The Consumer Protection Act ensures justice for consumers, addressing issues from defective goods to deficient services. Empowering consumers with a roadmap from local to national courts, it advocates for fairness in disputes.
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INDIA: The Consumer Protection Act of 2019, implemented on August 9, 2019, supersedes the outdated 1986 law, addressing contemporary consumer concerns. With the introduction of the Central Consumer Protection Authority and an updated advertising code in September 2020, the Act aims to combat misleading marketing strategies, marking a significant advancement in consumer rights within the digital realm.
Who is a Consumer?
Section 2(7) of the Consumer Protection Act, 2019, defines a “consumer” as an individual who engages in transactions involving goods or services for personal use. This includes instances where payment is made upfront, promised, or through deferred payment arrangements. However, it explicitly excludes individuals who acquire goods or services for resale or any commercial purposes. Furthermore, the definition extends to encompass beneficiaries of services used with the approval of the purchaser, except when such services are intended for commercial purposes. The Act specifies that the term “commercial purpose” excludes using goods solely for self-employment to sustain a livelihood. Moreover, it broadens the scope to encompass various transaction methods, whether conducted offline or online, including electronic means, teleshopping, direct selling, or multi-level marketing.
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What is Consumer Forum?
A consumer forum, also known as a consumer court or consumer dispute redressal forum, is a legal body established to resolve disputes between consumers and sellers/service providers. These forums provide a platform for consumers to seek redressal for grievances related to defective goods, deficient services, unfair trade practices, or overcharging. They operate at various levels, including district, state, and national levels, and offer a relatively quick and cost-effective means for consumers to seek justice without the need for formal legal representation. The primary objective of consumer forums is to protect and promote consumer rights, ensuring fair and transparent transactions in the marketplace.
Grounds for Filing a Complaint:
- Adoption of unfair trade practices or restrictive trade practices by the service provider,
- Defective goods,
- Deficiency in services,
- Overcharging of goods or services,
- Selling hazardous goods or services.
Steps to Follow Before Filing a Complaint:
Before initiating legal proceedings, it’s essential to follow a structured approach:
- Intimation via Notice: While optional, sending a notice to the service provider outlining grievances is recommended.
- Drafting the Complaint: A formal complaint under the Consumer Protection Act, 2019 should be prepared if the service provider fails to offer compensation or remedy.
- Gathering Documents: Collect relevant evidence to support the case, including receipts, warranties, and written complaints.
Choosing the Right Consumer Forum:
Consumer complaints are addressed at different levels depending on the value of the claim:
- District Consumer Disputes Redressal Commission (DCDRC) for claims up to Rs 50 lakh.
- State Consumer Disputes Redressal Commission (SCDRC) for claims above Rs 50 lakh and within Rs 2 crore.
- National Consumer Dispute Redressal Commission (NCDRC) for claims exceeding Rs 2 crore.
Modes of Filling a Case:
There are two methods for filing a consumer complaint:
a. Offline: Directly at the relevant district commission.
b. Online: Through the E-dakhil portal.
Required documents for online filing include the complaint, index, memo of parties, and supporting evidence.
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Timeline for Resolution:
There is no fixed timeline, it depends on the circumstances-
- District Consumer Disputes Redressal Forum: Filing (few weeks to months), Hearing (1 to 3 months), Judgment (6 months to 2 years).
- State Consumer Disputes Redressal Commission: Filing (few weeks to months), Hearing (2 to 6 months), Judgment (1 to 3 years).
- National Consumer Disputes Redressal Commission: Filing (few weeks to months), Hearing (3 to 12 months), Judgment (1 to 5 years).
Review Petitions:
Orders passed by consumer commissions can be challenged through a review petition if there are compelling reasons or errors in the decision. A review petition enables a party to ask the consumer court to reevaluate its decision, typically based on evident errors in the record or other substantial justifications.