi had once
given a call to manufactures and traders to “treat your consumers as god”.
Consumers‟ satisfaction is the key to success of business. Hence, the
businessmen should take every step to serve the interests of consumers by
providing them quality goods and services at reasonable price.
(d) Principle of Social Justice Exploitation of consumers is against the
directive principles of state policy as laid down in the Constitution of India.
Keeping in line with this principle, it is expected from the manufacturers,
traders and service providers to refrain from malpractices and take care of
consumers‟ interest.
(e) Principle of Trusteeship According to Gandhian philosophy, manufactures
and producers are not the real owners of the business. Resources are supplied
by the society. They are merely the trustees of the resources and, therefore,
they should use such resources effectively for the benefit of the society, which
includes the consumers.
(f) Survival and Growth of Business
The business has to serve consumer interests for their own survival and
growth. On account of globalisation and increased competition, any business
organisation which indulges in malpractices or fails to provide improved
services to their ultimate consumer shall find it difficult to continue. Hence,
they must in their own long run interest, become consumer oriented.
Causes of Consumer Exploitation (3 pages)
1. Illiteracy and Ignorance: Consumers in India are mostly illiterate and
ignorant. They do not understand their rights. A system is required to protect
them from unscrupulous businessmen.
2. Unorganised Consumers: In India consumers are widely dispersed and are
not united. They are at the mercy of businessmen. On the other hand,
producers and traders are organized and powerful.
3. Spurious Goods: There is increasing supply of duplicate products. It is very
difficult for an ordinary consumer to distinguish between a genuine product
and its imitation. It is necessary to protect consumers from such exploitation
by ensuring compliance with prescribed norms of quality and safety.
4. Deceptive Advertising: Some businessmen give misleading information
about quality, safety and utility of products. Consumers are misled by false
advertisement and do not know the real quality of advertised goods. A
mechanism is needed to prevent misleading advertisements.
5. Malpractices of Businessmen: Fraudulent, unethical and monopolistic
trade practices on the part of businessmen lead to exploitation of consumers.
Consumers often get defective, inferior and substandard goods and poor
service. Certain measures are required to protect the consumers against such
malpractices. 1. Lack of knowledge: The main reason for exploitation of
consumers is lack of knowledge. Several consumers do not have the
knowledge about the price, quality, services related commodities. Therefore,
consumers simply trust the facts told to them by the sellers and purchase
goods, thus become trapped and are exploited.
6. Consumer's indifference towards the market: There is a large group of such
consumers who behave indifferently regarding purchasing. There are some
consumers who think as – what to do, everything is alright, leave it , why to
take cash memo, whatever goods the shopkeeper gives is good, things should
be cheap, good and durable , What is the need of the standardization marks
like ISI and AGMARK etc. The producers take full advantage of this
indifferent behaviour of consumers and succeed in exploiting them.
7. Tele Marketing Today in the age of computers, tele- marketing and e-
commerce have become very popular. You also must have seen the
advertisement on T.V. The information about the goods and the prices is also
given in the advertisement. The consumer can send the required money and
get the commodity through parcel. But very often the consumers feel cheated
by this deal. One orders for costly products on being influenced, but he does
not get the due benefit from that good.
8. Limited Information: In this age of globalization there are several types of
products in the market. Producer is free to produce. There is no fixed law for
quality and rate. There is lack of knowledge about several aspects of goods
like rate, quality, rules for usage, rules for selling etc. Therefore a consumer
makes wrong choice and suffers financial loss.
9. Monopoly : Monopoly means the right on the production and distribution
of a commodity of a producer or a group of producers. In the state of
monopoly producers have arbitrary behavior regarding the prices and the
quality and availability of the goods. As a result, producers succeeded in
exploiting consumers.
Rights of Consumers (3-4 pages)
(a) Right to Safety It is the right of the consumers to be protected against
goods and services which are hazardous to health or life. For example,
defective vehicles could lead to serious accidents. The same is true of electrical
appliances with sub-standard material. Only recently, there were mass
protests and boycott of soft drinks due to presence of hazardous pesticides
beyond permissible limits. Thus, right to safety is an important right available
to the consumer which ensures that the manufacturers shall not produce and
sell sub-standard and dangerous products.
(b) Right to be Informed The right to be informed is an important component
of consumer protection. The consumer must be provided with adequate and
accurate information about quality, quantity, purity, standard and the price
of the goods and services. Now-a-days the manufacturers provide detailed
information about the contents of the product, its quantity, date of
manufacturing, date of expiry, maximum retail price, precautions to be taken,
etc. on the label and package of the product. Such information helps the
consumers in their buying decision and use of the product.
(c) Right to Choose The right to choose provides that the consumer must be
assured, whenever possible, access to a variety of goods and services at
competitive prices. If the market has enough varieties of products at highly
competitive prices, the buyers have an opportunity of wide selection.
However, incase of monopolies like railways, postal service and electricity
supply etc. it implies a right to be assured of satisfactory quality of service at a
fair price.
(d) Right to be Heard The rights to safety, information and choice will be
frivolous without the right to be heard. This right has three interpretations.
Broadly speaking, this right means that consumers have a right to be
consulted by Government and public bodies when decisions and policies are
made affecting consumer interests. Also, consumers have a right to be heard
by manufactures, dealers and advertisers about their opinion on production,
marketing decisions and any grievances of the consumers. Now-a-days, most
of the top manufacturers and firms have set up consumer service cells to
attend to consumers‟ complaints and take appropriate steps for their
redressal. Thirdly, consumers have the right to be heard in legal proceedings
in law courts dealing with consumer complaints.
(e) Right to Seek Redressal The consumers have been given the right of
redressal of their grievances relating to the performance, grade, quality etc. of
the goods and services. If required, the product must be repaired / replaced by
the seller/ manufacturer. The Consumer Protection Act has duly provides for
a fair settlement of genuine grievances of the consumers. It has also set up a
proper mechanism for their redressal at district, state and national levels.
(f) Right to Consumer Education It means the right to receive knowledge and
skill to become informed consumer. In this direction the consumer
associations, educational institutions and the policy makers can play an
important part. They are expected to impart information and knowledge
about (i) the relevant laws which are aimed at preventing unfair trade
practices, (ii) the ways and means which dishonest traders and producers may
adopt to deceive the consumers, (iii) insistence on a bill or receipt at the time
of purchase, and (iv) the
procedure to be followed by consumers while making complaints. Effective
consumer education leads to an increased level of consumer awareness and
help them to enforce their rights more effectively, and protect themselves
against fraudulent, deceitful and grossly misleading advertisement, labeling,
etc.
Responsibilities of Consumers (3 pages)
(a) Be quality conscious To put a stop to adulteration and corrupt practices of
the manufacturers and traders, it is the duty of every consumer to be
conscious of the quality of product they buy. They should look for the
standard quality certification marks like ISI, Agmark, FPO, Woolmark, Eco-
mark, Hallmark etc. while making the purchases.
(b) Beware of misleading advertisements The advertisement often exaggerates
the quality of products. Hence, the consumers should not rely on the
advertisement and carefully check the product or ask the users before making
a purchase. Incase there are discrepancies, the same should be brought to the
notice of the sponsors and the appropriate authority, if need be.
(c) Responsibility to inspect a variety of goods before making selection The
consumer should inspect a variety of goods before buying the goods and
service. For this purpose he/she should compare their quality, price,
durability, after sales service etc. This would enable the consumers to make
the best choice within the limit of their own resources.
 (d) Collect proof of transaction The consumer should insist on a valid
documentary evidence (cash memo/invoice) relating to purchase of goods or
availing of any services and preserve it carefully. Such proof of purchase is
required for filing a complaint. In case of durable goods the manufactures
generally provide the warrantee/guarantee card along with the product. It is
the duty of consumers to obtain these documents and ensure that these are
duly signed, stamped and dated. The consumer must preserve them till the
warrantee/ guarantee period is over.
(e) Consumers must be aware of their rights The consumers must be aware of
their rights as stated above and exercise them while buying goods and
services. For example, it is the responsibility of a consumer to insist on getting
all information about the quality of the product and ensure himself/ herself
that it is free from any kind of defects. (f) Complaint for genuine grievances
As a consumer if you are dissatisfied with the product/services, you can ask
for redressal of your grievances. In this regard, you must file a proper claim
with the company first. If the manufacturer/company does not respond, then
you can approach the forums. But your claim must state actual loss and the
compensation claim must be reasonable. At no cost fictitious complaints
should be filed otherwise the forum may penalise you.
(g) Proper use of product/services It is expected from the consumers that they
use and handle the product/services properly. It has been noticed that during
guarantee period, people tend to reckless use of the product, thinking that it
will be replaced during the guarantee period. This practice should be avoided.
Apart from the responsibility enumerated above, the consumers should be
conscious of their duty towards other consumers, society and ecology and
make responsible choice. In other words, their purchases and consumption
should not lead to waste of natural resources
and energy and environmental pollution.
Ways and Means of Consumer Protection (5 pages)
(a) Lok Adalat Lok Adalats are the effective and economical system for quick
redressal of the public grievances. The aggrieved party can directly approach
the adalats with his grievance, and his issues are discussed on the spot and
decisions are taken immediately. The consumers may take the advantage of
this system to solve their problems. Cases of electricity billing, telephone
billings, road accidents etc. can be taken up in Lok Adalat for spot settlement.
Infact, Indian Railways, Mahanagar Telephone Nigam Limited and Delhi
Vidyut Board hold Lok Adalat regularly to settle user‟s grievances on the
spot.
(b) Public Interest Litigation Public Interest Litigation (PIL) is a scheme
under which any person can move to the court of law in the interest of the
society. It involves efforts to provide legal remedy to un-represented groups
and interests. Such groups may consist of consumers, minorities, poor
persons, environmentalists and others. Any person or organisation, though
not a party to the grievances, can approach the court for remedial action in
case of any social atrocities.
(c) Redressal Forums and Consumer Protection Councils Under the
Consumer Protection Act 1986, a judicial system has been set up to deal with
the consumer grievances and disputes at district level, state level and national
level. These are known as District Forum, State Consumer Disputes Redressal
Commission (State Commission) and National Consumer Disputes Redressal
Commission (National Commission). Any individual consumer or association
of consumers can lodge a complaint with the District, State or National level
forum, depending on the value goods and claim for compensation. The main
objective of these forums is to provide for a simple, speedy and inexpensive
redressal of consumers‟ grievances. The Act as amended in 2002 also provides
for setting up of Consumer Protection Council at district, state and national
level for promotion and protection of the rights of the consumers as laid down
in Section 6 of the Act. The councils are required to give wide publicity to the
rights of consumers, the procedures for filling complaints by them and
provide inputs to consumer movement in the country.
(d) Awareness Programme To increase the level of awareness among the
consumers the Government of India has initiated various publicity measures.
It regularly brings out journals, brochures, booklets and various posters
depicting the rights and responsibilities of consumers, redressal machineries
etc. It observes World Consumer Rights Day on 15 March and National
Consumer Day on 24 December. Several video programmes on consumer
awareness are broadcasted through different television channels. Similarly,
audio programmes are also broadcasted through All India Radio and FM
channels. The poster and slogan competition on consumer protection are also
organised at various level. To encourage the participation of public in the field
of consumer protection the Government has also instituted National Awards
to the persons who have done outstanding work in this field. (e) Consumer
Organisations Consumer organisations have been active all over the world to
promote and protect consumer interests. A number of such organisations have
also been set up in recent years in different parts of India. It is felt that neither
it is possible to discipline all members of the business community through
moral sanctions and a code of fair business practices nor can administrate
orders and legislative provisions to ensure consumer
protection without the active involvement of consumer associations. Now with
an increasing number of consumer organisations involved in consumer
protection, the consumer movement is getting a foothold in India and helping
individuals to seek quick and adequate redressal of their grievances.
Some of the important Consumer Organisations that have been playing an
active role in taking up consumer cause are: § CERC (Consumer Education
and Research Centre), Ahmedabad § VOICE (Voluntary Organisation in the
Interest of Consumer Education), New Delhi § CGSI (Consumer Guidance
Society of India), Mumbai § CAG (Consumer Action Group), Chennai §
CUTS (Consumer Unity and Trust Society), Jaipur § Common Cause, New
Delhi § Consumer Education Centre, Hyderabad § Karnataka Consumer
Service Society, Bangalore § Kerela State Consumers Coordination
Committee, Cochin
These organisations are collecting data on different products and testing
them, investigating into the problems of consumers, publishing and
distributing brochures and journals, organising consumer awareness
programmes, filing complaints, suits and writ petitions on behalf of the
consumers, etc.
(f) Consumer Welfare Fund The government has created a consumer welfare
fund for providing financial assistance to strengthen the voluntary consumer
movement in the country particularly in rural areas. This fund is mainly used
for setting up facilities for training and research in consumer education,
complaint handling, counseling and guidance mechanisms, product testing
labs, and so on.
(g) Legislative Measures A number of laws have been enacted in India to
safeguard the interest of consumers and protect them from unscrupulous and
unethical practices of the businessmen. Some of these Acts are as follows: (i)
Drug Control Act, 1950 (ii) Agricultural Products (Grading and Marketing)
Act, 1937 (iii) Industries (Development and Regulation) Act, 1951 (iv)
Prevention of Food Adulteration Act, 1954 (v) Essential Commodities Act,
1955 (vi) The Standards of Weights and Measures Act, 1956 (vii) Monopolies
and Restrictive Trade Practices Act, 1969 (viii) Prevention of Black-
marketing and Maintenance of Essential Supplies Act, 1980 (ix) Bureau of
Indian Standards Act, 1986 The object and interest of almost all these
enactments are mainly punitive, though some of these are also preventive in
nature. However, none of these laws provide any direct relief to the
consumers. Hence, amendments have been made in some of these laws by
which individual consumers and consumer organisations have been conferred
the right to take initiative and launch legal proceedings in civil and criminal
courts against the violators. Another legal enactment that made a dent in this
situation was the Monopolies and Restrictive Trade Practices Act, 1969. It
gained the status of a specific consumer protection law with amendments
made in 1984. Inspite of the changes made in 1984, a need was felt to have a
more elaborate legislation. So the Consumer Protection Act was passed in
1986 to offer the necessary protection to consumers and provide an elaborate
mechanism to deal with consumer grievances and disputes. A broad idea
about its main provisions is being given in the next section.
Consumer Protection Act 1986 (5 pages)
The Consumer Protection Act was passed in 1986 and it came into force from
1 July 1987. The main objectives of the Act are to provide better and all-
round protection to consumers and effective safeguards against different types
of exploitation such as defective goods, deficient services and unfair trade
practices. It also makes provisions for a simple, speedy and inexpensive
machinery for redressal of consumers‟ grievances.
Salient Features of Consumer Protection Act 1986 The salient features of
Consumer Protection Act (CPA) 1986 are as follows: (a) It applies to all
goods, services and unfair trade practices unless specifically exempted by the
Central Government. (b) It covers all sectors whether private, public or co-
operative. (c) It provides for establishment of consumer protection councils at
the central, state and district levels to promote and protect the rights of
consumers and a three tier quasijudicial machinery to deal with consumer
grievances and disputes. (d) It provides a statutory recognition to the six
rights of consumers.
GOODS AND SERVICES COVERED UNDER COPRA 1986 The term
„goods‟ under this Act has the same meaning as under the sale of goods Act.
Accordingly it covers all types of movable property other than money and
includes stocks and shares, growing crops, etc. The term „service‟ means
service of any description made available to potential users and includes
banking, financing, housing construction, insurance, entertainment,
transport, supply of electrical and other energy, boarding and lodging,
amusement, etc. The services of doctors, engineers, architects, lawyers etc. are
included under the provisions of Consumer Protection Act.
FILING OF COMPLAINTS For redressal of consumer grievances a
complaint must be filed with the appropriate forum. In this section let us
know, who can file a complaint, what complaints can be filed, where to file the
complaint, how to file the complaints etc.
Who can file a complaint? The following persons can file a complaint under
Consumer Protection Act 1986: (a) a consumer; (b) any recognised voluntary
consumer association whether the consumer is a member of that association
or not; (c) the Central or any State Government; and (d) one or more
consumers where these are numerous consumers having same interest. (e)
Legal heir or representative in case of death of a consumer.
What complaints can be filed? A consumer can file a complaint relating to any
one or more of the following:
(a) an unfair trade practice or a restrictive trade practice adopted by any
trader or service provider;
(b) goods bought by him or agreed to be bought by him suffer from one or
more defect; (c) services hired or availed of, or agreed to be hired or availed
of, suffer from deficiency in any respect;
(d) price charged in excess of the price (i) fixed by or under the law for the
time being in force, (ii) displayed on the goods or the package, (iii) displayed
in the price list, or
(iv) agreed between the parties; and
(e) goods or services which are hazardous or likely to be hazardous to life and
safety when used.
Where to file a complaint? If the value of goods and services and the
compensation claimed does not exceed Rs. 20 lakh, the complaint can be filed
in the District Forum; if it exceeds Rs. 20 lakh but does not exceed Rs. One
crore, the complaint can be filed before the State Commission; and if it
exceeds Rs. One crore, the complaint can be filed before the National
Commission.
How to file a complaint? A complaint can be made in person or by any
authorised agent or by post. The complaint can be written on a plain paper
duly supported by documentary evidence in support of the allegation
contained in the complaint. The complaint should clearly specify the relief
sought. It should also contain the nature, description and address of the
complainant as well as the opposite party, and so also the facts relating to the
complaint and when and where it arose.
What are the reliefs available to consumers? Depending on the nature of
complaint the and relief sought by the consumer, and the facts of the case, the
Redressal Forum/Commission may order one or more of the following reliefs:
(a) Removal of defects from the goods or deficiencies in services in question.
(b) Replacement of the defective goods.
(c) Refund of the price paid.
(d) Award of compensation for loss or injury suffered.
(e) Discontinuance of unfair trade practices or restrictive trade practice or not
to repeat them.
(f) Withdrawal of hazardous or dangerous goods from being offered for sale.
(g) Provision of adequate costs to aggrieved parties.
Time limit for filing the case The consumer can file the complaint within two
years from the date on which the cause of action had arisen. However, it may
be admitted even after the lapse of two years if sufficient cause is shown for
the delay.
Time limit for deciding the case Every complaint must be disposed off as
speedily as possible within a period of three months from the date of notice
received by the opposite party. Where the complaint requires laboratory
testing of goods this period is extended to five months.
MACHINERY FOR SETTLEMENT OF GRIEVANCES The judicial
machinery set up under the Consumer Protection Act, 1986 consists of
consumer courts (forums) at the district, state and national levels. These are
known as District forum, State Consumer Disputes Redressal Commission
(State Commission) and National Consumer Disputes Redressal Commission
(National Commission) separately. Let us have a brief idea about their
composition and roles.
1. District Forum This is established by the state governments in each of its
districts.
(a) Composition: The district forums consist of a Chairman and two other
members one of whom shall be a woman. The district forums are headed by
the person of the rank of a District Judge.
(b) Jurisdiction: A written complaint can be filed before the District
Consumer forum where the value of goods or services and the compensation
claimed does not exceed Rs. 20 lakh.
(c) Appeal: If a consumer is not satisfied by the decision of the District forum,
he can challenge the same before the State Commission, within 30 days of the
order.
2. State Commission This is established by the state governments in their
respective states.
(a) Composition: The State Commission consists of a President and not less
then two and not more than such number of members as may be prescribed,
one of whom shall be a women. The Commission is headed by a person of the
level of High Court judge.
(b) Jurisdiction: A written complaint can be filed before the State Commission
where the value of goods or services and the compensation claimed exceeds
Rs. 20 lakh but does not exceed Rs. One crore.
(c) Appeal: In case the aggrieved party is not satisfied with the order of the
State Commission he can appeal to the National Commission within 30 days of
passing of the order.
3. National Commission The National commission was constituted in 1988 by
the central government. It is the apex body in the three tier judicial
machinery set up by the government for redressal of consumer grievances. Its
office is situated at Janpath Bhawan (Old Indian Oil Bhawan), A Wing, 5th
Floor, Janpath, New Delhi.
(a) Composition: It consists of a President and not less than four and not more
than such members as may be prescribed, one of whom shall be a woman. The
National Commission is headed by a sitting or retired judge of the Supreme
Court.
(b) Jurisdiction: All complaints pertaining to those goods or services and
compensation whose value is more than Rs. one crore can be filed directly
before the National Commission.
(c) Appeal: An appeal can be filed against the order of the National
Commission to the Supreme Court within 30 days from the date of order
passed. It may be noted that in order to attain the objects of the Consumers
Protection Act, the National Commission has also been conferred with the
powers of administrative control over all the State Commissions by calling for
periodical returns regarding the institution, disposal and pending of cases and
issuing instructions for adoption of uniform procedures