CONSUMER PROTECTION ACT 1986 PROCEDURES FOR CONSUMER GRIEVANCES REDRESSAL

National Consumer Disputes Redressal Commission (NCDRC) India is a quasi-judicial commission in India which was set up in 1986. Under the Consumer Protection Act of 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired judge of the Supreme Court of India. The commission is presently headed by Justice D K Jain, former judge of the Supreme Court of India. Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have jurisdiction:- to entertain a complaint valued more than one crore and also have Appellate and Revision jurisdiction from the orders of State Commissions or the District fora as the case may be. Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC, may prefer an Appeal against such order to Supreme Court of India within a period of 30 days. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/13/2018

9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

COMPLAINT Any legal document usually in a written format to obtain relief or compensation under the consumer act, usually caused as a result of Any unfair trade practices Goods are defective A trader has charged extra price for goods. Goods which are hazardous to life and safety 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

WHO CAN MAKE A COMPLAINT? A consumer to whom goods are delivered Any recognised consumer association Central or state government One or more consumers on behalf of many consumers In death of a consumer, his/her legal heir. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

WHERE TO FILE COMPLAINT AND HOW TO FILE A COMPLAINT? A complaint should be filed in a district forum against the opposite party in boundary where the party resides. Paying a smaller amount of fees. Any authorised person can represent the person having complaint. The complaint can be sent by post or courier to the forum. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

Who is a consumer? A person has to satisfy the following conditions in order to be a CONSUMER:- The person must have purchased goods for some value i.e. he must have paid money. A person who has not himself purchased the goods but who uses the goods with the approval of the buyer is also a consumer. A person must not have bought goods for resale or commercial purpose. But a person buying goods for self employment is a consumer. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

Who can file a complaint ? 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

Where to file a complaint ? 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

When does the need occurs to file a complaint ?? Before formally filing a Consumer Complaint, it is desired that the Consumer gives notice to the opposite party of the fact of any deficiency in service or of unfair trade practice etc to see if the trader is willing to make good the loss suffered by either replacing the commodity or returning the value of the purchase. If yes, the issue resolves then and there. But if the trader refuses or neglects here that the consumers needs to approach the Consumer Court. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

Steps in filing a complaint : At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary. Territorial Jurisdiction of the Consumer Forums A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,— a) The opposite party resides or caries on business or has a branch office or personally works for gain, or b) If there are more than one opposite party, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain.

Step 2: You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be. Step 3: Then you have to draft your complaint stating facts necessary to establish a cause of action. Step 4: At the end of the complaint you have to put your signatures. In case any other person is authorized to file the complaint then complaint has to be accompanied with authorization letter. Step 5: Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

Step 6:    Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product. Step 7:     You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums. Step 8:    Explain in your complaint as to how the case falls within the jurisdiction of this forum.

Step 9: Complaint must clearly state as to what relief is sought against the opposite party. Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal. Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct. Step 12: The complainant can present the complaint in person or by his/her authorized representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party. 9/13/2018 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA

For example: Complaint against: Retail Store  The Consumer purchased packed bread along with other items from a Retail Store in New Delhi. Maximum Retail Price (MRP) mentioned on the packet was Rs. 25/- (Inclusive of all taxes) but the store charged Rs. 28/-. Cash Receipt provided by the Retail Store provided details of Rs. 28/- as follows:  Price             : Rs. 24.89  Tax (12.5%) : Rs 3.11                     -------------  Total           : Rs. 28.00                     -------------  Details: As per The Legal Metrology (Packaged Commodities) Rules, 2011- “ No retail dealer or any other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.” i.e. no over charging on MRP.As per above rules offender shall be punished with fine of two thousand rupees. The Retail Store adopted an illegal and non consumer friendly.

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