Consumer Protection Act of India: When the consumer is a king
- Introduction to the act.
- Who is a consumer and who is not?
- Important definitions.
- Rights of consumer.
- Redressal machinery under the act.
- Consumer disputes redressal agencies.
- Consumer protection council.
- Who can file a complaint?
- When a complaint can be filed?
- Where a complaint can be filed?
- Procedure for filing a case.
- Format of complaint form.
- Consumer Protection (amendment) Act, 2002.
- Statistical data.
- Case laws.
A consumer is a user of goods and services. Any person paying for goods and services which he uses is entitled to expect that the goods and services are of a nature and quality promised to him by the seller.
The earlier principle of "Caveat Emptor" or "let the buyer beware" which was prevalent has given way to the principle of "Consumer is King". The origins of this principle lie in the fact that in today's mass production economy where there is little contact between the producer and consumer, often sellers make exaggerated claims and advertisements which they do not intend to fulfill. This leaves the consumer in a difficult position with very few avenues for redressal. The onset on intense competition also made producers aware of the benefits of customer satisfaction and hence by and large, the principle of ?Consumer is King " is now accepted.
The need to recognize and enforce the rights of consumers is being understood and several laws have been made for this purpose. In India, we have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, the Trade and Merchandise Marks Act, etc which to some extent protect consumer interests. However, these laws required the consumer to initiate action by way of a civil suit which involved lengthy legal process proving to be too expensive and time consuming for lay consumers.
[...] Give a time limit of at least 15 to 30 days to settle your grievance by asking for refund of full amount with suitable interest or replacement of the product along with suitable compensation, else you will file a complaint with the Consumer Court as you are protected under the Consumer Protection Act of 1986. Inform that the consumer complaint will be at his cost and expenses, and you will seek compensation for the mental agony caused due to his deficiency in services. [...]
[...] of In the matter of: Name and Address of the Complainant versus Name and Address of the Opposite Party Application under Section 27 of the Consumer Protection Act RESPECTFULLY SHOWETH: That vide orders dated passed in complaint no. of this Hon'ble Forum / Commission had been pleased to allow the complaint and in terms of the said orders the opposite party was to within a period of days. That the respondent(s) has/have flagrantly violated the said orders of this Hon'ble Forum / Commission in as much as he has they have not complied with the same, wholly or in part, within the prescribed period of days which expired on In fact the respondent(s) has / have not initiated any steps even in this regard. [...]
[...] The Act provides for the establishment of Consumer Disputes Redressal Agencies at District level, State and National Levels for the protection and promotion of consumer interests and to redress their grievances in a speedy simple and inexpensive manner. The agencies are required to dispose of each complaint within three months. There are no legal formalities for filing the complaint, which can be filed by writing on a plain paper but supporting documents are necessary with the application. Competition is the by-product of the market economy. [...]