The above Act is a special piece of legislation for the better protection of the interests of consumers. Both judicial and non-judicial members have joined as members of the District, State and National Commission to provide extensive support to the consumers. The Act has been enacted to give effective and speedy relief to the affected or aggrieved consumers with nil or negligible expense. The Forum created under the Act of 1986 does not require any Court-fee or does not follow the formal procedures of Court, Civil or Criminal. The Act also does not require the consumer to file complaint in person. Any recognized consumers’ association can espouse on his behalf. In case there are a large number of consumers who have similar complaint, one or more can file a complaint on behalf of all. If required even the Central Government or State Government can act on his/their behalf. You don’t require a lawyer to argue your case in the consumer court. You could argue your case if you wish to do so. Yet it is advisable to have an experienced legal counsel for support.
Definition of Consumer:
According to the Consumer Protection Act, any person who buys goods or hires a service for personal use can be termed as a "consumer".
It would not, however, include goods bought for commercial purposes or resale.
If the consumer is an entrepreneur or self employed and the goods used, are for the purpose of self-employment, (i.e. personally by the consumer) then he/she could be termed a consumer.
The term "consumer" also includes any person who uses goods with the consent of the person who buys goods. A person who hires services or a beneficiary of such hired services would also be termed as a consumer of such service.
Rights of the Consumer:
The following are the rights of the consumer.
Right to Safety - from harm being caused by defective goods and services.
Right to be Informed - about the goods being purchased and services availed.
Right to Choose - from a variety of goods and services.
Right to be Heard – about defective goods purchased or service rendered.
Right to seek Redressal – from quasi judicial or competent judicial authorities.
Right to Consumer Education – so that the consumer can exercise his rights freely.
How to Complain:
You must keep in mind the following issues before filing a complaint.
Make sure that the complaint is a valid complaint.
The initial complaint should be made in a polite manner and directly to the person who directly dealt with the consumer. If properly handled sometimes it might elicit cooperation.
You must preserve cash memos and warranty card.
In case, you make a complaint after a certain period, then with the above documents you must first approach the retailer. The retailer might give you an explanation.
If that proves to be futile, then you could write to the manufacturer, quoting the Bill No., Date of cash Memo, Number and Date of Warranty etc.
You must retain all the originals of the above documents. It is also important to keep the copies of all the letters.
If the case is regarding suspected food and drug adulteration, then you could write to the State Health Authority. In that case, samples of the suspected food and drugs must be retained as evidence.
If the complaint is about products with ISI/AGMARK certification performing poorly, then you could write to the respective agency. ISI certification guarantees replacement.
If there is no response from the concerned people or organization, then you could write to any Consumer society you know about. You could also write to the Consumer Guidance Society of India, Block ‘j’ Mahapalika Marg, Mumbai 400 001.
In spite of everything, if you are unable to get the complaint redressed then you may complain to the District Consumer Disputes Redressal Forum, only if the compensation claim is below Rs.5 lakhs
You must complain to the State Consumer Disputes Redressal Commission if the claim is between Rs.5 lakhs and Rs.20 lakhs.
For claims exceeding Rs.20 lakhs, you must refer the complaints to the National Consumer Disputes Redressal Commission at New Delhi.
It is important that you do not get disheartened and give up fighting regarding a valid complaint.
Structure of complaint:
You should check for the following details in your complaint.
The complaint must have been made within the limitation of two years from the date of cause of action.
Name and address of the complainant (your name) in full.
Time, place and cause of the complaint.
Particulars in detail, along with supporting documents as exhibits. If the opposite company is in your state, then the complaint could be made in regional language.
If the opposite company is in different state then it is better to make the complaint in English.
Post the complaint in a stamped envelope. It is preferable to avoid postcards.
Three copies of the complaint together with all the annexures for the Forum, and extra sets for each of the opponents should be filed.
Last, but not least, the relief claimed by you in clear words: Whether you want replacement/removal of defect or return of price, compensation for expenses incurred as well as physical/mental torture, if any. Remember the claim amount should be within reasonable limits and justifiable.
Relief available to consumer:
The Redressal Forums may give order for one or more of the following relief, depending on the facts and circumstances.
It may order for the removal of defects from the goods,
It may ask for the replacement of the goods;
The court may ask the opposition party for refund of the price paid;
You may be awarded compensation for the loss or injury suffered;
The court may order for removal of defects or deficiencies in the services;
The court might order for the discontinuance of unfair trade practices or direct the opposition party not to repeat it.
It may call for the withdrawal of the hazardous goods from being offered to sale or award the adequate cost that you deserve.
