WHO IS A 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".

-For the purpose of "goods", a consumer means a person belonging to the following categories:
(i) 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.
(ii) It includes any user of such goods other than the person who actually 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.

- For the purpose of "services", a "consumer" means a person belonging to the following categories:
(i) 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.
(ii) 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.

 WHO CAN FILE A COMPLAINT?

The following can file a complaint under the Act:-
- A consumer
- Any voluntary consumer organization registered under the Registration of Societies Act,1860 or under the Companies Act,1956 or under any other law for the time being in force.
- The Central Government
- The State Government or Union Territory Administrations.
- One or more consumers on behalf of numerous consumers who are having the same interest
  (Class action complaints)

WHAT CONSTITUTE A COMPLAINT?

Under the Consumer Protection Act 1986, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:-
- Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader.
- One or more defects in goods. The goods hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force.
- Deficiencies in services.
- A trader charging excess of price.

• Fixed by or under any law for the time being in force  or
• Displayed on goods  or
• Displayed on any packet containing such good.
• The goods brought by him suffer one or more defects.

WHERE TO FILE A COMPLAINT?

- If the cost of goods or services and compensation asked for is up to rupees 20 lakh ,then the complaint can be filed in the District Forum which has been notified by the State Government for 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 20 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.

HOW TO FILE A COMPLAINT?

Procedures for filing complaints and seeking redressal are simple.
Fee for making complaints before Distt. Forum.

- The complainant or his authorized agent can present the complaint in person.
- The complaint can 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.

RELIEF AVAILABLE TO THE CONSUMER?

Depending on the nature of relief sought by the consumer and facts, the Redressal Forums may give orders for one or more of the following reliefs :-  

• removal of defects from the goods.
• replacement of the goods.
• refund of the price paid.
• award of compensation for the loss or injury suffered.
• removal of defects or deficiencies in the services.
• discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them.
• withdrawal of the hazardous goods from being offered to sale; or
• award for adequate costs to parties.

PROCEDURE FOR FILLING THE APPEAL

- Appeal against the decision of a District Forum can be filed before the State Commission within a period of thirty days. Appeal against the decision of a State Commission can be filed before the National Commission within thirty days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of thirty days.
- There is no fee for filing appeal before the State Commission or the National Commission.
- Procedure for filing the appeal is the same as that of complaint, except the application should be accompanied by the orders of the District/State Commission as the case may be and grounds for filing the appeal should be specified

Click here to get Consumer Protection Act, 1986  in detail