Consumer Laws and Procedure

Consumer rights are the rights given to a "consumer" to protect him/her from being cheated by salesman/manufacturer. Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace. Consumer Courts have proven to be the most effective way to provide a remedy to Consumers and address their grievances. Filing a complaint is very easy and cost-effective, unlike other forms of litigation. The territorial jurisdiction also plays a role while deciding which district consumer forum one can file the complaint along with the pecuniary jurisdiction. As in Delhi, it depends on the location of the person's business, cause of action and residence and over to that, it should also take into account the said location under which police station jurisdiction the cause of action arose before filing the case in the concerned district consumer forum.

Who can file a complaint in a Consumer Court?

A complaint can be made in the Consumer Court by: A consumer. But who is a ‘consumer’ exactly? A person is a consumer if he/she fulfills the following conditions: The person has purchased goods or availed some services in exchange for some value, i.e. he/she has paid money The person must have bought the goods for personal use, and not for resale or commercial purposes Voluntary consumer association: Any registered association under the Companies Act, 1956, or under any other law The Central or the State Government One or more consumers who have the same interest In cases of death of a consumer, his legal heir or representative.

When can a consumer lodge a complaint?

A complaint can be filed by the Consumer or his legal heir or representative or voluntary consumer association if any of the grounds listed below are satisfied in his case; the statutory period of two years from the date of cause of action has not lapsed; the complaint must have the legal capacity to file the complaint i.e. should be sane, solvent and major.

What is the procedure to file a complaint in the Consumer Court?

STEP 1: Intimation via Notice: A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice communicates the intention of the complainer to resort to litigation and informs him about the defects in the goods or the deficiency in the service or any unfair practice. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy. STEP 2: Get the Consumer Complaint Drafted: If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed by the aggrieved person. The following details must be specified in the complaint: Name, description and the address of the complainant(s) and the Opposite Party or parties. Cause of Action, the approximate date, time and venue. Relevant facts relating to the cause of action. The Relief or Remedy claimed by the complainant in accordance with the facts of the case. Signature and Verification by the complainant or his authorized agent. STEP 3: Attach Relevant Documents: Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include: A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought Warranty/Guarantee certificates A copy of the written complaint and notice sent to the manufacturer/seller. STEP 4: Appropriate Forum: Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought. STEP 5: Pay Requisite Court Fees: A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought. STEP 6: Submit an Affidavit: The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.