Professional Documents
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Means right to seek redressal against unfair trade practices or unscrupulous exploitation of
consumers. It also includes right to fair settlement of the genuine grievances of the consumer.
Consumers must make complaint for their genuine grievances.Many a times their complaint may
be of small value but its impact on the society as a whole may be very large. They can also take
the help of consumer organisations in seeking redressal of their grievances.
Consumer Forum:
Consumer Forums are special courts for consumers who buy or avail services. Consumer forums
works under/as per Consumer Protection Act 1986 (CPA 1986). Any customer who falls under
definition of consumer under CPA 1986 can lodge his/her complaint in forums. There are 3 types
of forums and fourth top most is Supreme court.
2.State - Hear cases for claims of above 20 lacs to 1 crore, also hears appeal against District
forum judgements
3.National - Hear cases for claims for above above 1 crore, , also hears appeal against State
forum judgements
These forums are the only courts where you do not need advocate and can fight your case
yourself until n unless you have knowledge of your case and little bit law
The objectives of the Central Council is to promote and to protect the rights of the consumers
such as:-
The right to be protected against the marketing of goods and services which are hazardous to life
and property.
The right to be informed about the quality, quantity, potency, purity, standard and price of goods
or services, as the case may be so as to protect the consumer against unfair trade practices;
The right to be assured, wherever possible, access to a variety of goods and services at
competitive prices ;
The right to be heard and to be assured that consumer's interest will receive due consideration
at appropriate forums;
The right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers
CONSUMER GUIDANCE SOCIETY OF INDIA (CGSI) was THE FIRST CONSUMER ORGANISATION
ESTABLISHED IN INDIA IN 1966.
Consumer Courts:
Consumer Court is a special purpose court in India that deals with cases regarding
consumer disputes, conflicts and grievances. They are judiciary hearings set up by the
government to protect the consumers' rights. Its main function is to maintain the fair
practices & contracts by sellers. Consumers can file a case against a seller if they are
cheated or exploited by sellers. The court will only give a verdict in favour of the
consumers/customers if they have proof of exploitation, i.e., bills or purchase memos. If
a consumer does not have the proper documents required for filing a case then it would
be very difficult for the consumer to win or even file a case.
Right to Safety: The right to be protected from all types of hazardous goods and services
Right to Information: The right to be fully informed about the performance and quality
of all goods and services
If you have purchased goods or services for your business, for example for re-selling
them, you are not a consumer.
But if you have purchased goods or services, like medicines, computers, mobiles, etc. for
your own use, or mediclaim insurance policies, you are certainly a consumer.
Secondly, you must give a notice in writing to the supplier or service provider asking him
to rectify the faults, defects, etc.
The notice should be simple, clearly pointing out your grievances, and requesting the
supplier or service provider to rectify the faults, defects, etc. or replace the goods.
You should address the notice to the nearest address available, so that if you have to file
a Complaint, it will be in the nearest consumer forum.
Thirdly, the Complaint must be filed within 2 years of the cause of action.
If there are reasonable causes for delay in filing the Complaint, you can always request
the Consumer Forum to condone the delay.
The Complaint: The following is the procedure for filing a Complaint before the District
Forums.
(State Forums and National Forums have their own rules, but they are essentially the
same)
Although it is not essential that the Complaint should be typed, it is always better to get
it typed, double spaced, with at least 1½ inches of margin space on the left, top and
bottom.
The Complaint has to be arranged in the following Order and you have to page number
all documents.
1. Index giving the page number(s) of each document.
2. Application for condonation of delay (if there is delay), giving the reasons for the delay
duly affirmed before a notary public.
4. You can appear before the Consumer Forums in person, or allow a close relative to
appear for you.
But if you are engaging an advocate to appear on your behalf, you have to enclose a
Vakalatnama, But then, your advocate will be doing all the paper work and attending the
hearings.
If you are authorizing, your close relative to appear for you,you have to enclose a letter
of authority.
6. Copies of all documents on which you rely upon in support of your Complaint.
In addition, if the Complaint is admitted, you will have to submit as many more copies as
there are parties.
The jurisdiction, that is the Consumer Forum, where you should file your Complaint
depends on the amount involved.
Redressal is Combersome:
the consumer redresssal proces is becoming cumbersome because of the following
reasons:
2. These cases require time for filing and attendind court proceedings etc.
3.In most purchases cash memos are ot issued, hence evidenc is not easy to gather.
Moreover most purchases in the market are swmall retail sales.
4.The existing laws are also not very clear on the issue of compesation to consumers
injure dby defective products.
Bibliography:
Consumer Redressal:Confonet (https://confonet.nic.in/ConsumerRights.html
:Quora (https://www.quora.com/How-do-I-register-a-complaint-in-
consumer-court-in-India)