RIGHTS OF AN AGGRIEVED CONSUMER



If we find any goods purchased or services availed deficient in quality, we have option to complain against the same in the consumers’ redressal forums. The Consumer Protection Act protects us. The main objective of the act is to provide for the better protection of consumers. The provisions of this Act are not punitive but compensatory in nature. It covers all the sectors whether private, public or cooperative.


SOME DEFINITIONS

Consumer: A consumer is any person who buys any goods for a consideration and user of such goods where the use is with the approval of buyer, any person who hires/avails of any service for a consideration and any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment.

Goods: Goods mean any movable property and also include shares, but do not include any auctionable claims.

Service: Service of any description such as banking, insurance, transport, processing, housing construction, supply of electrical energy, entertainment, board or lodging.

 


On a complaint from a consumer the consumer forum finds the facts and hears both the parties, the consumer and the seller or the service provider, as the case may be. On being satisfied on the arguments of the consumer and finding flaw in the goods suppied or the service proded, the Consumer Forum decides on the complaint. The provisions of the consumer Protection Act provided the following in this connection.

 


FINDING OF THE DISTRICT FORUM.


(1) If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely :-

(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;

(b) to replace the goods with new goods of similar description which shall be free from any defect;

(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant;

(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;

(e) to remove the defects or deficiencies in the services in question;

(f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;

(g) not to offer the hazardous goods for sale;

(h) to withdraw the hazardous goods from being offered for sale;

(i) to provide for adequate costs to parties…..

OTHER RELEVENT POINTS

(1) If the monetary value of the damages claimed is upto 20 lacs, the complained is to be lodged with the District Consumer Forum.

(2) If the monetary value of the damages claimed is more than Rs. 20 lacs, the complaint is to be lodged with the State Commision.

(3) If the monetary value of the damages claimed is more than Rs. 1 crore, the complaint is to be lodged with the National Commision.

The above information is mere a guideline; and the person who wants to avail the remedies under these provisions should contact his/her lawyer with specific details about the facts of his/her case.

If any friend has any question regarding the above subject, he/she may ask the same through the COMMENT on this blog. If the query is too personal, then he/she can send me a note for the same.

 

http://naval-langa.sulekha.com/blog/post/2008/06/legal-legal-rights-of-an-agrieved-consumer.htm