Short notes on the consumer protection Act, 1963
Article XVII
SHORT NOTES ON THE CONSUMER PROTECTION ACT, 1986.
Posted on 10th July 2003
BY: SUDHAKAR DOKHANE
(Past President PEATA (I)
This is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.
Definitions: –
“Complaint” means any allegation in writing made by a complaint that : –
as a result of any unfair trade practice adopted by any trader, the complainant has suffered loss or damage;
the goods mentioned in the complaint suffer from one or more defects;
the services mentioned in the complaint suffer from deficiency in any respect;
a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods, with a view to obtaining any relief provided by or under this Act,
“Consumer” means any person who,-
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 and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;
“Consumer Dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;
“Defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or as is claimed by the trader in any manner whatsoever in relation to any goods;
“Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;
“District Forum” means a Consumer Disputes Redressal Forum established under Cl. (a) of Sec. 9; of the Act.
(7) “National Commission” means the National Consumer Disputes Redressal Commission established under Cl. (c) of Sec. 9;
“Person” includes,
a firm whether registered or not;
a Hindu undivided family;
a co-operative society;
every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860), or not;
“Service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying or news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
“State Commission” means a Consumer Disputes Redressal Commission
established in a State under Cl. (b) of Sec. 9; of the Act.
(11) ‘Unfair Trade Practice’ means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services, whether by eliminating or restricting or competition or otherwise, namely,-
The practice of making any statement, whether orally or in writing or by visible representation which,-
falsely represents that the goods are of a particular standard, quality grade, composition, style or model;
falsely represents, that the goods are of a particular standard, quality or grade;
falsely represents any rebuilt, second-hand, renovated, reconditioned or old goods as new goods;
represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;
represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;
makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;
gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on any adequate or proper test thereof:
Provided that where a defense is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defense shall lie on the person raising such defense;
makes to the public a representation in a form that purports to be
a warranty or guarantee of a product or of any goods or services, or
a promise to replace, maintain or repair an article or any part thereof or to repeal or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is not reasonable prospect that such warranty, guarantee or promise will be carried out;
materially misleads the public concerning the price at which a product or like products or goods or services have been, or are, ordinarily sold or provided and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by supplies generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;
give false or misleading facts disparaging the goods, services or trade of another person.
Consumer Disputes Redressal Agencies :
Establishment of Consumer Disputes Redressal Agencies: -
These shall be established for the purposes of this Act, the following agencies namely: -
a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government with the prior approval of the Central Government in each district of the State by notification;
a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government with the prior approval of the Central Government in the State by notification; and a National Consumer Disputes Redressal Commission established by the Central Government by notification.
Jurisdiction of the District Forum :
Subject to the other provisions of this Act, the district forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed is less than rupees one lakh.
Complaint shall be instituted in a district forum within the local limits of whose jurisdiction, the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business, or personally works for gain, or any of the opposite parties, where there are more then one, at time of the institution of the complaint, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the permission of the district forum is given, on the opposite parties who do not reside, or carry on business, or personally works for gain, as the case may be, acquiesce in such institution; or the cause of action, wholly or in part, arises.
No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.
For purposes of this section, the district forum shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely –
the summoning and enforcing attendance of any defendant or witness and examining the witness on oath;
the discovery and production of any document or other material object producible as evidence;
the reception of evidence on affidavits;
the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
issuing of any commission for the examination of any witness; and
any other matter which may be prescribed;
Every proceeding before the district forum shall be deemed to be a judicial proceeding within the meaning of Secs. 193 and 228 of the Indian Penal Code (45of 1860), and the district forum shall be deemed to be civil court for the purposes of Sec. 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Finding of the District Forum – (1) If, after the proceeding conducted under Sec. 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 approved, it shall issue an order to the opposite party directing him to take one or more of the following things, namely, –
to remove the defect pointed out by the appropriate laboratory from the goods in question;
to replace the goods with new goods of similar description which shall be free from any defect;
to return to the complaint the price, or, as the case may be, the charges paid by the complaint;
to pay such amount as may be awarded by it as compensation the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party.
Appeal: –
Any person aggrieved by an order made by the district forum may prefer
an appeal against such order to the state commission with in a period of thirty
days from the date of the order, in such form and manner as may be prescribed:
Provided that the state commission may entertain an appeal after the
expiry of the said period of thirty days if it is satisfied that there was sufficient
cause for not filling it within that period.
COMPLAINT UNDER CONSUMER PROTECTION ACT :
Aggrieved party can lodge his complaint with respective Redressal Forum with following documents and information: -
Application / Complaint with full name & address of the complainant, in regional language of the State. However it should be preferably in english for convenience.
Full name & address of the opponent.
Information about when and where cause of the complaint arose.
Detailed particulars and nature of complaint.
Prayer of reliefs sought including monetary claims, compensations; and its total value.
Certified true copies all relevant documents on which complaint is based and to be attached as Exhibits, with serial number.
Notes: i) The complaint with all annextures should be filed with the Forum, in
TRIPLICATE keeping one copy for your record with One extra full set for each of the opponent/s.
ii) The complaint can be submitted by hand delivery to the office of the forum. Do not forget to take receipt of acknowledgement on your office copy.
iii) The complaint can be sent by the Registered Post (A.D.) also.
LIST OF CONSUMER DISPUTE REDRESSAL FORUMS :
SR. NO.
FORUM
FOR CLAIM AMOUNT UPTO
DISTRICT LEVEL
1
For Island City of Mumbai
(Colaba to Sion)
Bombay District Consumer Disputes
Redressal Forum,
Madhu Industrial Estate
1st Floor, Pandurang Budhkar Marg,
Worli, Mumbai – 400 013
Rs. 5,00,000/-
Tel. No. 492 6041.
For Suburban Limits (Bandra to Dahisar & Chunabhatti – Kurla to Mulund)
Bombay Suburban District Forum
Consumer Disputes Redressal Forum
Sudarshan Building,
Room No. 1, 2 and 3
Gokhale Road South,
Off Bhavani Shankar Road,
Dadar, Mumbai – 400 028.
Rs. 3,00,000/-
Tel. No. 436 1831
THANE DISTRICT
Consumer Disputes Redressal Forum,
The Collector Office Building
1st Floor, Thane, Dist. Thane.
Rs. 3,00,000/-
Tel. No. 534 5042.
2
STATE LEVEL
FOR MAHARASHTRA
Maharashtra State Consumer
Disputes Redressal Commission
Old Administrative Staff College,
Room No. 102, Behind Capital Cinema,
Waudby Road, Mumbai – 400 001.
Above Rs. 5,00,000/- & up to
Rs. 20,00,000/-
Tel. No. 285 2097.
3
NATIONAL LEVEL
Above Rs. 20,00,000/-
FOR ALL INDIA JURISDICTION
The President
National Consumer Disputes
Redressal Commission,
“A” Wing, 5th Floor,
Janpath Bhavan,
New Delhi – 110 001.
You can also seek advice, guidance and lodge your complaints with following Consumer Organisations also: –
1
Consumer Guidance Society of India
(CGSI)
“J” Block, Mahapalika Marg,
Opposite Cama Hospital,
Mumbai 400 001.
Tel. No.262 1612
2
Mumbai Grahak Peth Panchayat (MGP)
Grahak Bhavan, (J.V.P.D. Market)
Sant Dhyaneshwar Marg,
Juhu Vile Parle Scheme, Juhu (W),
Mumbai – 400 056.
Tel. No. 620 9319.
3
Council For Fair Business Practices
(CFBP)
Great Western Building
130/132, Shahid Bhagat Singh Marg,
Opposite Lion Gate, Fort,
Mumbai – 400 039.
Tel. No. 284 4783.
