Who can file a complaint in a consumer court?
A complaint before the appropriate consumer forum can be made by the following:
1. Any consumer
2. Any registered consumers’ association
3. The Central Government or any State Government
4. One or more consumers, on behalf of numerous consumers having the same interest
5. A legal heir or representative of a deceased consumer.
4. Explain the redressal mechanism available to consumers under the Consumer Protection Act, 1986.
The Consumer Protection Act, 1986, seeks to protect and promote the consumers’ interest through speedy and inexpensive redressal of their grievances. It is applicable to all types of undertakings, big or small, public or private, manufacturing or trading and whether a supplier of goods or of services. The Act provides for the setting up of a three-tier machinery consisting of the District forums, State Commissions and the National Commission. The National Commission is set up by the Central Government while the State Commissions and District Forums are set up in each State and District, respectively, by the concerned State Government.
A complaint before the appropriate consumer forum can be made by the following:
1. Any consumer
2. Any registered consumers’ association
3. The Central Government or any State Government
4. One or more consumers, on behalf of numerous consumers having the same interest
5. A legal heir or representative of a deceased consumer.
The redressal mechanism available to consumers under the three-tier machinery are as follows:
1. District Forum: a complaint can be made to the District forum only when the value of goods or services in question along with the compensation claimed does not exceed Rs. 20 Lakhs. Once the complaint has been filed, the District Forum will summon the party against whom the complaint has been filed. If required, a sample of the product in question shall be sent for testing in an accredited laboratory. The Forum shall pass its order on basis of the tests from the Laboratory and after hearing to the complaints of both parties. The order passed by the District Forum can be appealed before the concerned State Commission by the aggrieved party within 30 days of passing of the order.
2. State Commission: A complaint can be filed in the appropriate State Commission when the value of goods or services in question, along with the compensation claimed, exceeds Rs. 20 lakhs but does not exceed Rs. 1 crore. The appeals against the order of the District Forum can also be filed before the State Commission. A similar procedure is followed by the State commission as that of the District Forum. Once the complaint has been filed, the State Commission will summon the party against whom the complaint has been filed. If required, a sample of the product in question shall be sent for testing in a accredited laboratory. The Commission shall pass its order on basis of the tests from the Laboratory and after hearing to the complains of both parties. The order passed by the State Commission can be appealed before the National Commission by the aggrieved party within 30 days of passing of the order.
3. National Commission: a complaint can be made to the National Commission when the value of goods or services in question along with the compensation claimed exceeds Rs. 1 crore. The appeals against the order of the State Commission can also be filed before the National Commission. Once the complaint has been filed, the National Commission will summon the party against whom the complaint has been filed. If required, a sample of the product in question shall be sent for testings in an accredited laboratory. The Commission shall pass its order on basis of the tests from the Laboratory and after hearing to the party against whom the complaint has been filed. The order passed by the National Commission can be appealed by the aggrieved party in the Supreme Court.
If the Consumer Court is satisfied with the genuineness of the complaint, it can issue one or more directions to the opposite party in its Order which are as follows:
1. To remove the defect in the goods or deficiency in the service.
2. To replace the defective product.
3. To refund the prices or fees paid for the product or the service, respectively.
4. To compensate the aggrieved party with a reasonable amount for the loss or injury suffered by the party due to negligence of the opposite party.
5. To pay penal damages in appropriate circumstances.
6. To withdraw and to not offer hazardous goods for sale. Also, cease manufacture of hazardous goods and stop providing hazardous services.
7. To discontinue permanently unfair/ restrictive trade practices.
8. To pay an amount (not less than 5% of the value of the defective goods or deficient services provided), to be credited to the Consumer Welfare Fund or any other organisation/ person to be utilised in prescribed manner.