Last Updated on April 6, 2019 by Legalseva.net
Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India.
Who is Consumer?
According to Consumer Protection act 1986, Any individual who purchases products or services for his personal use and not for manufacturing or resale is called a consumer.
Who is not Consumer?
A person
- who obtains goods free of charge
- who avails services free of charge
- who obtains goods for any commercial purposes
- who avails services for any commercial purposes
- who avails services under contract of service
Also Read- STATE CONSUMER COMMISSION CHANDIGARH PUNJAB HARYANA
A person who is buying Goods for commercial purpose can complaint under this Act?
No, goods or services meant for commercial purpose are excluded .
Who can file complaint under this Act?
Complaint is filled under Sec 12 of Consumer Protection Act, following can file a complaint
- Consumer
- Any recognised consumer association
- Can be filled by the Central and the State Government
Also Read- CONSUMER COMPLAINT AGAINST ELECTRICITY DEPARTMENT
Where can consumer complaint?
These have been established at three levels:
- District, State and National known as District Consumer Disputes Redressal Forum or District Forum
- State Consumer Disputes Redressal Commission or State Commission
- National Consumer Disputes Redressal Commission or National Commission
In which state consumer should file complaint?
A complaint shall be filled in a District Forum within the local limits of whose jurisdiction the opposite party carries on business
The consumer cannot file complaint where he resides.
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When consumer can make a complaint?
A consumer can file a complaint when the goods purchased by the consumer is defective and in the case of the services there is deficiency.
Where is district Forum Located
There is a District Forum in each district of the State. The information regarding the address and contact details of the District Forums click here
Where is State Forum located?
There is a State Commission in each state, which is mostly located in the state capital. The information regarding the address and contact details of the State Commissions click here
Also Read- COMMERCIAL PROJECTS FOR LIVELIHOOD COVERED BY CONSUMER COURTS
What is the procedure of filing the complaint under consumer protection Act?
A complaint can be filed by the complainant in person or by his agent. It can be done by registered post along with the court fee.
Three copies of the complaint are required to be submitted
- one for the official purpose,
- one is forwarded to the opposite party
- one is the for the complainant.
In case the number of opposite parties is more, according to that copies of the complaint are required.
Also Read- BEST EXAMPLES OF CONSUMER COMPLAINTS
Does consumer need a lawyer to file a complaint?
The Consumer Protection Act can provide remedy to a consumer through a specially set up set of courts, need not to engage a lawyer and could expect a quicker relief.
What is the limit for filing a complaint?
The complaint shall be filed within two years from the day the deficiency in service or defect in goods has detected. This is also called as the limitation period for filing the complaint.
Also Read- EXECUTION OF CONSUMER COURT’S ORDER
Where to appeal against the order of District Forum?
Any person aggrieved by an order made by the District Forum may file an appeal against such order to the State commission within a period of 30 days from the date of the receipt of order.
In Vice Chairman D.D.A vs OP Gauba, there was a delay of 38 days by the Delhi Development Authority in making the appeal.
On examining, it was held that delays caused by inter office consolations is not sufficient cause and hence delay was not condoned.
Also Read- CHALLENGE CONSUMER COURT ORDER IN STATE COMMISSION PUNJAB HARYANA
How to appeal against the order of the State Forum?
Any person aggrieved by an order made by State Forum may file an appeal against such order to the National commission within a period of 30 days from the date of the receipt of order.
How to appeal against the order of the National Commission?
Any person aggrieved by an order made by the National commission may file an appeal against such order to the Supreme within a period of 30 days from the date of the receipt of order.
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What are the rights given to a consumer under this Act?
Consumers have following rights
1. Right to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be heard
5. Right to seek Redressal
6. Right to Consumer Education
Can an advocate be held liable for the deficiency in services under this act?
Yes, an advocate can held liable under the consumer protection act for the deficiency in his services.
In the case of M. Veerappa v. Evelyn SequeiraAIR 1988 SC 506 court held that A legal practitioner can be held liable for the deficiency in the services and cannot get exemption under this act.
For deficiency in the services compensation can claimed under the sec 2(1) (g) of the Consumer Protection Act,1986.
Also Read- BEST LAWYER AND ADVOCATES
What is the fee for filing the complainant before the district forum and commissions?
| Sl. No. | Total Value of goods or services and the compensation claimed | Fee payable |
| District Forum | ||
| (1) | Up to one lakh rupees – For complainants who are under the Below Poverty Line | Nil |
| (2) | Upto one lakh rupees – For complainants above poverty line | Rs.100 |
| (3) | Above one lakh and up to five lakh rupees | Rs.200 |
| (4) | Above five lakh and up to ten lakh rupees | Rs.400 |
| (5) | Above ten lakh and up to twenty lakh rupees | Rs.500 |
| State Commission | ||
| (6) | Above twenty lakh and upto fifty lakh rupees | Rs.2000 |
| (7) | Above fifty lakh and upto one crore rupees | Rs.4000 |
| National Commission | ||
| (8) | Above one crore rupees | Rs.5000 |
Also Read- CONSUMER COURT- A QUICK GUIDE FOR TRICITY
You must consult best/top/expert Consumer Court or State Consumer Commission lawyer advocate of Chandigarh Panchklula Mohali Zirakpur Derbassi Kharar before filing your consumer case.
This post is written by Nidhi Sharma of Punjabi University (Patiala). For more info, please dial 99888-17966.
