The hard work has been done by the people at KSCDRC in their Citizen charter document, I am just reproducing some of the useful information from that below (pages 222-226). It is basically a summary of the most useful and relevant points for consumers from Consumer Protection Act, 1986 and Consumer Protection Rules, 1987.
CONSUMERS KNOW YOUR RIGHTS
All of us are consumers of goods and services. For the purpose of the Consumer Protection Act, the word “Consumer” has been defined separately for “goods” and “Services”
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For the purpose of “goods”, a consumer means a person belonging to the following categories:
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One 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;
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It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser.
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For the purpose of “Services”, a “consumer” means a person belonging to the following categories;
* One 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 includes any beneficiary of such services other than the one who actually hires or avails of the services for consideration and such services are availed with the approval of such person.
Consumer Rights
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Right to be protected against goods and service hazardous to life and property.
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Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services.
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Right to choice wherever possible, access to a variety of goods and services at competitive prices
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Right to be head and to be assured that consumers’ interests will receive due consideration at appropriate forums.
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Right to seek Redressal against unfair trade practices and unscrupulous exploitation
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Right to consumer education
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Right to a healthy environment
Consumer Protection Act, 1986
The Act envisages three-tier quasi-judicial machinery at the National, State and District levels.
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National Consumer Disputes Redressal Commission- known as National Commission
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State Consumer Disputes Redressal Commission- known as State Commission
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District Consumer Disputes Redressal Forums- known as District Forum.
Ambit of Consumer Protection Act
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The Act applies to all goods and services unless exempted by the Government
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It covers all the sectors whether private, public or cooperative.
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The Provisions of the Act are compensatory in nature.
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The provisions of the Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
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The Act envisages establishment of Consumer Protection Councils at Central, State and District levels, whose main objects will be to promote and protect the rights of the consumers.
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:-
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Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader
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One or more defects in goods. The goods hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force.
Deficiencies in Service
A trader charging excess of price.
(i) Fixed by or under any law for the time being in force; or (ii) displayed on goods; or(iii) displayed on any packet containing such goods
Procedure for complaint
Procedure for filing complaints and seeking Redressal are simple. There is a nominal fee for filing a complaint before the District Forum, the state Commission or the National Commission.(A Stamp paper is also not required).
As per the State Government notification dt.23.06.2005, the fee structure for filing a complaint before the District Forum & State Commission are as follows:-
As per sub section 1 of section 12 of the C.P.Act, every complaint filed before the district forum or state commission shall be accompanied by appropriate fee as specified in the above table paid in the form of crossed Demand Draft drawn on nationalized Bank, drawn in favour of the President of the District Forum of the District and payable at the respective place where the District Forum is situated. The Complaints under section 12(1) r/w sec 17 of the C.P.Act, every complaint shall be accompanied by appropriate fee as specified in the above table paid in the form of crossed Demand Draft drawn on nationalized Bank drawn in favour of the President of the State Commission of the concerned state and payable at the head quarters of the State Commission.
Four copies of the complaint on plain paper along with the copies of documents if any to be produced and copies depending on the number of opposite parties are required to be filed.
Relief available to Consumers
Depending on the facts and circumstances, the Redressal Forums may give order for one or more of the following reliefs.
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Removal of defects from goods.
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Replacement of the goods;
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Refund of the price paid;
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Award of compensation for the loss or injury suffered;
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Removal of deficiencies in services;
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Discontinuance of unfair trade practices or direction not to repeat them;
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Withdrawal of the hazardous goods from being offered to sale; or
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Award for adequate costs to parties
Jurisdiction
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If the cost of goods or services and compensation asked for is up to Rs.20 lakhs, then the complaint can be filed in the District Forum which has been notified by the State Government for the district where the cause of action has arisen or where the opposite Party resides. A Complaint can also be filed at a place where the branch office of the opposite party is located.
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If the cost of goods or service and compensation asked for is more than Rs.20 lakh, but less than Rs.one crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned.
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If the cost of goods or services and compensation asked for exceeds Rs. One Crore then the complaint can be filed before the National Commission at Delhi.
Contents of Complaint
Procedures for filing complaints and seeking Redressal are simple. A Complaint should contain the following information:-
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The name, description and address of the complainant.
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The name, description and address of the opposite party or parties, as the case may be as for as they can be ascertained.
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The facts relating to complaint and when and where it arose.
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Documents, if any, in support of the allegations contained in the complaint.
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The relief which the complainant is seeking. The complaint should be signed by the complainant or his authorized agent. The Complaint is to be filed within two years from the date on which the cause of action has arisen.
Procedure for Appeal
Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order 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 filing it within the period.
Every appeal preferred under the section 15 shall be in the form of a memorandum and be presented by the Appellant or his authorized agent to the State Commission in person or be sent by registered post addressed to the Commission.
Each memorandum shall be accompanied by a certified copy of the order of the District Forum appealed against and such of the documents as may be required to support the grounds urged in the memorandum
When the Appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation
The Appellant shall submit four copies of the memorandum to the State Commission for official purposes and copies depending on the number of opposite parties are required to be filed.
On the date of hearing or any other subsequent date to which hearing may be adjourned, it shall be obligatory for the appellant/Complainant or their authorized agent to appear before the State Commission.
If the appellant/ Complainant or Respondent/Opposite party or parties or his authorized agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or proceed to dispose it on the merits of the case.
Sir, please advise me on this matter.
I had bought a Whirlpool refrigerator 2 months back, which has suddenly malfunctioned. On giving a complaint to the company, a technician was sent who said that a part in the fridge needs to be replaced. But the part has to be ordered, and he cannot tel me how much time its going to take. Its causing a lot of inconvenience to my wife as we both are full time working parents.
When i asked for a replacement instead of repair ( since its a brand new product), the company representative is refusing to do so.
Can i file a complaint in the consumer court? What procedure do i have to take?
Kindly give me some advise
Sid
HI Sir,
I have taken treatment from an hospital and I applied for reimbursement with medi assist. Medi Assist approved the claim on July 3rd 2018 and they need max to max 5-7 working days but till today I have not received any refund on my claim (Today July 20 2018). I it possible to raise a complaint against medi assist and its insurance company.
Please clarify me on this.
Surely you can, and even IRDA has mechanism to file such complaints easily.
http://www.policyholder.gov.in/Report.aspx#
Request to be paid interest on delayed payment.
Sir,
I own an Scorpio car and recently the front tier ripped of the chassis and it had to pay around 1.4 lacs (including insurance claim).
When discussed with Mahindra customer care/service center ,this is said to be the rarest case and they were not able to explain the cause as vehicle did not involve in any major accident.
The company offered a meager sum as the compensation so wanted to check if I can approach consumer court for the entire compensation . This is a 2011 model vehicle and out of warranty.
Also, in the past I had to replace the clutch & brake 4 times, which shows the quality of the vehicle.
You can file for full claim of 1.4 lacs + compensation, since it seems a serious defect or lack of quality of model. Whether it’s rare case or not is not something which can be justifiable excuse by Mahindra to get out of liability, in my opinion.
Sir,
I have booked a hotel from clearTrip, there were two variants of room available in the Hotel, Superior Room and Dormatry Rooms when I was booking I have selected Superior Room and proceeded for the payment but after payment I have got confirmation for Dormatry copy, Since I was planning for vacation along with my family I decided to cancel the booking immediately the amount what I paid is Rs 7688/- and after cancelling I have got notice that only Rs 1528/- is refunded back, I called the customer care and informed the incident, they told that they are forwarding the case to the technical team for investigation and the issue will be resolved and entire money will be refunded back, but after several days they have not refunded only Rs 1528/- only. Can I file a case against them, if so How can i do that?
Thanks!
Anand
Send them one final notice, and if they still don’t refund you can follow the steps given in posts on this site to file complaint.
Hi Vivek,
Thanks for this article and few others on similar topics.
I am in dilemma on whether to register a complaint in Consumer Forum as I am not sure whether it really falls under unfair trade practices.
I bought a flat in Bangalore (Electronic City) from a reputed builder. It was ready-to-move-in apartment. From the very first day, I started inquiring about parking lot allotment and I was shown couple of good parking lots and was told that one of those would be allotted to me in due course. From the time of booking to registration, I kept on requesting for parking allotment but got the same response. On the day of handover I was given a very bad parking lot and was told that the allotment was done 1 year back using a lottery system.
I am really not contesting the right of the management to allot parking lots in a transparent way. However my grievance is that why it was not shared with me at the time of booking and it was disclosed when I had no choice to back-out from the deal. As a customer I feel cheated as the builder intentionally concealed this information from me and kept on assuring me so that I go ahead with the deal. If the parking lot had been shown to me during booking I would have never purchased this flat. Now after investing 50 lacs, I am totally shattered of not getting what I was promised for.
Now my questions are (I have already lodged a complaint in National Consumer Helpline. The builder didn’t respond to the complaint):
1. Whether this case stands any chance in Consumer Forum? Can this (not disclosing parking allotment) be termed as Unfair Trade Practice.
2. Builder is simply stating that the agreement doesn’t have this information, so they are not liable. However I am arguing that Agreement was kept intentionally incomplete to conceal certain facts. I have few emails sent by me inquiring about allotment but they never responded. Does Consumer Forum look into other evidences apart from the Agreement, like emails as evidence?
3. As a preference, I would like to get the parking lot promised to me. However, as the builder is stating that those parking lots are already allotted to other flats, I am thinking of some compensation from the builder. Is there a certain way compensations are computed by Consumer Forums?
Looking forward to get some suggestion from you.
Thanks,
Bivas Banerjee.
>>2. Builder is simply stating that the agreement doesn’t have this information, so they are not liable. However I am arguing that Agreement was kept intentionally incomplete to conceal certain facts. I have few emails sent by me inquiring about allotment but they never responded. Does Consumer Forum look into other evidences apart from the Agreement, like emails as evidence?
The agreement ideally should mention at least the words “1 car parking” or something specific like that. If it doesn’t, then your case becomes somewhat weaker but all hope is not lost. You have to argue that no one buys apartment without car parking, and if other customers’ sale agreements are also quiet on this part, but they do have car parking, then it is implied in contract that customers are getting car parking without it being mentioned. It will be rather poor due diligence on customers’ part though if they sign up on agreement if it doesn’t mention car parking at all.
The emails can be supporting and can become part of contract. You can ask for compensation. Take pics of the car parking and describe in complaint why it is not good enough for your needs or any reasonable person’s needs.
Hi Sir/Mam, I bought 2 T-Shirts from one person who is doing adervertisement in facebook and whatsapp.
But i received very bad quality and different design T-shirts compare to got pics from him. So since last 12 days i am trying to conatct him but he is avoding my call and said he will not do any return and replace , also he said what every you can do legal that do it. The cost of T-shirts is not big but the way he talked, respond call, and behaved is really really bad. I thought i am not first person that he did like this. That’s why i want to do some legal things against him so in future no one will suffer like this type of things in world.
More and more such cases of whatsapp/instagram/facebook based businesses are being reported. And there is nothing wrong with it as such.
However now that you want to teach him a lesson, you need to have his name, business address etc to be able to send written notice from consumer forum. The whatsapp screeshots etc can work as proof that the person is doing business but an address is required too.
And if he’s a crook then most probably he may have thought of avoiding receiving summons etc, so you should get some proof somehow that the given address is the right business address, so he can’t escape with the excuse later that the address was wrong so the notice never reached him. If the address is wrong then notice will anyway get returned as undelivered and normally court process won’t start until notice is proven to be received by OP, or if refused by OP then ex-parte order may happen against him.
Booked a flat on Sep 2014 with committed delivery by Dec 2014 and interest for the housing loan will be paid by Builder till the possession. But till today (27th July) the flat is not delivered to me and the builder stopped paying the interest to Bank. I got legal notice from bank that last 3 months the interest is not paid and the account become (NPA- Non performing asset). In this case can i file consumer complaint. The cost of the flat is 35 lakhs and paid 95% amount to Builder through bank loan. Kindly provide your guidance
Who has the final liability to pay interest to bank? If it’s you, then loan becoming NPA could have repercussions in the sense that bank might initiate foreclosure proceedings if the interest is still unpaid for a long duration.
You can file consumer forum complaint, or try RERA if applicable to your case. RERA is now notified in Karnataka.
http://economictimes.indiatimes.com/wealth/personal-finance-news/990-projects-registered-on-last-day-with-karnataka-rera/articleshow/59859008.cms
http://rera.karnataka.gov.in/
Sir As per the agreement, builder has to pay the interest till the possession of the flat and also as per tripartite agreement “if the builder is delayed the delivery/possession of flat” then builder is responsible for repayment of loan and interest along with Borrower”. i am trying to reach him but he is not available for in-person meeting and answers only through the agent.
>>then builder is responsible for repayment of loan and interest along with Borrower
That makes you also responsible for paying interest, and bank may come after you since they know that builders are hard nuts to crack but retail loan applicants are law abiding citizens.
When there is a shortcoming regarding their own deliveries, most builders become unapproachable or unreachable. That’s a learned technique of their doing business. Filing case via RERA or consumer forum may be only way to get him out of the ‘hole’.
Hi Sir,
Thank you so much for valuable information on consumer goods and services.
I have purchased Samsung AC in the month of February 2017, for the first few days it was working fine. But as it was February we didn’t use it on regular basis, but in the month of April all of sudden it stopped giving cool air. I raised a request with customer care, after 4 days they inspected and said there was a leakage in the gas system. After two days They filled gas but then also cooling was not proper. Now also I am having the same problem, Also internal unit it not able recognize temperature. My request at customer care is still opened, could you please let me know if I can log a complaint and ask for the refund (because the problem persists even after repairing)?
Thanks in advance
Naga
If the AC is so bad that it doesn’t work even after multiple repairs, you can ask for refund in consumer forum. The OP may however say that they are willing to give a full replacement unit, in which case you have to decide what to do, or give convincing reason why you want only refund and not willing to take a replacement unit. In that case you can argue that with so much time wasted and lack of usage of product when it was really needed during summer, you don’t have confidence that company’s products will be able to deliver the promised quality.
Dear Sir,
I have purchased Lenovo Vibe k5 Plus mobile from Flipkart on 31-Mar-2016, and from day-1 I have been facing problems like Battery drain issue and excess heating issue.
But neither the Lenovo, nor the flipkart is resolving the issue, Everytime they ask me to visit lenovo service center and returns the mobile with NO fix.
Now i am tired approaching lenovo/flipkart guys to fix the issue. So I asked them to refund the amount, but they still asking to visit service center.
And last week again I have visited lenovo centre and submitted my device to fix the issues mentioned above, now after keeping the device for 6 days, they are saying the pCB got damaged with water logged(which is not true) and can be fixed with chargable basis.
When I asked them, If the issues are there from day-1, does it mean that its a manufacturing defect, and gave me defect peice?Because we cannot go to service centre and get the device checked with them, to confirm weather it has any manufacturing defects, but they have no answers for this.
So Please let me know can I file a legal case on them and ask for amount refund or get the device replaced?
Mobile is working absolutly fine, but has only 2 issues mentioned above.
Only lenovo is responsible for warranty and manufacturing defect, seller has no role. If they can’t fix within reasonable time or provide a replacement you can file consumer forum complaint.
Sir
As. I have purchased Samsung refrigerator Ref of model # RT37K3763SP/HL, bearing serial # 03HG4PAH401076Z. From reliance digital at Maruthi Mandir stores at vijaynagar Bangalore 560040. On 15/05/2016 sir as refrigerator which I purchased was Invertor technology so I tride with different mode of settings
As it was not working from the day one after all sort of checking I have raised an complaint on sumsung company through the reliance stores as they said we have fight with brand warranty sir theiris n proper response from sumsung as well reliance sir they are arsing us on may ways sir they say each of the executive that each and every part of refgretor as to be changed meanwhile PCB/Cooling sensors motherboard has to be changed they are not ready to answer allthese as to be changed in short period of time of usage they not ready to give reason they are saying that they will give only the service they will not exchange it here the reliancdigital said they will by back for 75 % of amount will be buy back so what should I do for complaint on consumer furm give me the suggestion please.
Trying to talk to reliance digital to fix manufacturing defect in product is no use since they are retail seller, not manufacturer which is Samsung.
So you can follow up with Samsung, and according to me they are right in saying that they will repair/service the product… if it is not fixed even after repairs and the problems persist, you are within your right to demand a proper fix including replacement if that is the only fix for it. And if that doesn’t happen, door to consumer court can be opened.
Hi,
My wife used an international Publishing House’s Self Publishing Services to print a book of poems with graphics. The Service Agreement that she signed had clearly documented a specific selling price of the both for the printed version as well as the eBook version. They had also told her that the book would be available internationally and in India as well. However after the book was published it got released only on international Amazon websites with a price tag of over 100% more than what was agreed upon (of course in foreign currency). We were told that the publisher has no control over what price Amazon will sell internationally. After much follow up they told us that Amazon will not sell in India for technical reasons that in India we cannot do digital printing which is a total lie!! Then they told us that due to technical reasons neither the eBook version will be published. All this was done not as part of the review of the draft but at the end when the publishing exercise was done.
Further they convinced my wife that they can sell us copies at a 50% discounted rate so that we can do our own marketing and selling. We paid for 200 copies and what we received was of such shoddy quality, with errors in page numbers, poor binding, etc…this is AFTER WE formally approved a version. So clearly the error was in production.
We now would like to know how to seek redressal against this multinational faceless organization that operates out of Delhi but with all their employees actually working out of the US.
You can take action only in civil court as per violation of contract terms
Hello Sir,
I had purchased LG TV & had taken personal loan from Bajaj Finserv. I have foreclosed both the loans and collected NOCs. But, my concern is they have added another Consumer durable loan into my name for the purchase of Samsung 3D TV worth of 65,000/-. I had raised compliant and written the same to Bajaj customer care mail ID (wecare@bajajfinserv.com), & got the reply saying that wrong account has been added to my name & they will not let my CIBIL to get affected.
But, I am receiving calls from collection team to pay the amount since Nov`14, Bajaj team has updated my name, my mobile no, address & email ID for that wrong account which does not belongs to me.
I have collected all the relevant documents like Purchase invoice of the person who actually bought Samsung TV, documents filled while purchasing the item. & all the documents are having his no, address, and name.
Unfortunately, his name & my name are same except Initial & our DOB is also same 🙁
I met one of the members from collection team of Bajaj Finserv near my office & told him all the details of mistake that they have made, and have given the supporting docs to him. But he is not ready to listen to me. After giving the docs I am receiving the calls from collection team & they are using very harsh words & asking me to pay the amount.
Could you please suggest whether I need to go directly to main office & meet the manager or Lodge a case for the trouble I have been given & get justice?
Complain to banking ombudsman first. Not sure if Bajaj Finserv comes under their jurisdiction, so check their website first.
i have invested in online portal 5000rs for leads of personal loan.They stated that 100% conversation and genuine leads even getting from face book and also said replacements will be given.
But as my experience all are fake leads and asked for replacements they said customers are interested banks will provide for eligible customers but these customers dont have eligibility and they replaced some but same fake leads. They arguing that they recorded all the phone conversations
I am mentally frustrated i need justice
Seems to be a business deal, where you paid money to get leads but they didn’t give you right leads.
Business to business deals are not covered under consumer courts. You have choice of civil court but the court system being what it is, for 5K it may not be worth it.
Hello,
I have booked flat with a booking amount 3 lacs… i gave them 2 cheques one for 1 lakh and the other for 2 lakhs. I told the sales rep to present the second cheque( 2 lakhs) only after confirming with me and the builder team agreed to that. Meanwhile they presented both cheques and got cleared. My priority was to first pay off my son’s college fees and meanwhile would arrange for funds for the builder and once done request them to present the cheque. Now i am unable to arrange for funds and planning to cancel the booking… but the builder refuse to refund/reverse the transaction.. I am unable to pay my son’s fees now.. I am requesting the builder to refund 2 lakhs and process the 1 lakh for cancelation procedure which is 4 months as per the MOU. Please advise how i can get back the 2 lakhs which i intend to pay my son’s fees.
already replied by email