UNIT 18 CONSUMR RIGHTS AND

PROTECTION
Structure

18.0 Objectives
18.1 Introduction
18.2 Consumer Protection Act (CPA) 1986
18.2.1 Salient Features of the c.P. Act
18.3 Some Definitions and Terms
18.3.1 Defect, Deficiency and Unfair Trade

18.4 Rights of Consumers

J 8.4.1 Duties of Consumers as a Corollary to Rights

18.5 Grievance Redressal Machinery

18.6 Complaints Before the Consumer Courts
18.6.1 What Constitutes a Complaint?
18.6.2 Procedure for Filing Complaints

18.7 Let Us Sum Up

] 8.8 Answers to Check Your Progress Exercises

18.0 OBJECTIVES
This unit is to make you aware of your rights as consumers, and the mechanisms
available for protection of consumer interests as provided by Consumer Protection
Act. After reading this unit you will be able to know:

• who is a consumer;
• the basic features of consumer Protection Act;
• the rights available to consumers;
• the mechanism available for redressal of consumer grievances; and
• how and where to file complaints against violation of consumer rights.

18.1 INTRODUCTION
We all are consumers as we purchase goods and services. As consumers we are
concerned with our money, health, safety and social environment. However, most
of the time, as consumers we feel cheated or are taken for granted. False or
misleading advertisements, bargain effort, and gifts, non-compliance of product safety
standards, hoarding of goods or no response to complaints, etc. ultimately make us
victims of sellers market.

The situation is changing now. In many ways Consumers are getting aware of the
need to get proper value of money. World over there has been growing movements
24 for protection of consumer interests. The governments are also responding positively.
 Consumer Rights
Consumers are now protected by several laws. These laws confer a number of
and Protection
rights on consumer and impose duties on manufacturers, sellers and service providers.
Government of India in 1986 enacted the Consumer Protection Act for better
protection of the interests of consumers. This Act gives to consumers certain rights
and also provides a simple mechanism for redressal of their complaints.

With the enactment of Consumer Protection Act, 1986 the scenario has undergone
a change. Rights of consumers have been given a statutory recognition. Three-tier
grievance redressal machinery at the District, State and National levels has been
constituted. Consumer is sought to be installed as a king.

18.2 CONSUMER PROTECTION ACT (CPA)

1986
The Consumer Protection Act can be considered a significant achievement of the
consumer movement.

With the growing awareness among consumers about protection of their interests and
demands from consumer movement a need for laws for consumer rights and dealing
with their complaints in an easier and effective manner was felt. The Parliament of
India, therefore, enacted the Consumer Protection Act in 1986. All the provisions
of the Act came into force with effect from 1 July 1987. The Act was amended in
1991 and 1993. To make the Consumer Protection Act more functional and
purposeful a comprehensive amendment was carried out in December 2002 and
brought into force from 15 March 2003. As a sequal the Consumer Protection
Rules 1987 were also amended and notified on 5 March 2004. The main objective
of this Act is to provide for better protection of the consumers. Unlike some of the
existing laws which are punitive or preventive in nature, the provisions of this Act are
comprehensive in nature. That means a consumer can get a faulty item replaced or
refund of the cost paid. The Consumer may also get compensation for any loss
suffered. The Act intends to provide simple, speedy and inexpensive redressal to
consumer gnevances.

18.2.1 Salient Features of the C.P. Act

Salient features of the Act are:

.1) The Act aims to provide better and all-round protection to consumers.

2) In terms of geographical application, it applys to the whole ofIndia except the

State of Jammu and Kashmir.

3) It applys to all goods and services unless otherwise expressly notified by the Central
Government.

4) It is indeed a very unique and highly progressive piece of social welfare legislation
and is acclaimed as the magna carta ofIndian consumers. The Act has made the
consumer movement really going and more powerful, broad-based and effective
and people oriented. Infact, the Act and its amendments have brought fresh hopes
to the beleaguered Indian consumer. This is the only law which directly pertains to
market place and seeks to redress complaints arising from it. Even prior to 1986,
there were in force a number of laws which could be interpreted in favour ofthe
consumers. But, this Act is most powerful piece oflegislation the consumer has
,:l!l1l Rights in
had before] 986. Its provisions are very comprehensive and highly efficaciou .
\ -yday Life

In fact, it provides more effective protection to consumers than any corresponding

legislation in force even in countries which are considered to be much more
advanced.

5) It provid . effective afeguard to the con timer again t different type of

exploitation such a defective go d , unsatisfactory (or deficient) service and
unfair trade practices.

18.3 SOME DEFINITIONS AND TERMS

To be able to use the provisions of CP. Act you should know the terms used in the
Act for use. These are as given below

Who is a Consumer?

A consumer is anyone who buys or agrees to buy any goods for a consideration
which has been paid or promised or partly paid and partly promised or under any
system of deferred payment. Consumer also includes any user of such goods other
than the person who actually buys goods and such use is made with the approval
ofthe purchaser. However, a person is not a consumer if he/she obtains such goods
for re-sale or for any commercial purpo e .. It has been held in a case where a lady
purchased a photocopier for the sole purpose of earning her livelihood and not for
large scale business or trading activity that it was not a commercial activity and she
was considered a consumer ( the secretary, Consumer Guidance & Research Society
l f lndia vs. Mls BPL lndi;l;f.:,td.-l (1992) CP] 140 NC). The Amendment Act 1993
al-e has added that "commercial purpose" does not include use by a consumer of
goods bought and used by him exclusively for purpose of earning his livelihood by
means of self employment.

1:1 the case of "services" a "consumer" means a person who hires or avails of any
service or services for a consideration which has been paid or promised or partly
paid and partly promised or under any system of deferred payment. It also includes
any beneficiary of such service other than the one who actually hires or avails of the
service for consideration and such services are availed with the approval of such
person. It does not include the rendering of any service free of charge or under a
contract of personal service.

What is a service?

The "service", in the Act, means service of any description which is made available
to its potential users and includes provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of electrical or other energy, boarding
or lodging or both, entertainment or amusement or the upply of news or other
information etc. The definition, thus is very wide and extends to any or all actual or
potential user: of course with the consent of the person who has paid for that.

Under the Consumer Protection Act, a consumer can lodge complaints about his
doctor, lawyer, tax consultant, tailor-master or another services for which he has paid
and feels that he has not been given his due. In all these matters the grievances of
the consumers have been attended and the consumer forums in different parts of the
country have issued suitable directions. Some examples:
 Consumer Rights
Service rendered by private doctors is covered by the provisions of the Act. Education
and Protection
is also a service within tile purview of the act. Hiring of Marriage Hall also involves
rendering of services:

Who is a Trader?

Any person who sells or distributes any goods for sale or a manufacturer of such
goods and in case of goods sold in package form, the packer thereof is a trader

Who is Manufacturer?

'Manufacturer' means a person who makes or manufactures goods or parts thereof.

Even ifhe only assembled parts thereof made or manufactured by others and claims
the end product to be goods manufactured by himself, he is a manufacturer. Finally,
if a person puts, or causes to be put, his own mark on any goods made by any other
manufacturer and claims same as his own, he is also a manufacturer. However, a
branch office shall not be deemed to be a manufacture even though it assembled
parts of goods dispatched to it by the manufacturer's head office.

Who is a person?

Law protects the rights but rights are protected of entities. Under the Act, a firm,
whether registered or not, HUF (Hindu Undivided Family), a cooperative Society
and every other association of persons whether registered under the Societies
Registration Act, 1860 or not, are included in the definition of a person.

18.3.1 Defect, Deficiency and Unfair Trade

"Defect" means any fault, imperfection or shortcoming in the quality, quantity, nature
and manner of performance which is required to be maintained by or under any law
or as is claimed by the trader in any manner whatsoever in relation to any goods.
Suppressing facts regarding the goods' transaction/sale amounts to defects in goods.

What is an unfair trade practice?

"Unfair trade practice" means a trade practice, which for the purpose of promoting
the sale, use, or supply of any goods, or for the provision practices and thereby
causing injury to the consumer of such goods of services. These include:

1) Falsely representing goods about their standard, grade, style, model or composition,

2) Falsely representing that the services are of a particular standard, quality or grade,

3) Falsely representing any rebuilt, secondhand, renovated, reconditioned, old goods

as new goods,

4) Falsely representing that goods or services have sponsorship, approval, performance,

characteristics, accessories use or benefits, which they do not have,

5) Misleading statement/representation concerning the need for or usefulness of any

goods or services,

6) Giving any warranty or guarantee of the performance, efficiency or length or life of .'
any goods and not fulfils his obligation,
'')'7
 Human Rights in
7) Misleads the public about the price of any goods, service or trade of another person,
Everyday Life

8) Any trade practice which deceives public through bargain price by advertisement.

18.4 RIGHTS OF CONSUMERS

By Consumer rights we mean those rights which are, provided legally to protect
consumer interests. In other words it can be said that these are rights designed to
ensure that all consumers obtain goods and services of reasonable quality at fair
prices. In legal terms protection of consumer interest by provision of rights also
means imposition of duties on the sellers, manufactures and providers of services.
Therefore violation of these rights and duties may entail legal action.

For the first time in India, the Consumer Protetion Act, 1986 extended a statutory
recognition to the rights of consumers. Section 6 of the Act recognizes the following
six rights of consumers:

1) Right to Safety

Right to safety means the right to be protected against marketing of goods and
services which are hazardous to life and property. In other words purchased goods
or services should meet standards of safety.

2) Right to be Informed

The Right to be informed about the quality, quatity, potency, purity, standard and
price of-goods or services, as the case may be, so as to protect the consumer against
unfair trade practices. It means that consumer can insist on getting all the information
about the product or service before making a choice or decision. The manufacture
or traders is duty bound to provide this information.

Te right to be informed now goes beyond avoiding deception and the protection
against misleading advertising, labeling or other practices. Consumers should be
provided with adequate information enabling them to act wisely and responsibly.

3) Right to Choose

It means right to be assured, wherever possible, access to a variety of goods and

services at competitive price. In other words a buyer has a right to buy a product
of his/her choice and get satisfaction out of a number of products available in terms
of quality and price of goods. In case a particular product is manufactured by only
one producer that is a monopoly product say, railways, telephone, etc, it means right
to be assured of satisfactory quality and service at a fair price.

4) Right to be Heard

The Right to be heard means that the consumers' interests will receive due
consideration at appropriate forum. It also includes rights to be represented in \.
various fora established to consider the consumers' welfare.
,
v
5) Right to Seek Redressal

It means the right to seek redressal against unfair practices or restrictive trade
practices or unscrupulous exploitation of consumers. It also includes right to fair
 Consumer Rigb,
settlement of the genuine grievances of the consumers and right to receive compensation
and Protcctio-i
for faulty goods or services. Redressal is the natural follow-up of hearing of complaints
and making a settlement in a manner that is acceptable to the consumer as well as
the seller.

6) Right to Consumer Education

It means the right to acquire the knowledge and skill to be an informed consumer.

For this availability of information at various levels and through various means is
essential. This will help consumers in protecting themselves against fraudulent, deceitful
and grossly misleading information, advertisement or other practices.

18.4.1 Duties of Consumers as a Corollary to Rights

It is also a fact of social life that rights and duties are two sides of the same coin.
As consumers we have two types of duties. One, duties which are required for
enforcement of our own rights. For instance, for meaningful enforcement of rights to
safety and healthy environment it is our duty to buy only ISI marked goods, particularly
where safety is most important, for example, electric/electronic items, helmet etc.
Similarly, for eatables, particularly, spices, oils, ghee, atta, etc, it is our duty to buy
packed foods with an AGMARK certification. The AGMARK products ensure the
four rights (1) the right to safety (2) the right to be informed (3) the right to choose
and (4) the right to be heard. It is also our duty to check out the batch number and
date of manufacturing etc. when buying packed items.

Second type of duties are duties towards others. These can be called our social and
ecological responsibility. It means that as consumers we should make responsible
choices about our purchases and consumption in relation to society and the
environment. Pollution, exhaustion of resources and energy, and the proliferation and
hazardous wastes are all problems associated with irresponsible consumption.
Purchase of a sub-standard vehicle emitting too much smoke affects other's right for
healthy environment. Over purchasing of goods which are in short supply affects
others rights to availability and fair price, etc. Therefore, let us not forget that the
choices we make as consumers affect others and in particular the environment.

Check Your Progress 1

1) Describe the salient features of Consumer Protection Act.

2) According to CPA who is a Consumer?

')0
Human Rights in
Everyday Life
3) What do you understand by Deficiency and Unfair Trade Practice?

4) Describe the rights provided to consumers by the Consumer Protection Act?

18.5 GRIEVANCE REDRESSAL MACHINERY

To provide simple, speedy and inexpensive redressal of consumer grievances under
CP Act, a three tier quasi-judicial machinery, popularly known as consumer courts,
at the national state and district levels have been set up. These courts are designed
to render free redressal to the consumers disputes against any defective goods and
deficient services which include unfair and restrictive trade practice . The redressal
machinery consists of the following agencies, namely,

a) Con umer Disputes Redressal Forum known as the 'District Forum'

b) Consumer Disputes Redrcssal Commission known as the 'State Commission'

c) National Consumer Disputes Redressal Commission known as the 'National

Commission'

District Forum

A consumer redressal forum, known as a District Forum is established by the State

Government in each district. There can be more than one forum in a district.

Each District Forum consists of a president and two other members. The president
is a person who has been or is qualified to be a District Judge. The two other
members are persons of ability, standing and integrity and have adequate knowledge
or experience or have shown capacity in dealing with problems relating to economics,
law, commerce, accountancy, industry, public affairs or administration. One of the
members has to be a women.

Every appointment to the District Forum is made by the State Government on

recommendation of selection committee consisting of

i) The president of State Commission - Chairman

ii) Secretary, Law Department ofthe State - Member
iii) Secretary incharge ofthe Department dealing with Consumer Affairs in the State-
Member

30
 Consumer I i ,hts
Jurisdiction
and Protection

I) The 'District Forum' has jurisdiction to entertain complaints where the value of
goods, services, and compensa ion claimed (if any) d es not exceed Rs. f ve lakhs.

2) A complaint can be filed in the istrict Forum in whose territorial jurisdiction the
opposite party or parties, ' t the time of instruction of complaint, actually and
voluntarily resides, carri s on business, has a branch office : lC personally works for
gam.

3) If any of the Pi osit parties does not \ 01 untari ly reside, carry on business, have a
branch office or personal y works for gain t c District Forum should grant permission
or the 0 posite parties shall! consent to such an institution.

4) TlC corr r ai 1t :11 aiso be filed cfore the istricr Forum in W rosejurisdiction the
cause 0 action, wholly v.:'1 r-art, arises.

State Cornu ission

State Commission cOI1si"I~; ofthree members. 0 ic ofthem i. I:,,,: Presi lent and UiW
of the members should be a \\ oman. The President ofthe State C)l1':·n;.,:-;; ]' i ;"
person who is or has been J judge of the high Court. The two other n cmbe :; , e
person of ability, integrity and stan Ii 2 and have adequate knowledge or .xperiencc
or have shown capacity in dealing with problems relating lo economics, aw, C0l1I11crc<.",
accountancy, industry, public affairs or admit isu arion. The Consumer P orcction
(amendment) Act, 1993 has provided that no appointment is to h: i1;~ide except after
consultation with tt Chief Justice of High Court. The other l\VO members arc
a pointer by the State G rvernment on the reconu rendation of a Selection COl umtree
consisting of

i) President of State Commission - Chairman

ii) Secretary of the T .aw Department of the State -- Member

Jurisdiction ofthe State Commission

The state commission can ntcrtain the complaints where the value ofthc goods or
services and compensation if any, claimed exceeds rupees five lakh but does not
exceed rupees twenty lakhs.

The state commissi 11 also listens ~ ipeals against the orders of any District Forum
within the "cl!l. 11 can call for the 1'("('( r<b and pass appropriate orders ill any
consumer di"i .t : 'hi:h is pending e Cll\.. or has DCCl decided by any District
Forum \. c.,' .', . '~,,'.~ where it appears to the State C n'~imission that such District
Forum has exe T1S xi a jurisdiction not vested in it by law, or has failed to exercise
a jurisdiction so vested 01 has acted in exer ise on its jurisdiction illegally or with
material irregularity

National Commission
,
,
I The National Commission consists of a President and four other members. The
J
person to be appointed President is one who has been a judge of the Supreme
Court. Four other members shall be persons of ability, integrity and standing having
adequate knowledge of consumer affairs.
31
 '.
IIUIII"IIr{i~hl~ il,
The President is appointed hy the Central Jovernmcnt after consultation with the
Ew":- day Lit"•..
Chici' J usticc of India. The 01 her members are appointed b the Central Government
on the recommendat ion at" a Selection Committee consisting or:
,
a) a person who is ajudge ot the Supreme Court, nominated by the ChiefJustice or
India - Member.
b) Secretary of the Department dealing with consumer affairs in the Government of
India -- Member .

• J 1I risdiction

The National Commission can entertain complaints directly where the value of the
goods or services and compensation, if any, claimed exceeds rupees twenty lakhx

It also hears appeals against the orders of any state commission. It can call for the
records and pass appropriate orucrs in any consumer dispute which is pending
before or has been decided by allY state commission where it appears to the Nation»
Commission that such State Commission has exercised a jurisdiction not vested in
it by law, or had ac1t:d in the exercise of its jurisdiction illegally or with material
irrcgulur y.

An appeal against the deci: io.. ul the National Commission can be made in the
Suprv , ut of lnc ia Within a period oithirty days from the date of such orders.

~! r- \ MPLAINTS BEFORE THE CON~VMER

COURTS
Ifyou have purchased something and the same is deficient in quality and if you have
hired somebody for rendering services and the services are ne)! to your satisfaction
and have paid for the same, you are eligible to file Cl complaint be 'ore the consumer
court. As said before, there are three types of consumer courts. Th ' District Forum,
The State Commission and the National Commission.

Depending on the amount of money involved, any consumer, which feels he/she has
been genuinely cheated, duped, or otherwise harassed can file a complaint at the
appropriate forum, available .

••' Ifthe CO'it of the goods or services and compensation' sked for, IS upto rupees five
I•.kJJ,then the complaint can be filed in the District Forum where the cause of action
has partly or fully arisen or where the opposite party reside. A complaint can also
be filed at a place where the opposite party carries on his business or where the
branch office ofthe opposite party is located.
• If the cost of goods or services and compensation asked for is more than rupees
five lakh but upto twenty lakh, the complaint can be filed before the State
Commission,
• If the cn<.;t of goods or services and compensation asked for exceed rupees
twenty rakh, the complaint can be tiled before the National Commission at New
Delhi.

Apart Iron this the SUprl:1l1C CULlI( of India is the final court of appeal. Even
,:i. .. ','j) ';,f{l., :"J;L h," ,')f- .. 'I,no'· r~7: j~i.ll~(.: ('.lnsti~rd!Uli \..d'jnJ;~i 1"~'iLC(l: of writ
 Cunsurncr Rights
jurisdiction is always open in case any of the ll;(.j:.,ions of the act itself arc inpunged
and !'rutectioll
or challenged before the 1ii:-:i (''':.t -t or Supreme Court respectively.

18.. 1 \, '!hH C nstitutes a Complaint'?

Ut der the Act, a complaint means any allegation in writing made by a complainant
in regard to one or more of the following:

• Any unfair trade practice as defined in the Act or restrictive trade practice s i1kt~-
tie up sales adopted by any trader.
• One or more defects in the goods. The goods hazardous to life and safety, when
used, are being offered for sale to publ ic in contravention of provision of any law
for the time being in force.
• Deficiencies in services.
III A trader charging excess of price
i) fixed by or under (lI1Y law for the time being in force; or
ii) displayed on goods: or
iii) displayed on any packet containing such goods:

Who an fde a complaint?

The following can file a complaint under the Ace

• Aeon umer
• Any oluntary consumer organization registered under tbe Societies Registration
Act, or Companies Act, 1956 or under any law for the time being in force.
11 The Central Government
• The State Government or Union' 'erritory Administrations
o One or more con. timers on behalf of numerous consumers who are havi 19 the
same interest (class action complaints).

A complaint can be filed by either of the aforesaid entities. One can go to the COUI1
as individual or for a grievance of public nature through an association or throu gi lone
or more consumers in case the dispute involves a grievance of common interest. The
concept of public interest litigation is also available in case of matters of general and
greater public interest. r inally government may, sua malo initiate action under the
Act.

18.6.2 Procedure for Filing Complaints

• There is no court fee required for filing a complaint before the District Forum, the
State Commission or the National Commission.
• The complainant or any of hisiher authorized agent/person can present the complaint
in person. It is not obligatory/necessary to engage a lawyer, ev n consumer
organization can be authorized to represent the case.
• The complaint can be sent by post to the appropriate Forum/Commission.

What a Complaint should contain?

a) the name, description and the address ofthe complainant;

Human Righl~ in b) the r :I111C ( '~(; tpti ) I ",1 I (lddn .... (If he or rositc party or panic ,a~ the C"lS
Everyday Life
may bc, a' i'l a Lll': cri be a. ccnai led,
e) the f~':1' i clo ing to corn »laint and when and where i arose:
d) doci. ue.n i:' '1I1~. 11 ',up )011 ( f le ullcg.uion '( nt, med in the m] taint;
C) the reliefwhicl tI c COil I' m.mt i coking
• The Complaint should be signed y 11.-.:i..\ I) npl:l innnt (If) j ;.%.:r authonzcc agent.

• The complaint i to be filed \ 'ithil t\\ () yea c., lro n t;IL' ( all.~l Jl wl i< h cause of
action has arisen, This pcrio 1 'an b 'O! ri ne m ne!" I" b,' r le EL It'\.!,sl:11
Agency,

Procedure f r filin appeals:

e ,t the
1j1,::t! <.!~~ain d 'ci~i 11 of a Dist 'ie1 For 111 can be tiled bclo 'e th tate
COli mi'. ...i n withi: ,I
IV'rilll.l olihirty day' ,'\ • -eul ag:lil~SIth . dccision ofa : 'la c
('U! '!mi xion ea: C f;~'xll1l: or the lational '01 m li. sion within thirty days. P le' l
d~ "1', ItKU! i .."o'th:.;;tion·t\Comm·s~i()nc;1nbefik!h fore the Suprc ne
~""'ll_ll ~1~-::na pl:~lq!oft iirt: l;~..'s:r im th date of he 0 'dcr. le R ressal 1-

r- v . .ui C jl1(!\ ne t'i', limitation of period III merits.

i'l,
J .1..1 •..• · •••.• ..., Id '.
,.
L~" •
, r
1 It.'

, I.). l: lP; tIlL' ap)L, !I ';"1 I.' : •.. that (,Ceoll )1::111[, I:. L~'lt !1.1' the
: .ution ,,110ll l-,\. ,'1.'); lnalli .:,; ; 1-...:order" pf' the Di: trict Forum'S . II
~·G.11' 1.S. i )J1 as lh,' Cl\., . h", dill grout ,;. ., 1I illS h' 'I 1))l"1I . nould I L
spcciluxl.

S reedy ispos I.

To cnsur 1"1,'l"d cb osa of COl surner grievance ..

• It is ohli g.uory oi the L m] I:. i ant or appellant or their authorized ~ ':(:1 l and the
opposite parties to appear before the Forum/Commission on the date or ',11ing or
ny other date to whieh hearing could be adjourned.

11 e ~lational Commi sion, tate Cornn issions ,,1;.1 ')i:trict F( rums ar, :' .quir 'd
to decide complaints, as far as possible, within (1 eriod of9tl days fr 111 the iatc
of notic _ received by the opposite party where corn ilain. does not re uire
analysis or testing of th commodities and within 150 days if it rec !if(' analysis
or tcsti g or commodi i ~,
,~, I'C l ic l'ppositc pany or its agent {; ils to appc; on t 1 ' l';~ C 1)1' hearing, th
(")111),.. ' T'~)I' 1111111(1)' decided the cot 111ai, I cx-p.: tc

Advantage of a )\'o"'t'hil g consun r IIW ,.

4f Provides simple, speedy and inexpensiv "('dr"~'salcompared to the Civil Court:"

aggrieved consumers with small claims need not wait for long to get justice,
• Simple complaint is enough explaining facts of the case with supporting docum nts
for seeking relief '
o Cornpl int can be filed in pn __
on or by post.
 consumer KlghtS
• Complaint can be filed where the cause of action partly or fully arose or where
and Protection
the opposite party resides, carries on business or has a branch office.
• Justice free of cost, court fees not required.
• Engaging lawyer is not compulsory, any authorized agent can appear on behalf
of consumer/opposite party.
• Time bound disposal of cases, i.e. as far as possible, within 90 days from the
date of notice received by the opposite party case needs to be decided, in 150
days where testing is involved.
• There is a court in every district, in addition to a State Commission in each State
and a National Commission which is.located in New Delhi.

Precautions

From the above it becomes clear that Consumer Protection Act provides a very
useful, easy and less time consuming mechanism for consumers for redressal of-their
grievances. It is important for consumers to make use of the same. At the same
time it must be kept in mind that consumer courts admit a complaint only if it is filed
within two years from the date on which the course of action arose. A complaint
filed after a period of two years is entertained only if the complainant is able to satisfy
the members of the consumer forum that he or she had sufficient reasons for not filing
...the complaint within the stipulated period. Such a complaint cannot be entertained
unless the concerned Consumer Forum records its reasons for condoning such a
delay.

Another
.<#1
important point that needs to be taken care of is that if the complaint filed
~'ls found to be frivolous and vexatious, the redressal agency can dismiss a complaint
. and order the complainant to pay the opposite party such cost up to Rs. 10,000/-
It is therefore, important that false complaints are not filed just to settle scores with
some trader or service provider. Of course in genuine cases consumers should not
feel shy to file complaints.

Check Your Progress 2

1) Describe the three tier redressal machinery provided by CPA.

2) According to CPA What constitutes a Complaint? Who can file a Complaint?

-.,
')

-
~
'0
. ,
t) 3) What procedure needs to be followed to file a complaint?
D
\1 '11 l "! l~i,,'1 I ~ ;11
.... ; ih·

•••• to ••••••••••••••••••••••••••••••••••••••••••••••••• , .0 . to'

.
•••••• , ••••••••••••

n \\! hilt are the advantages in filing complaints under CPA?

to ••••••••••••• to •••• >t ••••• t •••••••••••• to "l, ••••••• 0 ••••••••••••••••••••••• , ••.••..••••••

••••• ', .•••••••••••••••••••••••• ! •••••••••••••••••••••••••• '0' lOO ••••••••• to ••••••••••••••••

-----,---------------------------------------------------
sS.7 ET US SUM UP
11 I this un it you have read about the Rights which are given to Consumers by the
<. 'onsumer Protection Act. These: rights include Right to Safety, Right to be informed,
Right to Chouse, Right to be hcared, Right to seek Redressal and Right to Consumer
I ~dLlCltiull. For meaningful implementation ofthese rights the CPA also provides for
a three tier Rcdre sal machinery consisting of District Forum, State Commission and
National Commission. It is very easy and almost free to file complaints in these
'~()'d~1 InlCT court. You have also learnt in what cases complaint can be filed, who can
tile complaint and what is the procedure. for filing the same. You as a consumer can
use r;]is in tormation to protect your rights as Consumer and get proper value for your
11' .1l:Y.

18.8 ANSWERS TO CHECK YOUR

PH.OGRESS EXERCISES
Check Your Progress 1

:' The Act (a) provides better and ail round protection (b) gives consumers their
rights Cc)applies to all goods and services including provided by the government
(d) provides an easy and effective machinery for redressal of grievances, (e) is
operative all over India except in the state of Jammu and Kashmir.

_) Refer to sub-section 18.3.

-') a) Deficiency means any fault, imperfection, shortcoming or inadequacy in service,

performed by a person, for which he/she has been paid

b) Secsub-section18.3.1.

,~) Righr-, ofConsumers arc

i) Righ: . \ Safety (ii) Right to be Informed (iii) Right to Choose (iv) Right to be
Heard .'~ight to seek Redressal (vi) Right to Consumer Education.

0( heck Your Progress 2

1) Three Tier Redressal machinery consists of District Consumer Forum, State

C ornmi ssion and National Commission, For thei r constitution and jurisdictions
refer to section 18.5.
 Lonsumer l~Jgms
2) An allegation in writing made by a complainant about unfair practice, defects in
and Protcctinn
goods, deficiency in service, charging excess price etc. is complaint.

3) See Sub-section 18.6.2.

4) It provides simple, speedy and effective redressal mechanism,justice provided is

free of cost, engaging lawyer is not compulsory, procedure is time bound and
provision for appeals is also provided.

37