Proverb “consumer is king” never follows, in case where consumer feels he had been cheated, has got defective goods or feels lack of service for which he has paid, consumer protection act in India provide him with an option to file a case in consumer courts to get quick remedy for harm done. These are the special court which specifically deals with the consumer related cases so as to provide quick remedy to an individual. Without wasting much words let get to point.
Who can file case under this act?
1) Any consumer of goods or services.
2) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force
3) the Central Government or any State Government
4) one or more consumers, where there are numerous consumers having the same interest.
5) Beneficiary of the goods/services (Spring Meadows Hospital v. Harjot Ahluwalia JT 1998(2) SC 620.)
6) Legal representative of the deceased consumer (Cosmopolitan Hospital v. Smt. Vasantha P. Nair (1) 1992 CPJ NC 302.)
7) Legal heirs of the deceased consumer (Joseph Alias Animon v. Dr. Elizabeth Zachariah (1) 1997 CPJ 96.)
8) Husband of the consumer (Punjab National Bank, Bombay v. K.B. Shetty 1991 (2) CPR 633.)
9) A relative of consumer: When a consumer signs the original complaint, it can be initiated by his/her relative - Motibai Dalvi Hospital v. M.I. Govilkar 1992 (1) CPR 408.
For what reason case can be filed:
Any consumer can file a case in consumer court for following reasons or allegation:
a) if unfair trade practice or a restrictive trade practice has been adopted by any trader;
Example : “X” sold shyam an old bike or used bike representing it to be new.
b) The goods bought by him or agreed to be bought by him suffer from one or more defects; Example: A bought a computer from B. It was not working properly since day one. A can make a complaint against B for supplying him a defective computer.
c) The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.
Example : A hired services of an advocate to defend himself against his landlord. The advocate did not appear every time the case was scheduled. A can make a complaint against the advocate.
d) A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed (MRP) or fixed by the government under any law for the time being in force.
Example : A bought a sack of cement from B who charged him Rs. 100 over and above the reserve price of the cement declared by the Government. Here A can make a complaint against B.
e) 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 for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.
Example : A bought a tin of disinfectant powder. It had lid which was to be opened in a specific manner. Trader did not inform. A about this. While opening the lid in ordinary way, some powder flew in the eyes of A which affected his vision. Here A can make a complaint against the trader
What kind of relief can be sought?
Person filing complaint can ask court for removal of defect, exchange of defective goods with new one, can recover complete sum that he has paid, can as ask for compensation for the loss suffered and withdrawal of hazardous goods from market and its discontinuance.
Time limit for filing a case:
Person can file a case within 2 years from the date when defect came into notice or cause of action arises.
Where to file the case:
1) If the value of goods and services involved is less than Rs. 5 Lakhs then it will be filed in district forum. Please note that, it is the value of claim or compensation that you are asking and not the actual value of goods.
2) If the value of goods and services involved is more than 5 lakhs but less than 1 crore then case will be filed directly in state consumer commission.
3) If value exceeds more than 1 crore than case will go to national commission.
How to file case?
To file case in court first you have to prepare a case where you will write down all the details of the complaint and then write down the amount of compensation you want and in the end add all the proofs related to the case. You can download a sample case by clicking on this link (link will become active after 10 june 2011, if you wish to get informed write down your mail id in comment. ) Before filing a court fees of Rs. 100 has to be given in the form of DD in the name of appropriate authority and the send the case to the court in which you will be filing.
Tips before filing:
Though act declares for quick remedy of case but in reality it’s a cumbersome process and takes long time. If case involve subject matter of more than 50,00 rs it is advisable to contact a lawyer for file your case as most of the people lose their case due to lack of complete legal knowledge.
If you want detail description you can read further by clicking this link and can also download act here.
It is advisable to visit court for further details and questions and contact your near ones for suggestion.
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