1.

Introduction:

1.1 Who is a consumer?

A consumer is a person who consumes or uses any goods or services. Goods may be consumables
like wheat flour, salt, sugar, fruit etc. or durable items like television, refrigerator, toaster, mixer,
bicycle etc. Services refer to items like electricity, cooking gas, telephone, transportation, film
show etc. Normally, it is the consumption or use of goods and services that makes the person to
be called as ‘consumer’. But in the eyes of law, both the person who buys any goods or hires any
service for consideration (price) and the one who uses such goods and services with the approval
of the buyer are termed as consumers. For example, when your father buys apple for you and you
consume them, your father as well as yourself are treated as consumers. The same thing applies to
hiring a taxi to go to your school. In other words, even the buyer of goods and services whether he
uses them himself or purchases them for consumption or use by some other person(s) is treated as
consumer in the eyes of law. However, a person who buys goods for resale (like wholesaler,
retailer, etc.) or for any commercial purpose is not treated as consumer.

Under the Consumer Protection Act 1986, the word Consumer has been defined separately
for the purpose of goods and services:

a. For the purpose of goods, a consumer means (i) one who buys any goods for consideration;
and (ii) any user of such goods other than the person who actually buys it, provided such
use is made with the approval of the buyer. (The expression ‘consumer’ does not include a
person who obtains such goods for resale or for any commercial purpose.)
b. For the purpose of services, a consumer means (i) one who hires any service or services
for consideration; and (ii) any beneficiary of such service(s) provided the service is availed
with the approval of such person.

1.2 What is a complaint?

1|Page
Complaint means any allegation made in writing by the complainant that:

 As a result of any unfair trade practice adopted by any trade, he 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, and

 Price in excess of price fixed by or under any law for the time in force or displayed on the
goods or any package containing such goods has been charged by a trader. The purpose of the
complaint is to seek curtain relief.

1.3 Procedure on Receipt complaint:

It has been provided in Section 13 of the Act that the District Forum shall on receipt of a complaint,
if it relates to any goods, refer a copy of complaint to the opposite party mentioned in the complaint
directing him to give his version of case within a period of 30 days or such extended period not
exceeding 15 days as may be granted by the District Forum. Where the opposite party denies or
disputes allegation or omits or fails to take any action with in the time given, the District Forum
shall proceed to settle the dispute.

Where the complaint alleges a defect in the goods which cannot be determined without proper
analysis or test of the goods, the District Forum shall obtain sample of the goods from the
complainant seal it and authenticate it in the manner prescribed and refer the sample so sealed to
the appropriate laboratory along with a direction that such laboratory make analysis or test,
whichever may be necessary with a view to finding out whether such goods suffer from any defect
alleged in the complaint or suffer from any defect and to report its finding thereon to the District
forum within a time period of 45 days of the receipt of the reference or within such extended period
as may be granted by the District Forum.

Before any sample of the goods is referred to any appropriate laboratory, the District Forum may
require the complaint to deposit to the credit of the Forum such fees as may be specified for
payment to the laboratory for carrying out the necessary analysis or test in relation to the goods in
question.

2|Page
The District Forum shall remit the amount so deposited to its credit to the appropriate laboratory
to enable it to carry out the analysis or test mentioned above and on receipt of the report from the
appropriate laboratory, the District forum shall forward a copy of the receipt along with the
remarks as the District Forum may feel appropriate to the positive party.

It any of the parties disputes the correctness of the findings of the appropriate laboratory or disputes
the correctness of the methods of analysis or test adopted by the laboratory, the District forum shall
require the opposite part or the complainant to submit in writing his objectives in regard to the
report made by the appropriate laboratory. The District Forum thereafter shall give a reasonable
opportunity to both the parties of being heard on the point of correctness or otherwise of the report
and also as to the objection made in relation thereto and issue an appropriate order.

If the complaint received by it relates to goods in respect of which the procedure specified above
cannot be followed, or if the complaint relates to any services, the District Forum shall refer a copy
of such complaint to the opposite part directing him to give the version of the case within a period
of 30 days or such extended period not exceeding 15 days as may be granted by the District Forum.

Where the opposite party denies or disputes the allegation or omits or fails to take any action to
represent his case with in the time given by the District Forum, the District Forum shall proceed
to settle the disputes on the basis of the evidence brought to the notice by the complainant and the
opposite party. No proceeding complying with the procedure mentioned above shall be called in
question on the ground that the principles of natural justice have not been complied with.

2. Salient Features of Consumer Protection Act, 1986:

The salient features of the Act are as follows:

1. Coverage of Items:
This Act is applicable on all the products and services, until or unless any product or service is
especially debarred out of the scope of this Act by the Central Government.

3|Page
2. Coverage of Sectors:

This Act is applicable to all the areas whether private, public or cooperative.

3. Compensatory Nature of Provisions:

Many Acts have been passed for the help of consumers. Consumers enjoy the benefits of
these Acts but if a consumer wishes the Consumer Protection Act can provide extra help.
As a result the nature of provisions of this Act is compensating for the loss or providing
extra help. Consumer is totally free to enjoy the benefits provided in the Act.

4. Group of Consumer’s Rights:

This Act provides many rights to consumers. These rights are related to safety, information,
choice, representation, redressal, education etc.

5. Effective Safeguards:

This Act provides safety to consumers regarding defective products, dissatisfactory

services and unfair trade practices. So under the purview of this Act there is a provision to
ban all those activities which can cause a risk for consumer.

6. Three-tier Grievances Redressal Machinery:

Consumer courts have been established so that the consumers can enjoy their rights. This
Act presents Three- tier Grievances Redressal Machinery:

i. At District Level-District Forum

ii. At State Level -State Commission

iii. At National Level – National Commission.

7. Time Bound Redressal:

A main feature of the Act is that under this, the cases are decided in a limited time of period.

8. Consumer Protection Council:

4|Page
To favour consumer protection and to encourage consumer’s awareness there is a provision
in this Act to establish Consumer Protection Councils.

5|Page