Central Vigilance Commission

National Human Rights Commission

For the Attention of Telephone Consumers

Consumers have a right to petition in courts if their grievances are not attended to. This right has been imbibed in the constitution and is the consumer’s fundamental right.

The Government has devised and established different forums for seeking redressal of consumers complaints. Consumer forums are only one of these. This compiled pamphlet details different forums a consumer could approach based on his/her problems.

Where do I file my complaint in Gurgaon?

The Consumer Court is No.5 in the Gol Dome Building. The complaints have to be submitted in duplicate alongwith a registered Envelope of the Respondents name. This will help in immediate despatch by the court. The complaint is  required to be filed in the court and then the date is given. Consumers should be encouraged to join the Voluntary Consumer association, which renders free advice. The membership is Rs 100/- for a life time.

National Legal Services Authority

The Government has established a National Legal Services Authority, through which certain segments of society could be provided free legal aid under certain conditions. This also, forms part of this pamphlet.

What Are Legal Services?

Legal services include the rendering of any service in the conduct of a case or legal proceeding before any court/Authority/Tribunal and the giving of advice on a legal matter. These are provided by way of:

• Providing Advocates at State expense.
• Paying Court fee on behalf of the eligible person.
• Bearing expenses regarding preparation of documents.
• Paying expenses for the summoning of witnesses, and
• Paying other incidental expenses connected with litigation.

Any Person Who Is Either:-

• A member of a Schedule Caste / Schedule Tribe;
• A victim of trafficking in human beings or a ‘beggar’ as referred to in Article 23 of the Constitution;
• A woman or a child;
• A mentally ill or otherwise disabled person;
• A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster; or
• An industrial workman;
• Or in custody, including that in a protective home, juvenile home, psychiatric hospital, psychiatric nursing home; or
• Having annual income less than Rs. 9000/- or such other higher amount as prescribed by the State Government if the case is before a court other than the Supreme Court, and less than Rs. 12000/- or such other higher amount, as prescribed by the Central Government if the case is before the Supreme Court. (The provisions are being amended enhancing the income ceiling to a minimum of Rs. 25000/- per annum for the cases upto High Courts and to Rs. 50000/- per annum for the cases before the Supreme Court of India.

Where To Go For Free Legal Services?

For obtaining free legal services, the eligible persons may contact Legal Services Authorities in every State, District and Taluk/Mandal.

Chief Justice of State High Court is ex-officio Patron-in-chief of State Legal Services Authority.

Serving of retired judge of State High Court is Executive Chairman of State Legal Services Authority.

A member of Higher Judicial Services is Member-Secretary of State Legal Services Authority.

District Judge of every District is Ex-officio Chairman of District Legal Services Authority.

Senior Civil Judge of every Taluk/Mandal is Ex-officio Chairman of Taluk Legal Services Committee.

What Are Lok Adalats?

• Lok Adalats are supplementary forum for conciliatory settlement of disputes.
• All categories of cases can be settled through Lok Adalats except criminal cases which are not compoundable.
• Lok Adalats have acquired a statutory base and the awards passed by the Lok Adalats are deemed to be decrees of the civil court or the order of any other court, and are binding on all parties to the dispute.
• There does not lie any appeal to any court against an award passed by Lok Adalat
• Permanent and continuous Lok Adalats are being set up in all District for encouraging the parties to resolve their disputes and differences amicably.

What More Legal Services Authorities Do?

The following Programs/Schemes have also been undertaken:

• ‘Legal Aid Counsel’ scheme for all the courts of Magistrates in the country to give timely and free legal assistance to the persons in custody;
• Legal aid and advice to prisoners in jail;
• Legal literacy and legal awareness campaign;
• Counseling Centers for guiding the public on legal issues;
• Legal aid clinics and camps to cover even the remotest areas including tribal areas for giving guidance to the people on legal matters, and
• Undertake social justice litigation regarding consumer protection, environmental protection or any other matter of special concern to weaker section of the society.

Consumer Courts

A CONSUMER IS A PERSON OR BODY OR ASSOCIATION THAT PURCHASES GOOD OR SERVICES FOR USE PURCHASES OF GOODS FOR COMMERCIAL PURPOSES IS NOT COVERED.

What does the action on traders/professionals entail?

The act provides of a complaint in writing in front of the requisite forum involving no court fee, stamp duty, or any form of expenses other than an attestation of your affidavit, that also on ordinary paper, typing and trips to the court which could range from four to five. The expenditure could be asked for if you win your case.

Who Can File A Complaint?

• Any consumer of goods or services
• Any Voluntary Organisation, the Central Government/ State Governments or the Union Territory.
• One or more consumers where there are numerous consumers with the same interest. Such persons that file a complaint are called the "COMPLAINT"

What Constitutes A Complaint?

Any complaint in writing covering:

• Unfair trade practices or restrictive trade practice adopted by a trader causing loss or damage to the consumer.
• Defective goods purchased
• Deficiency in service availed or agreed to be availed.
• Price charged is in excess to display price.
• Hazardous goods or services being offered for sale.

More allegations will not suffice. They have to be with proper evidence.

Goods/Defects/Deficiency

The connotation used under the Sale of Goods Act, 1930 in a Contract of Sale indicates:

• An implied condition on the part of the seller that in the case of a sale, he has the right to sell the goods, and in the case of an agreement to sell, he has the right to sell the goods at the time the property is to pass.
• An implied warranty that the buyer will have and enjoy quiet possession of the goods.
• An implied warranty that the goods shall be free from any charge or encumbrances in favour of any third party or known to the buyer before or at the time of the contract

There Are More Conditions in the said Act

The defects are related to any faults in service, imperfection or shortcomings in the quality, quantity, potency, purity or standard which is required to be maintained under law or contract.

Deficiency is basically related to any faults in service, imperfections, shortcomings or inadequacy in law or contract.

Manufacturer

A manufacturer is a person making or assembling goods or claiming to manufacturing them. And individual assembling goods of different manufacturers but not selling them under his brand name is not a manufacturer.

What Constitutes a Service?

Service of any description which is made available to potential users. Services like banking, financing, insurance, transport, processing, supply of electrical and other energy, board of lodging or both housing construction, entertainment, telephones, doctors services etc. are all covered.

Trader

A person who sells or distributes any goods. However if goods are sold in a packaged from then the person supplying the packaged goods is the Trader.

Unfair trade practice.

• Falsely representing goods or a standard they are not
• Falsely representing services
• Falsely representing reconditioned goods as new
• Representing that goods/services have sponsorship when they do not
• Making false or misleading not based on any tests.

Remedial Action

The remedies available to the complainant are not only restricted to this act. If complaints have been lodged in other forums, it does not debaar a complainant from seeking redressal from other forums as well.

The agencies constituted under the act are the Forums at the District, State and National levels.

The court of final appeal is the Supreme Court.

Jurisdiction

This is Original and Fiscal (financial) wherein disputed amount only.

• Claims under Rs. 5 Lacs are to be filed in District Forums.
• Claims above Rs. 5 Lacs upto Rs 20 Lacs are to be filed in State Forums.
• Claims above Rs. 20 Lacs are to be filled in the National Forum.

Territorial Jurisdiction

The code of Civil Procedure, 1908, which is confined to summoning only, lays down the Territorial Jurisdiction stipulating that

• Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides or carries on business, or personally works for gain, within the limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either o the said Courts. (Section 19).

Method of Filing Complaints

• Consumer Courts complaints are Summery Trials. Applicability of Civil Procedure Code only lays down the methodology of summoning of parties.
• A sample of the format filing is attached together with a sample affidavit. The affidavit is to accompany the complaint filed and may be attested by an Oath Commissioner buy typed on plain paper.
• Complaint is normally typed in three copies for Forums plus one for Opposite Party and one Office Copy.

• To remove defect pointed out.
• To replace goods
• To return the costs paid by the complainant
• To pay compensation as ordered for loss
• To remove defects in services
• To discontinue unfair trade practice
• To provide adequate costs to the complainant.

Abuse Of Act By Traders/Complainants

There are provisions in the act to prevent the abuse of the same by both the traders and the complainants. Section 26 of the Act stipulates the dismissal of the complaints, which are frivolous or vexatious. The attitude of the complainant can be assessed by the court and the complaint can be fined upto Rs. 10,000/- just as the Respondent (Trader/Professional) against whom the complaint is lodged, can be imprisoned form one month to three years plus an additional fine to Rs. 2,000/- to Rs. 10,000/- in case he does not comply with the orders of the court within the stipulated time prescribed by the court.

Statue Of Limitations

The Limitation Act of 1963, prescribed the statutory time limit for initiating various proceedings. However, the law does not prevent the extension of the time limit if the litigant can prove the reasons for delay and these are accepted by the court. The basic principles governing the Law of Limitations are:

• The Statue does not extinguish but only bars the remedy after the prescribed period has expired.
• In case such a remedy becomes time barred, a subsequent change in law extending the period of limitations will not by itself revive the remedy.
• The Law of Limitation in force at the time of instituting legal proceedings will only apply.

The Consumer Protection act clearly specifies in an amendment in 1993 in a new section 24A, that no forum will accept any cases unless the case is filed within a period of two years. However it also stipulates that delay may be condoned provided the reasons for condoning such delays are recorded.

The Act is therefore not to be used as a device of mere litigation but to provide justice to the correct quarters.

• The Consumer, by avoiding paying sales tax, plays into the hands of the trader. No proof would therefore be available without a receipt/cash memo etc. There would be no remedial action possible. Similarly with no arrangements for professional work creates a free atmosphere for ensuring consumer problems. Whether from a trader or from a professional written proof of commitments is necessary.
• Stipulations on the cash memo indicating that goods once sold will not be taken back are in violation of the Sale of Goods Act, 1930. This violates the rights of the Consumer and has no meaning for this act.
• The Consumer must verify the goods/services against the definition, description, specifications mentioned in the bills and samples available.
• If goods are under guarantee/warranties, all relevant papers duly authenticated should be taken properly.
• The Consumer must check the batch number, date of manufacture etc., wherever relevant especially when buying medicines, foodstuffs etc.
• The Government has advertised through media form time to time for the safety of the public regarding certain facets to bring out awareness. Consumers need to take these more seriously.
• Consumers may get items purchased, tested form approved laboratories, when in doubt.
• Consumers must ensure that prices paid by them are not in excess to those displayed.

TO BE AUTHENTICATED BY AN OATH COMMISSIONER