ADVOCATES FOR CONSUMER PROTECTION LAW
Industrial growth has left Indian markets flooded with goods and services. The Indian market satisfies the appetite of huge consumers base. Customers are prone to exploitation. It is necessary to protect consumers from adulterated and substandard goods or services. Enforcement of Consumer protection Act in 1986 was a great relief to consumers.
Who is a Consumer ?
Consumer is the person who buys a product or service for his own use. He does not resell the same. The product or service is for self use. Good or services is not meant for resale or commercial use.
The definition of consumer as per Consumer Protection Act explains consumer as:
- A person who bought goods in return for consideration
- A person who uses buyer’s goods with his approval
- Beneficiary of services
- A person who hires services in return for consideration
- A person who uses hirer’s services with his approval
Who can file a complaint?
The following people can file a Consumer complaint:
- Consumer association registered under companies act or any other law
- Central or state government
- Consumers groups having same interest
Unregistered association cannot file complaint. Also you cannot file a complaint representing unidentifiable consumers.
What are the reasons for complaining?
A complaint can contain any of the following accusations
- Any unfair or restrictive trade practice engaged by trader
- Good bought or agreed for buying has defects
- Services hired or availed has deficiency
- Excess price charged above law limit
- Hazardous goods sold without display information
What is the time limit within which a Consumer can file a Consumer complaint?
It is advisable to file a complaint as early as possible. But, you need to file a complaint within 2 years from the date of cause. The court accepts complaints even beyond 2 years provided valid reasons for delay.
What are the remedies you can seek for your complaint?
The following are the remedies a Consumer can seek for his complaint under the Act.
- Removal of defect from goods in the complaint
- Replacement of goods with new or similar ones at free of cost
- Refund the price or goods or services to the complainant
- Compensate Consumer for any loss or injury
- Correct deficiencies in service
- Stop unfair or restrictive trade practices in future
- Stop selling and withdraw hazardous goods
- Provide costs of complainant
Consumer Protection Councils
Consumers can seek and enforce their rights through Consumer councils. In India Consumer councils are both at state and central level. District Consumer protection council comes under state government. This council promotes and protects people interests.
These councils conduct investigations. They offer publicity relating to consumer issues. In fact, They create Consumer Protection awareness and offer Consumer education. Of course, They protect Consumers from exploitation. They offer advice to government on various policies.
Rights of consumers
The main aim of consumer council is to protect and promote consumer rights. The following are the consumer rights
- Right to get protected against hazardous goods
- Right to information of goods or service like quality, quantity and so on. It protects consumers from unfair trade practice
- Rights to get assured for variety of goods and services at competitive prices
- Right of hearing at appropriate forums. Assurance that consumer interest’s will have due consideration
- Rights to seek Redressal against unfair trade practice
- Right to consumer education
Consumer Protection Forums
A Consumer can file complaint for his grievances under the respective redressal forums
District Consumer Disputes Redressal Forums
Every district of a state in India has District Forums. They accept complaints based on value and compensation for goods and services. This amount should not exceed Rs.20 lakhs.
The jurisdiction of District Forums depends on the opposite party location. It also depends on where business works or action arises.
State Consumer Disputes Redressal Commission
Every state in India has State Consumer commission. They accept complaints of value and compensation above INR 20 lakhs but less than INR 1 crore.
National Consumer Disputes Redressal Commission
It is the top most consumer forum in India. National Consumer Commission can accept complaints amount exceeding INR 1 crore. Appeal When you are not happy with the order of district forum you can appeal your case with state commission.
Against state commission you can appeal with National Commission. Against a national commission order you can appeal with Supreme Court. You can file appeal with next level within 30 days of receipt of order by the applicant.
Penalties for non-compliance
When a person fails to follow order of forums then he gets punished with imprisonment. This can be for a period of 1 month to 3 years. Else he may get fined with INR 2000 to 10,000. Else you can get punished with both fine and imprisonment.
Find the Best Advocate for Consumer Protection law
Our advocates at Advocate Saravvanan Rajendran Law associates will guide you through registering your complaint. In the same fashion, Do not ignore your grievances. Be bold enough to raise your complaint. Top Consumer Protection law attorneys will guide you through the entire process of the forum. This law firm ensure that you get fair compensation and justice.