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Frequently Asked Questions
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.
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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.
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Do I pay any fee to the consumer
courts while filing a complaint?
Rejoice. There is nominal fee for filing a complaint 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).
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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).
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· 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.
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List of useful addresses for this
purpose?
· National Consumer Disputes Redressal Commission
http://ncdrc.nic.in
· Ministry of Consumer Affairs,
food & Public Distribution (Government of India)
http://www.fcamin.nic.in
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