Abstract
"Consumers, by definition, includes us all," announced President John F Kennedy on 15 March 1962. "They are the largest group in the economy, affecting and affected by almost every public and private economic decision. But they are the only important group whose views are often not heard." Though we celebrate World Consumer Rights Day on March 15, how many of us are aware of our rights and remedies as a consumer? Advocate Anju D Aggarwal helps you become an informed consumer.
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has held in a notification dated May 31, 2005, that cases filed by or against senior citizens, physically challenged, widows and persons suffering from serious ailments, shall be listed and disposed off on a priority basis. The NCDRC is the highest consumer body set up under the Consumer Protection Act (CPA), 1986. The CPA provides an extremely good opportunity to consumers for the quick redressal of their grievances. Modelled somewhat on the 'Small Claims Courts' found in the UK, Hong Kong and Australia, it incorporates provisions which arm consumers with effective safeguards against unfair trade practices and all types of exploitation. It also protects consumers against the rendering of poor services by public utility concerns as well as private agencies.
Scope of CPA
The decisions by the consumer forums have had a far reaching impact and include cases of banks, boarding houses, builders, cars and tractors, courier services, defective medicines, defective TVs and VCRs, drycleaners, doctors, electricity corporations, educational institutions including computer centres, financial institutions, hospitals (also nursing homes and blood banks), hotels and restaurants, jewellers, Indian Airlines and Air India, insurance corporations, LPG corporations, Post and Telegraph department including Speed Post, petrol pumps, private goods carriers, Railways, recruiting agencies, road transport corporations, Telephones (including MTNL Mumbai and New Delhi), tour operators, tailors, traders, universities, vacuum cleaners, washing machines, and what not…
Besides doctors, professionals such as lawyers, chartered accountants, cost accountants, company secretaries, engineers, architects, astrologers, hair dressers, contractors and consultants also fall within the scope of the CPA.
Who is a Consumer?
According to the CPA, you are a consumer if you buy any goods or avail any service by making a payment for it. You also become a consumer if there is a promise to pay for the good or service. However, these goods or services should not have been bought for a commercial purpose (unless you’re self-employed). Your legal heir is also a consumer under the CPA. Also, firms (whether registered or not), Hindu Undivided Families, co-operative societies, associations of persons (whether registered under the Societies Registration Act, 1860 or not), are consumers under the Act.
What a Relief!
The reliefs available to consumers under Section 14 of the CPA include the removal of defects from the goods or a deficiency in any service. These measures also provide for the replacement of such goods with new ones, or a refund of its cost, and an adequate compensation for the negligence of the manufacturer or the service provider.
The consumer forums can also order the discontinuance of the unfair or the restrictive trade practices, thus ensuring that hazardous goods are not offered for sale. If loss or injury has been suffered by a large number of consumers who are not identifiable, the manufacturer or service provider should compensate collectively with an amount determined by the Forum. It can also order the issue of corrective advertisements to neutralise the effect of misleading ads. In addition, the forums can award parties with adequate costs.
Jurisdiction
The CPA, 1986, is the ‘magna carta’ for consumers. Consumer protection can, therefore, be obtained by filing complaints in the district consumer forums, state consumer commission, and the national commission (consumer), as the case may be.
The District Forums have the jurisdiction to entertain complaints where the value of the goods or services and the compensation claimed does not exceed Rs 20 lakhs.
The State Consumer Commissions have the jurisdiction to entertain complaints where the value exceeds Rs 20 lakhs, but doesn’t exceed Rs one crore.
The National Commission (Consumer) has the jurisdiction to entertain complaints where the value of the goods or services and the compensation claimed exceeds Rs one crore.
There is also a provision for filing appeal against the district forum judgement in the state commission and from there to the national commission and then to the Supreme Court of India.
Filing a Complaint
There is no specific form prescribed by the CPA for filing a complaint in the consumer forums. Hence, you can keep the following points in view:
- The complaint should have the person's name and address, as well as the name and address of the opposite parties.
- The facts relating to the complaint -- how, when and where it arose -- including the date on which the cause of action has arisen. This is the date on which the need arose for the consumer to file his complaint in the consumer forum.
- Attach documents, if any (xerox copies), in support of the allegations.
- Mention the total value of the relief claimed; the price of the item; the charges paid for the services rendered to the complainant; the amount of compensation; and the cost of litigation.
- The complaint can be sent in English, Hindi or in the local language of the state. But if the opposite party is in another state, it is better to make the complaint in English.
- The complaint should be signed by the person making the complaint. If someone else has been authorised to complain, then a letter of authority should be attached.
- Don’t make the complaint on a post card or on an inland letter.
- Send three copies of the complaint and documents if you file it in the district consumer forum and the state commission, and four copies if the complaint is being filed in the national commission.
- The number of copies should be increased correspondingly if there is more than one opposite party.
- Complaints should not be bunched together. For each grievance, a separate and self-contained complaint should be filed.
- An entrance fee between Rs100 to Rs 5,000 may be charged for filing a complaint in the consumer forums, depending on the amount of compensation claimed.
- You can be your own advocate, or authorise another to represent your case.
- The complaint should be filed within two years of the date of the cause of action, by registered AD.
Currently, there is enough legal machinery to help consumers. There are 614 district consumer forums, 34 state consumer commissions, and the national apex consumer commission at New Delhi. If you have any problem, don’t hesitate to file a complaint in the consumer forum in the above manner. The addresses of the consumer forums in your city can be obtained from the national consumer forum's website: www.ncdrc.nic.in.
An Offer
As a special offer to DD readers, I can draft petitions for the consumer courts. You have to send me your papers (xerox copies only) by post. It takes a week to get the papers by post. I can draft the petitions and send it back to you by courier. It takes the courier two days to deliver the papers. I usually charge Rs 2,500 for drafting a petition. But for the readers, I will be charging only Rs 500. The payment will be by Demand Draft in my name and drawn on any nationalised bank based in Amritsar.
Anju D Aggarwal
R-396, R S Colony,
P.O Dera Baba Jaimal Singhji,
Via Beas, District Amritsar
Pin - 143 204. Punjab
01853-272534