When
can I approach a consumer court?
You can approach the consumer guidance society and consumer court
if the goods you have purchased have any defect in quality quantity,
purity or standard. You may also do so if the service you have paid
for has any fault, shortcoming or inadequacy. in the quality, nature
and manner of performance. The list of services is long, including
the nature of transport, telephones, electricity construction, banking,
insurance, medical treatment, etc. By and large, services of Professionals
such as doctors, engineers, architects, lawyers, etc come under
the purview of consumer courts.
Who
can approach the consumer courts?
· The consumer or his authorized agent
· Any voluntary consumer association
· The government (central or state)
· A group of consumers, when there are numerous consumers
having the same complaint
. A consumer is defined as the person who buys or agrees to buy
any goods or service for a consideration.
What
happens if I have bought the goods on installments?
Even if you have partly paid for an item or service or under any
method of deferred payment you can file a complaint if it is defective
or deficient.
Can
I file a complaint in case the good is purchased for a commercial
purpose?
No. If the purchase of goods (or service) is for commercial or resale
purpose, you cannot file a complaint in the consumer courts. You
have to approach the civil court. There is an exception though.
If you are a self-employed person and the product (or service) is
exclusively for the purpose of earning your livelihood, you may
approach the consumer court.
Where
do I file a complaint?
The Consumer Protection Act, 1986, has created three-tier quasi-judicial
machinery. In case of disputes you can approach consumer courts
at the national, state or district levels. About 571 (of which are
539 are functional, 32 are non-functional) consumer forums have
been established across the country at the district level, 35 at
the state level, and one at the apex national level.
If
the cost of goods or services and compensation you seek is:
· up to Rs.20 lakh (earlier 5 lakh) you can approach the
District Forum
· above Rs.20 lakh up to Rs. one crore you can approach the
State Commission
· above Rs.one crore, you can file the complaint before the
National Commission in New Delhi. (A comprehensive amendment was
passed effective from l5th March, 2003 revising the earlier slabs).
Complaint can be filed at the district forum where the cause of
action has arisen or where the branch office of the opposite party
is located.
Do
I pay any fee to the consumer courts while filing a complaint?
. Rejoice. There is no fee for filing a complaint either before
the District Forum, or the State Commission or the National Commission
Is
there a time limit to filing a complaint?
Yes. The complaint is to be filed within two years from
the date on which cause of action has arisen unless it can be proved
that there was a good enough reason for filing a complaint after
the lapse of two years
What
is the procedure to file a complaint?
You can either personally file the complaint at the appropriate
Forum / Commission. The complaint can also be sent through registered
post, courier, fax and speed post,
Your complaint should contain the following information:
- Your name, description and the address
- The name, description and address of the opposite party/parties,
-
The facts relating to complaint and when and where it arose;
- Documents, if any , in support of the allegations contained in
the complaint. (Copy of the invoice, receipt, warrenty card, correspondence/complaints
made in writing).
8. What is the procedure to file a complaint?
You
can either personally file the complaint at the appropriate Forum
/ Commission. The complaint can also be sent through registered
post, courier, fax and speed post,
Your complaint should contain the following information:
- Your name, description and the address
- The name, description and address of the opposite party/parties,
-
The facts relating to complaint and when and where it arose;
- Documents, if any , in support of the allegations contained in
the complaint. (Copy of the invoice, receipt, warrenty card, correspondence/complaints
made in writing).
Don't get taken for a ride by any retailer, manufacturer or service
provider. Get to know the procedures involved in grievance redressal.
Manisha Parikh Srivastava offers a
comprehensive guide
·
The relief (compensation) that you are seeking.
There should be 4 copies of the complaint on plain paper plus a
copy each.for the opposite party A stamp paper is not required but
you must sign the complaint papers.
Try
and first talk to the retailer manufacturer or service provider
and check if your problem can be solved before approaching any consumer
guidance society or forum.
What
is the kind of relief available to me?
Depending on the nature of relief you seek and the facts, the consumer
courts may give orders for one or more of the following relief:
(a) removal of defects from the goods
(b) replacement of the goods
(c) refund of the price paid (d) award of compensation for the loss
or injury suffered
(e) removal of defects or deficiencies in the services (f) discontinuance
of unfair trade practices or restrictive trade practices or direction
not to repeat them
(g) withdrawal of hazardous goods from being sold
(h) award for parties based on costs
If
I am not satisfied with the order or relief can I appeal?
Yes Appeal against the decision of the District Forum can be filed
before the State Commission within 30 days Appeal against the decision
of a State Commission can be filed before the National Commission
within 30 days. Appeal against the orders of the National Commission
can be filed before the Supreme Court within a period of 30 days.
Procedure for filing the appeal is the same as that of complaint,
except the application should be accompanied by the orders of the
District or State Commission. Also, the reasons for filing the appeal
should be specified.
List
of useful addresses for this purpose?
· The Complaints Committee, Consumer Guidance Society of
India Block J,
Mahapalika Marg Opp.
Cama Hospital Mumbai 400 001.
Tel.: 2262 1612 Fax: 2265 9715
Email: cgsibom@bom4.vsnl.net.in
·
Council for Fair Business Practices
Great Western Building 130/132 Shaheed Bhagatsingh Road Opp. Lion
Gate,
Mumbai 400 039.
Tel.: 2284 4783
· Mumbai Grahak Panchayat Grahak Bhavan,
Sant Dnyaneshwar Marg Juhu Vile Parle, J.V.P.D Scheme
near Cooper Hospital
Mumbai 400 056.
Tel.: 2620 9319/2623 8124
·
South & Central Mumbai Dist. Consumer Dispute Forum
Arun Chember, 6th Floor,
Tardeo, Mumbai Central (W),
Mumbai - 400 007.
·
Mumbai Sub. Dist. Forum Administrative Bldg.
3rd Floor, Bandra Govt. Colony,
Near C.B.D. Bandra (E),
Mumbai - 400 051.
.
Consumer Education & Research Centre
'Suraksha Sankool', Thaltej,
Sarkhej-Gandhinagar Highway,
Ahmedabad-380 054 (INDIA)
Phone: 7489945-46, 7450528, 7451097 FAX: 079 -7489947
http://www.cercindia.org
·
Maharashtra State Commission, Old Administrative Staff College,
Opp. V.T. Station, Hazarimal Somani Marg, Mumbai - 400 001.
·
National Consumer Disputes Rederssal Commission
http://ncdrc.nic.in
·
Ministry of Consumer Affairs, food & Public Distribution (Government
of India)
http://www.fcamin.nic.in
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