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Consumer Protection Act
In India, liberalized trade policies have resulted in flooding of markets with various consumer goods and services. Various Government bodies are also providing services to the public. In this scenario, a situation might arise where quality of goods and services are not provided as promised to the consumer causing unnecessary hardship and loss.
In order to protect the consumer rights, the Govt. of India has enacted Consumer Protection Act, 1986 to provide speedy and inexpensive redressal of consumer grievances without procedural hassles.
Who is a Consumer ?
‘Consumer’ is any person who –
buys 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 resale or for any commercial purpose; or
Hires or avails of 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 or avails of the services for profit or commercial purpose.
What is consumer complaint?
Under the Consumer Protection 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 practices like tie-up sales adopted by any trader.
One or more defects in goods.
The goods hazardous to life and safety, when used or being offered for sale to public in contravention of provisions of any law for the time being in force.
Deficiencies in services.
A trader charging excess of price.
Structure of Consumer Protection Act
This Act created Consumer Disputes Redressal Forums at district, state and national levels.
District Consumer Disputes Redressal Forums
The lowest level of redressal commission are the District Forums and these are established in each District and have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed does not exceed Rs.5, 00,000 (FIVE LAKHS), and a complaint can be filed in a District Forum within the local limits of which: -
- The opposite party resides, or
- Carries on his business or works for gain, or
- Where the cause of action arises.
State Consumer Disputes Redressal Commission
The State Consumer Disputes Redress Commission is established in each state and these have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed exceeds Rs.5,00,000 (Five Lacs ) but does not exceed Rs.20,00,000 (Twenty Lacs ).
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission has jurisdiction to entertain complaints where the value of the goods or services and compensation if any claimed exceeds Rs.20,00,000 ( Twenty Lacs ).
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