FAQ's on Consumer Court

Who is Consumer under Consumer Protection Act?

A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self-employment. The consideration may be:

  • Paid
  • Promised
  • Partly paid and partly promised.
Who is not consumer?

A person is not a consumer if he/she:

  • Purchase any goods for resale or for any commercial purposes.
  • purchases any goods or avails any service free of charge;
  • Purchases a good or hires a service for commercial purpose
Who can made Consumer Case under Consumer Protection Act?

A consumer as defined under Consumer Protection Act, 1986

  • Any voluntary consumer association;
  • Central Government or any State Government;
  • One or more consumers, where there are numerous consumers having same interest
  • In case of death of a consumer, his legal heir or representative.
Where to file a Complaint?
  • District Consumer Forum: for a claim of Compensation up to Rs.20 lakhs
  • State Commission: for a claim of Compensation above Rs.20 lakhs and up to Rs.1 crore
  • National Commission: for a claim of Compensation above Rs.1 crore
When the complaints can be made?
  • the article purchased by a consumer is defective
  • the services availed of by a consumer suffer from any deficiency
  • When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force
  • 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.
How to register the complaints?
  • The complaint can be filed on a plain paper
  • Stamp paper is not required for declaration
  • Complaint can be registered, in person, by the complainant or through his authorized agent or by post addressed to the Redressal Agency
  • The fees charged are very nominal according to the value of the claim
  • It should contain the details of the complainant and the opposite party
Is there any time limit for file a consumer complaint?

Complaint can be registered within 2 years from the date on which the cause of action has arisen

What are the reliefs provided under the Consumer Protection Act?

To remove the defects in the goods pointed out.

To replace the goods.

To return to the complainant the price of the goods

To pay such amount of compensation for the loss or injury suffered by the consumer.

To remove the defects or deficiency in the services.

To discontinue the unfair trade practice or not to repeat it.

To withdraw the hazardous goods from being offered for sale.

To provide the cost of expenditure incurred by the complainant

What is Unfair Trade Practice?
An “unfair trade practice” means a trade practice, which, for the purpose of promoting any sale, use or supply of any goods or services, adopts unfair method, or unfair or deceptive practice.
 
Do you know?
  • “Goods once sold will not be taken back” or
  • “No exchange”, or
  • “No refund under any circumstances”
 
It amounts to Unfair Trade Practice and does not carry any legal weight.
What is Restrictive Trade Practice?

Manipulation of price or conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions

What are goods?

“Goods” means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of the sale.

What are services?

Service” means service of any description which is made available to potential users and include, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal services.

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