In order to protect the consumer from exploitation and to save them from adulterated goods and bad services, Consumer Protection Act came into force to halt unfair practices in trade.
A complainant can be any person or a voluntary consumer association, central government or state government, legal heir of the consumer in case of death of the consumer, a group of consumer in case there are many consumer.
Features covered under CPA are:
- Applies to all good and services unless exempted specifically by the Central Government
- It covers all Public, Private and Co-operative Sectors
- Provisions of the act are compensatory in nature
- It provides for speedy simple and less expensive methods to file a case
- It provides for consumer councils at national, state and district level.
Sumbit your Issue Regarding Consumer Issue and get expert Legal Help
The Consumer Protection Act 2019 provides every consumer of goods and/ or services some rights mentioned under the act, such as:
- Right to Safety
- Right to be Informed
- Right to Choose
- Right to be Heard
- Right to Redressal
- Right to Consumer Education
How to file a Consumer Dispute Complaint?
A complaint can be filed on a white sheet or plain paper, there is no need for stamp paper or any such declaration. The complaint shall be containing the details of the complainant and the opposite party.
Where to file a complaint for Consumer Issues?
CPA provides for the establishment of various consumer dispute redressal forum at Centre, State and District level and a consumer can go to these forums with his/her plea.
- District Forum - The District forum hears the cases with claims up to 20 lakh rupees. Appeals from the district forum can be filled in the state commission.
- State Forum - The State forum hears the cases with claim above 20 lakhs to 1 crore rupees. Appeals from the State forum is heard in the National Forum.
- Central Forum or National Forum - The National forum hears the cases with the claims above 1 crore rupees. A consumer may, if he/she deems fit, may go for an appeal to the supreme court of India, if he/she is unsatisfied with the orders of national commission.
Documents required for filing Consumer Dispute Complaint
- The name and address of both the parties
- Date of purchase of goods or service availed
- The amount paid for such good or service
- Particulars of the goods purchased with the number and details of services availed.
- The main matter of the complaint that If it is an unfair trade practice, supply of defective goods or such other types of fraud.
- Particulars of the dispute.
- What relief is claimed by the complainant
- Additional documents attached to the complaint as evidence
- Finally the complaint signed by the complainant or his/her authorised agent.
It is not compulsory to hire a lawyer for such case. But it is advised to seek a professional help. A competent lawyer will help you with a better prepartion of case.
Deficiency in service is said when there is any kind of fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance of a service which is required to be maintained by or under any law for the time being in force or under pursuance of any contract.
An ‘unfair trade practice’ means and include any deceptive trade practice used for the promotion of sale, increase in supply of any goods or services, adoption of any unfair methods.
- When goods and services are not of stated standard, quality or grade
- When second hand, renovated goods are sold as new ones
- When goods and service do not have the claimed use, usefulness or benefit
- When products/services do not have the claimed warranty/guarantee
- When the price of product or service is misleading.
- False and Misleading Advertisement of selling at Bargain price.
- Offering gifts, prizes, etc. to lure customers with no intention of providing them.
- Selling goods which do not fall within the safety standards set up by competent authority.
- Hoarding or destroying goods with the intention of raising the cost of these or similar goods manufactured in greater number so as to manipulate higher prices.
- Manufacturing or offering spurious goods or adopting deceptive practices in the provision of services.
The manipulation of price or condition of delivery or to affect the flow of supply in the market in such a way which would directly affect the consumers to pay an unjustified cost of the product shall be termed as Restrictive trade practice.
A complaint may be made in writing under the following circumstances:
- Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider.
- The article purchased by a consumer is defective.
- The services availed of by a consumer suffer from any deficiency.
- A trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price;
- Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.
Every complaint shall clearly include the following information:
- The name and address of both the parties
- Date of purchase of goods or service availed
- The amount paid for such good or service
- Particulars of the goods purchased with the number and details of services availed.
- The main matter of the complaint that If it is an unfair trade practice, supply of defective goods or such other types of fraud.
- Particulars of the dispute.
- What relief is claimed by the complainant
- Additional documents attached to the complaint as evidence
- Finally the complaint signed by the complainant or his/her authorised agent.
Nation Toll Free Consumer Helpline Number : 1800-11-4000
You can also visit following websites to get detailed information:
A consumer, within 2 years from the date on which the cause of action arose, or the deficiency has been there in the service availed, or any such defect has been arose in the good, can file a complaint.
- Removal of Defect from the good.
- Replacement of the good.
- Refund of the price paid.
- Removal of defects or deficiency in the service.
- Award or compensation for the loss or injury suffered.
- To provide adequate cost to parties
- To issue correct advertisement to nullify the effect of misleading advertisement.
- Order to discontinue and not to practice such unfair or restrictive trade practice in future
- Order to withdraw sale of hazardous goods from market
- To cease manufacturing of hazardous goods and desist from offerings such services which are dangerous in nature.