A consumer as defined under Consumer Protection Act, 1986
A registered Voluntary Consumer Association
Central Government
State Government / Union Territory
One or more consumers representing numerous consumers having the same interest.
Frequently
Asked Questions
Who is a consumer?
Definition of
Consumer under the Act:
A
person who buys any goods or services for a consideration, which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment is a Consumer.
Note:
A person who
obtains such goods for resale or for any commercial purposes will not be a
consumer. However, if such goods are bought by a person exclusively for the
purpose of earning his livelihood by means of self-employment then such a person
will be considered as a consumer.
Who
can make complaint?
|
A consumer as defined under Consumer Protection Act, 1986 |
|
A registered Voluntary Consumer Association |
|
Central Government |
|
State Government / Union Territory |
|
One or more consumers representing numerous consumers having the same interest. |
When
the complaints can be made?
A complaint may be made in writing under the
following circumstances:
|
the article purchased by a consumer is defective. |
|
If the services availed of by a consumer suffer from any deficiency. |
|
When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force. |
|
Goods, which will be hazardous to life and safety, when used, are being offered for sale to the public in contravention of the provisions of any law. |
What
is District Consumer Protection Council?
District
Consumer Protection Council is the council constituted under Consumer Protection
Act, 1986 for each district. District Collector acts as its Chairman, District
Supply and Consumer Protection Officer as Member-Secretary, and all the M.P.s,
M.L.A.s and officials of all Government Departments having Consumer interface of
the Concerned District are members along with the VCOs functioning in the
District. This Council shall meet twice in a year as per Consumer Protection
Act, 1986.
Where complaints can be registered?
|
District
Consumer Protection Council |
Action
will be initiated legally through the Department concerned on the
petitions regarding the defects filed before this Council which function
under the chairmanship of the District Collector |
|
Price
of the commodity or value of the services and value of compensation
claimed |
|
|
District
Consumer Forum |
for
a claim of Compensation up to Rs.20 lakhs |
|
State
Commission |
for
a claim of Compensation above Rs.20 lakhs and up to Rs.1 crore |
|
National
Commission |
for
a claim of Compensation above Rs.1 crore |
How
to register the complaints?
·
Complaint
can be registered within 2 years from the date on which the cause of action has
arisen.
· Stamp
paper is not required for declaration
· Complaint can be
registered, in person, by the complainant or through his authorized agent or by
post addressed to the Redressal Agency.
· Lawyers
are not necessary.
What
are the particulars that should be furnished along with the complaint?
The
complaint should contain the following particulars:
·
The name and
complete address of the complainant
·
The name and
complete address of the opposite party/parties
·
Date of
purchase of goods or services availed
·
Amount paid
for the above purpose
·
Particulars of
goods purchased with numbers or details of services availed
·
The details of
complaint, whether it is against Unfair Trade Practice / supply of defective
goods / deficiency in service provided / collection of excess price, should
explicitly be mentioned in the complaint petition.
·
Bills /
receipts and copies of connected correspondence, if any,
·
The relief
sought for under this Act.
What
are the reliefs provided under the Act?
The
District Forum / State Commission can order the following relief’s:
·
To remove the
defects in the goods pointed out.
· To
replace the goods.
· To
return to the complainant the price of the goods
· To
pay such amount of compensation for the loss or injury suffered by the consumer.
· To
remove the defects or deficiency in the services
· To
discontinue the unfair trade practice or not to repeat it
· To
withdraw the hazardous goods from being offered for sale
· To
provide the cost of expenditure incurred by the complainant
What
is the appeal provision?
·
Aggrieved by the
orders issued by the District Consumer Redressal Forum, appeal petition may be
filed before State Consumer Dispute Redressal Commission within 30 days from the
date of receipt of orders.
· Aggrieved
by the orders issued by the State Consumer Dispute Redressal Commission, appeal
petition may be filed before National Consumer Dispute Redressal Commission
within 30 days from the date of receipt of orders.
· Aggrieved
by the orders issued by the National Consumer Dispute Redressal Commission,
appeal petition may be filed before Supreme Court of India within 30 days from
the date of receipt of orders
· No
fee is charged for registering an appeal petition before State / National
Consumer Dispute Redressal Commissions.
· The
appeal petition has to be filed with the grounds for appeal with copies of
orders of the lower redressal agencies and registering procedures are same as is
being done in the case of registering complaint.
What
are the Rights of Consumers as stipulated under Consumer Protection Act 1986?
Consumer
is having the rights as indicated below:
1. Right
to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be heard
5. Right to seek Redressal
6. Right to Consumer Education
Where
to obtain further details regarding Consumer Protection:
·
www.fcamin.nic.in
· www.core.nic.in
· www.consumereducation.in
·
You
may contact your District Collector and the Chairman, District Consumer
Protection Council and also the Voluntary Consumer
Organisation of locality with valid reputation.
·
Consumer
Helpline Number- 1800-11-400