Consumer Protection Act, 1986

&

Consumer Grievance Redressal- Complaint

Deepak Singh

L.A.B Deepak Singh

Introduction

L.A.B Deepak Singh

In spite of various provisions providing action against adulterated

and sub-standard articles in the different enactments like Code

of Civil Procedure (CPC), 1908, the Indian Contract Act (ICA) -

1872, the Sale of Goods Act (SGA) 1930, the Indian Penal

Code(IPC) 1860, the Standards of Weights and

Measures Act (SWMA),1976 and the MotorVehicles Act (MVA)

1988, very little could be achieved in the field of Consumer

Protection.

In order to provide for better protection of the interests of

the consumer the Consumer Protection Bill, .1986

Consumer & Rights of consumer

L.A.B Deepak Singh

An Individual who buys products or services for personal use andnot for manufacture or resale. Or in other words

A consumer is someone who can make the decision whether or notto purchase an item at the store, and someone who can beinfluenced by marketing and advertisements. Any time someone goesto a store and purchases a toy, shirt, beverage, or anything else, theyare making that decision as a consumer.

1. Right to be protected against marketing of goods which arehazardous to life and property.

2. Right to be informed about the quality, potency, standard, andprice of goods to protect the consumer against unfair tradepractices.

3. Right to be heard and to be assured that customers’ interestswill receive due consideration at appropriate forums.

4. Right to seek redressal against unscrupulous exploitation ofconsumers.

5. Right to consumer education.

Organizational Setup

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Consumer Redressal Machineries and

Forums

L.A.B Deepak Singh

For enforcement of the rights of the consumers, the Act hascreated special consumer Courts.

As Act provides for a three-tier consumer grievanceredressal machinery with the

1. District Forums at the base,

2. Slate Commission at the middle level and the

3. National Commission at the apex level.

The State and national level bodies also function asappellate authorities. Any verdict given by the NationalCommission can be challenged in the Supreme Court.

Three-Tier Grievance Redressal Machinery

& Forums

L.A.B Deepak Singh

L.A.B Deepak Singh

DISTRICT CONSUMER REDRESSAL

FORUM

L.A.B Deepak Singh

Pecuniary Jurisdiction: Value of goods or services and compensation, ifany, claimed < Rs 20 lakhs [Section 11].

• Composition: Its President shall be a person who is, has been, or isqualified to be a District Judge appointed by State Government. Twoother members, one of whom shall be a woman, who shall be not lessthan thirty-five years of age, possess a bachelor’s degree from arecognized university and shall be persons of ability, integrity andstanding, and have adequate knowledge and experience of at least tenyears in dealing with problems relating to economic, law, commerce,accountancy, industry, public affairs or administration [Section 10].

• Term of office: For 5 years or up to age of 65 years whichever isearlier. A member shall be eligible or reappointment for another termsof five years within the specified age limit [Section 10(2)].

L.A.B Deepak Singh

STATE CONSUMER REDRESSAL

COMMISSION

L.A.B Deepak Singh

Pecuniary Jurisdiction: Value of goods or services and the compensation,if any, claimed > Rs 20 lakhs but < Rs 1 crore [Section 17].

• Composition: Its President shall be a person who is or has been aJudge of High Court appointed by the State Government. Two othermembers, one of whom shall be a woman, who shall be not less thanthirty-five years of age, possess a bachelor’s degree from a recognizeduniversity and shall be persons of ability, integrity and standing, and haveadequate knowledge and experience of at least ten years in dealing withproblems relating to economic, law, commerce, accountancy, industry,public affairs or administration [Section 16].

• Term of office: For 5 years or up to age of 67 years whichever isearlier. A member shall be eligible or reappointment for another termsof five years within the specified age limit [Section 16(3)].

• Circuit Benches: The State Commission shall ordinarily function in theState Capital but may perform its functions at such other place as theState Government may in consultation with the State Commissionnotify from time to time [Section 17B)].

L.A.B Deepak Singh

NATIONAL CONSUMER REDRESSAL COMMISSION

L.A.B Deepak Singh

Pecuniary Jurisdiction: Value of goods or services and the compensation, if any,claimed > Rs 1 crore [Section 21].

Composition:

(a) Its President shall be a person who is or has been a Judge of Supreme Courtappointed by the Central Government.

(b) Not less than 4 and not more than such number of members and at leastone them shall be a woman, who shall have qualifications, namely:

i. be not less than 35 years of age,

ii. possess a bachelor’s degree from a recognized university and iii. be personsof ability, integrity and standing, and have adequate knowledge andexperience of at least ten years in dealing with problems relating toeconomic, law, commerce, accountancy, industry, public affairs oradministration [Section 20].

iii. Term of office: Every member shall hold office for a term of 5 years or up toage of 70 years whichever is earlier. A member shall be eligible forreappointment for another terms of five years within the specified age limit[Section 20(3)].

iv. Circuit Benches: The National Commission shall ordinarily function at NewDelhi but may perform its functions at such other place as the CentralGovernment may in consultation with the National Commission notify fromtime to time [Section 22C].

Filing a Consumer Complaint

L.A.B Deepak Singh

PROCEDURE FOR FILING THE APPEALS

L.A.B Deepak Singh

Appeal against order passed by the

• District Forum State Commission

• State Commission National Commission

• National Commission Supreme Court

• Within a period of 30 days from the date of an order.

An appeal may be entertained after expiry of period provide Forum/Commission concerned is satisfied with cause of delay.

• Procedure for filing an appeal is the same as that of complaint, except that the application should be accompanied by the orders of the District Forum or the State Commission or the National Commission, as the case may be.

The reasons for filing the appeal should be clearly specified.

FEE FOR FILING AN APPEAL

L.A.B Deepak Singh

An appeal before State Commission 50 % of the amount to bepaid to the complainant in accordance with order of a DistrictForum or Rs 25,000.00, whichever is less [Provision to Section 15].• An appeal before National Commission 50 % of the amount tobe paid to the complainant in accordance with order of a StateCommission or Rs 35,000.00, whichever is less [Provision toSection 19].

The amount shall be remitted in the form of Demand Draft drawnon a national bank in favour of the Registrar, National Commissionpayable at Delhi [Rule 14-A].

• An appeal before the Supreme Court can only be filed after theappellant has deposited fifty per cent of the amount that he isrequired to pay to the complainant in accordance with order of aDistrict Forum or Rs 50,000.00, whichever is less [Provision toSection 23]. The amount shall be remitted in the form of DemandDraft drawn on a national bank in favour of the Registrar, SupremeCourt payable at Delhi [Rule 16].

HEARING OF APPEAL

L.A.B Deepak Singh

An appeal filed before the State Commission or the NationalCommission shall be heard as expeditiously as possible and anendeavor shall be made to finally dispose of the appeal within aperiod of 90 days from the date of its admission .

• Provided that no adjournment shall be ordinarily granted by theState Commission or the National Commission, as the case may be,unless sufficient cause is shown and the reasons for grant ofadjournment have been recorded in writing by such Commission.

• Provided Further that the State Commission or the NationalCommission, as the case may be, shall make such orders as to thecosts occasioned by the adjournment as maybe provided in theregulations made under this Act.

• Provided Also that in the event of an appeal being disposed ofafter the period so specified, the State Commission or, the NationalCommission, as the case may be, shall record in writing the reasonsfor the same at the time of disposing of the said appeal.

TIME SCHEDULE FOR DISPOSAL OF

COMPLAINTS/APPEALS

L.A.B Deepak Singh

Every complaint decided within 3 months from the date

of receipt of notice by opposite party, where there is no

requirement for testing of sample etc. In the event of such a

requirement, the prescribed time is 5 months.

• Appeals disposed of within a period of 90 days.

• The Forum shall make such orders as to the cost

occasioned by the adjournment

• If a complaint/appeal is disposed of after the specified

period, then the Forum/Commission shall record in writing

reasons for the delay.

WHO CAN FILE A COMPLAINT ?

L.A.B Deepak Singh

A complaint in relation to any goods or services may be filled by-

1. – A consumer or

2. – Any voluntary consumer association registered under the

Companies Act, 1956 (1of 1956)or under any other law for

the time being in force or

3. – The Central Government or any State Government; or

4. – One or more consumers, where there are numerous

consumers having the same interest or

5. – In case of death of a consumer, his legal heir or

representative.

NOTE :- A power of attorney holder cannot file a complaint

under the Act.

RELIEF TO THE COMPLAINANT ?

L.A.B Deepak Singh

IF THE COMPLAINT IS PROVED THE FORUM SHALL ORDER

a) to remove defect pointed out by the appropriate laboratory

from the goods in question;

b) to replace the goods with new goods of similar description

which shall be free from any defect;

c) to return to the complainant the price, or , as the case may

be, the charges paid by the complainant;

d) to pay such amount as may be awarded by it as

compensation to the consumer for any loss or injury suffered

by the consumer due to negligence of the opposite party;

e) to remove the defect in goods or deficiency in the services

in question.

Information Required for a Complaint

L.A.B Deepak Singh

– Name and full address of complainant

– Name and full address of opposite party

– Description of goods and services

– Quality and quantity

– Price

– Date & proof of purchase

– Nature of deception

– Type of redressal requested

Case Study

L.A.B Deepak Singh

Jet Airways to pay Rs 71K compensation

• Jet Airways has been ordered by a consumer forum here to pay over Rs71,000 as compensation to a family of four for not communicating their foodpreference to the connecting airline and making them go hungry for over 10hours during their flight to Toronto from London.

• The district forum asked Jet Airways to compensate the family while alsoholding it guilty of rendering deficient service and not informing the family,the Sharmas, about the number of bags allowed on the connecting AirCanada flight, due to which they had to pay an additional expense of Rs4,500 (approx) and also discard a bag worth Rs 2,000.

• "The tickets were booked at Delhi and with the particulars of the allowablebaggage while going to London. Jet Airways was responsible for not clarifyingthe correct position to the complainant about baggages.

• "The Jet Airways was also responsible for not informing the food choice tothe connecting flight to Canada from London. We, therefore, hold itresponsible for both deficiencies," said the New Delhi district consumerforum.

• The Sharmas, residing in Rohini, in their plea, had said they had bookedfour tickets through a travel agent of the Jet Airways for a journey fromDelhi to Toronto via London and back.

LIMITATION PERIOD FOR FILING A COMPLAINT

L.A.B Deepak Singh

District Forum or State Commission or the National

Commission within 2 years from the date on which the

cause of action has arisen. The Forum/Commission

concerned can overlook the delay for recorded reasons

[Section 24A].

• Appeals are require to be filed within 30 days from the date

of receipt of the court's order.

• It may be noted that these time frames are not absolute

limitations. If the Consumer Forum is satisfied that there was

sufficient cause for not filing the complaint within the

prescribed period, it can entertain a complaint beyond

limitation time. However the Forum must record the reasons

for condensation of delay.

GRIEVANCE REDRESSAL SYSTEM

L.A.B Deepak Singh

L.A.B Deepak Singh

THANK YOU!!

L.A.B Deepak Singh