Consumer Protection

Module-3: Grievance Redressal Mechanism under the Consumer Protection Act,1986- Filing of
complaint and handling of case:who can file a complaint?Grounds of filing a
complaint;limitation peroid;procedure for filing and hearing of complaint;disposal of
cases,relief/remedy to be provided;temporary injuction,enforcement of order,appeal,frivolous
and vexatious complaints;offences and penalties.Leading cases decided under consumer
protection act:Medical negligence;banking insurance;Housing&real estate;electricity,water and
telecom services;education;defective product;unfair trade practice.

What is Complaint?

Under clause (c) of sec 2(1) of the act,complaint means any allegation in writing made by a
complainant in regard to one or more

FILING OF COMPLAINTS

For redressal of consumer grievances a complaint must be filed with the appropriate forum. In
this section let us know, who can file a complaint, what complaints can be filed, where to file the
complaint, how to file the complaints etc.

Who can file a complaint?

The following persons can file a complaint under Consumer Protection Act 1986:

(a) a consumer;

(b) any recognised voluntary consumer association whether the consumer is a member of that
association or not;

(c) the Central or any State Government; and

(d) one or more consumers where these are numerous consumers having same interest.

(e) Legal heir or representative in case of death of a consumer.

What complaints can be filed?

A consumer can file a complaint relating to any one or more of the following:

(a) an unfair trade practice or a restrictive trade practice adopted by any trader or service
provider;

(b) goods bought by him or agreed to be bought by him suffer from one or more defect;

(c) services hired or availed of, or agreed to be hired or availed of, suffer from deficiency in any
respect;

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(d) price charged in excess of the price (i) fixed by or under the law for the time being in force,
(ii) displayed on the goods or the package, (iii) displayed in the price list, or (iv) agreed between
the parties; and

(e) goods or services which are hazardous or likely y to be hazardous to life and safety when
used.

Where to file a complaint?

If the value of goods and services and the compensation claimed does not exceed Rs. 20 lakh, the
complaint can be filed in the District Forum; if it exceeds Rs. 20 lakh but does not exceed Rs.
One crore, the complaint can be filed before the State Commission; and if it exceeds Rs. One
crore, the complaint can be filed before the National Commission.

How to file a complaint?

A complaint can be made in person or by any authorised agent or by post. The complaint can be
written on a plain paper duly supported by documentary evidence in support of the allegation
contained in the complaint. The complaint should clearly specify the relief sought. It should also
contain the nature, description and address of the complainant as well as the opposite party, and
so also the facts relating to the complaint and when and where it arose.

Reasons to file a complaint under cpa

1. When a company cheats a consumer after purchasing cheating by giving false promises
2. Not delivering the goods and services for which payment
3. Consumer has suffered loss or damage as a result of any unfair trade pratice
4. Mislaeding information
5. Not keeping promises
6. Any utp as defined in the act or RTP like tie-up sales adopted by any trader
7. The goods purchased suffer from one or more defects
8. The trader charging excess pof amount of the price displayed on goods or on any packet
containing such good or fixed by any law for the time being in force
9. The good hazardous to life and safety when used are being offered for sale to public in
contravention,of provision of any law for the time being in force
10. Deficiencies in services
11. Misleading advertisement and false representation
12. Any other factors that affected the consumer

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There are some procedures to follow before filing a complaint:

1.send notice in writing to the company asking to rectify the fault,defects,etc....or to replace
the goods within 1month

2. if there is no respond from the company within the notice period,the consumer can file the
complaint.

3. a complaint can be filed on a plain paper.in addition to the complaint 3-5 copies of the
complaint to be submit(as there are many respondent)

4.the complaint affidavit should be attested by a notary

5.the court will send a notice with the complaint copy to the opposite party seeking reply
within 30days and asking it to attend the hearing

the complaint is to be filed within two years from the date of which cause of action has
arisen. If there are reasonable causes for delay in filing the complaint.,

complaint can always reuest the consumer forum to condone the delay

Steps/procedures to file a complaint:

1. Drafting the complaint petition-in a precise manner,a compalint need tio be a drafted with
the facts and proff such as any bills,recepits,documets.
2. Three copies need to be served to all parties involved
3. After the drafting,the complainant has to choose the court depending on the value of the
consideration
To ensure the rightful and speedy resolution of all the consumer complain the cpa 1986
has a three-tier redressal system on which it operates.
Each of these forum has to provide the resolution within 30days failing to which the
consumer can escalate the complaint to the next commission.
4. After choosing the court,the statutory fees are to be deposited while filing the complaint
5. If one is not satisified with the verdict of these forum,they have an option to apply for a
revision to the honorable supreme court of india.

Document required to complaint:

 Relevant documents of the product purchased

 Details of payment made by complainant[cheque no/ cash etc]
 Details of the bill/invoice as evidence of purchase[bill no/date,item and amount]
 Details of the price of goods and services
 Copy of advertisement and catalogue that promised the concerned goods and services
 Other documents such as agreement copies,bounced cheques,opposite parties letters

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 Copy of letters sent to the opposite party request for rectification of fault and
settlement of the grievances
The complaint can be filed with in 2yrs of buying and using the services.
Payment of fee.

Sl.no Total value of goods or services and the Amount of fee

compensation claimed payable

1 District forum Nil

 Upto one lakh rupees-for complainant

who are under the below poverty line
holding antyodays anna yojana cards.
 Up to one lakh rupees-for complainants Rs.100
other than antyodaya anna yojana card
holders
 Above one lakh and upto to five lakh Rs.200
rupees
 Above five lakh and upto twenty lakh Rs.400
rupees
Rs.500
 Above ten lakh and upto twenty lakh
rupees

2 State commission

 Above twenty lakh and upto fifty lakh Rs.2000

rupees
 Above fifty lakh and upto one crore Rs.4000
rupees

3 National commission

 Above one crore rupees Rs.5000

Appeal : any person aggrieved by an order made by the state commission in execrise of its
powers confered sub clause-(i) of clause(a)of sub-section(1) of section 17 may prefer an appeal
against such order to the national commission within a period of thirty days from the date of the
order .

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Or any person aggrieved by an order made by the district forum may prefer an appeal against
such order to the state commission within the period of 30days from date of the order.

Procedure to appeal

The government has not prescribed any statutory form in which an appeal must be filed under
the Consumer Protection Act, (CPA) 1986. However, it is necessary to keep the following points
in mind while drafting an appeal. Other relevant information such as the full name and complete
address of the appellant and the respondent should be included.

1) An appeal can be preferred against the order of the district forum to the state commission;
from the state commission to the national commission and from the national commission to the
Supreme Court. The CPA mentions that the appeals should be filed within 30 days of the date
of the order. In my view, the correct interpretation of this is within 30 days of the communication
of the order because several days may pass between the passing of the order and its actual
receipt. For every order to be effective, it has to be communicated. The date on which the order
of the district forum/state commission/national commission has been communicated should be
noted by the person who receives it.

2) An appeal may be entertained after the expiry of the period of 30 days if the appellant shows
that there was sufficient cause for the delay in the filing of the appeal. In such cases, an
application for the condonation of delay must be made along with the appeal and supported by
an affidavit setting out reasons for the delay and accompanied by necessary evidence.

3) The appellant must enclose the original copy of the order against which an appeal is made
along with the main set of the appeal. In the additional sets to be presented, photocopy of the
order duly certified by the appellant should be attached along with the additional copies of the
appeal. The petition of appeal should also be accompanied by such other documents that an
appellant would require supporting his grounds of objection mentioned in the appeal.

4) While filling an appeal, a memorandum of grounds has to be set out. The appeal petition
should be presented in a paper-book form typed on one side of the paper with double spacing.
The grounds of appeal should be set forth concisely under distinct heads, which should be
numbered consecutively. Give an index of the documents attached to the petition on the first
page and page numbers mentioned on all papers filed.

5) The appeal can be sent in English, Hindi or in the regional language of the State. However, if
the appeal is made to the national commission or to the Supreme Court, then it is better to make
it in English. In addition, if the address of the opposite party falls in another state or Union
territory, then it is better to make the appeal in English.

6) The appeal should be signed by the appellant. In case somebody else has been authorized
to appeal on the behalf of the appellant, then he must enclose the authority of the appeal. The
person having an authority may sign it and indicate the reasons why the applicant himself is not
able to sign the appeal. For example, when the appellant is out of India.

7) Send four sets of the appeal petition and the accompanying papers when making an appeal
to the state commission; six sets of the appeal papers including the additional documents when

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appealing to the national commission and seven sets of the appeal papers along with the
documents if the appeal is to be filed in the Supreme Court. The number of copies should be
increased correspondingly in case there is more than one opposite party.

8) Is there any stipulated period within which an appeal should be decided under the CPA? The
CPA does not stipulate a time limit for the disposal of an appeal by a consumer forum. However,
the rules framed under the CPA mention the time within which an appeal should be decided.
Rules framed by different state governments lay down different time limits it is generally 90 days
from the date of the first hearing

Finality of orders.-Every order of a District Forum, the State Commission or the National
Commission shall, if no appeal has been preferred against such order under the provisions of
this Act, be final.

Limitation period.-{l) The District Forum, the State Commission or the National Commission
shall not admit a complaint unless it is filed within two years from the date on which the cause of
action has arisen.

(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after
the period specified in sub-section (1), if the complainant satisfies the District Forum, the State
Commission or the National Commission, as the case may be, that he had sufficient cause for
not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the National Commission, the
State Commission or the District Forum, as the case may be, records its reasons for condoning
such delay.

.. Enforcement of orders by the Forum, the State Commission or the National Commission.-
(1) Where an interim order made under this Act is not complied with, the District Forum or the
State Commission or the National Commission, as the case may be, may order the property of
the person, not complying with such order to be attached.

(2) No attachment made under sub-section (1) shall remain in force for more than three months
at the end of which, if the non-compliance continues, the property attached may be sold and out
of the proceeds thereof, the District Forum or the State Commission or the National Commission
may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to
the party entitled thereto.

(3) Where any amount is due from any person under an order made by a District Forum, State
Commission or the National Commission, as the case may be, the person entitled to the amount
may make an application to the Distt. Forum, the State Commission or the National
Commission, as the case may be, and such District Forum or the State Commission and the
National Commission may issue a certificate for the said amount to the Collector of the district
(by whatever name called) and the Collector shall proceed to recover the amount in the same
manner as arrears of land revenue.)

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Frivolous and vexatious:

Frivolous" and "vexatious" generally mean different things, however both are typically grouped
together as they relate to the same basic concept of a complaint or claim not being brought in
good faith:

 A frivolous claim or complaint is one that has no serious purpose or value. Often a "frivolous"
claim is one about a matter so trivial or one so meritless on its face that investigation would be
disproportionate in terms of time and cost. The implication is that the claim has not been brought
in good faith because it is obvious that it has no reasonable prospect of success and/or it is not a
reasonable thing to spend time complaining about.

 A vexatious claim or complaint is one (or a series of many) that is specifically being pursued to
simply harass, annoy or cause financial cost to their recipient.

Frivolous litigation: In law, frivolous litigation is the practice of starting or carrying on

lawsuits that, due to their lack of legal merit, have little if any chance of being won. The term
does not include cases that may be lost due to other matters not related to legal merit. While
colloquially, a person may term a lawsuit to be frivolous if he or she personally finds a claim to
be absurd, in legal usage "frivolous litigation" consists of a claim or defense that is presented
where the party (or the party's legal counsel) had reason to know that the claim or defense was
manifestly insufficient or futile.[citation needed] The fact that a claim is lost does not imply that it was
frivolous.

Frivolous litigation may be based on absurd legal theories, may involve a superabundance or
repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim
extreme remedies. A claim or defense may be frivolous because it had no underlying justification
in fact, or because it was not presented with an argument for a reasonable extension or
reinterpretation of the law. A claim may be deemed frivolous because existing laws
unequivocally prohibit
Dismissal of frivolous or vexatious complaints.-Where a complaint instituted before the
District Forum, the State Commission or, as the case may be, the National Commission is found
to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint
and make an order that the complainant shall pay to the opposite party such cost, not exceeding
ten thousand rupees, as may be specified in the order
What are the reliefs available to consumers?

Depending on the nature of complaint the and relief sought by the consumer, and the facts of the
case, the Redressal Forum/Commission may order one or more of the following reliefs:

(a) Removal of defects from the goods or deficiencies in services in question.

(b) Replacement of the defective goods.

(c) Refund of the price paid.

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(d) Award of compensation for loss or injury suffered.

(e) Discontinuance of unfair trade practices or restrictive trade practice or not to repeat them.

(f) Withdrawal of hazardous or dangerous goods from being offered for sale.

(g) Provision of adequate costs to aggrieved parties.

Time limit for filing the case:The consumer can file the complaint within two years from the
date on which the cause of action had arisen. However, it may be admitted even after the lapse of
two years if sufficient cause is shown for the delay.

Time limit for deciding the case: Every complaint must be disposed off as speedily as possible
within a period of three months from the date of notice received by the opposite party. Where the
complaint requires laboratory testing of goods this period is extended to five months

A consumer should keep in mind the following responsibilities while purchasing, using and
consuming goods and services.

(i) Be aware about various goods and services available in the market so that an
intelligent and wise choice can be made.

(ii) Buy only standardised goods as they provide quality assurance. Thus, look for ISI mark
on electrical goods, FPO mark on food products, Hallmark on jewelry etc.

(iii) Learn about the risks associated with products and services, follow manufacturer’s
instructions and use the products safely.

(iv) Read labels carefully so as to have information about prices, net weight, manufacturing and
expiry dates, etc.

(v) Assert yourself to ensure that you get a fair deal. (vi) Be honest in your dealings. Choose
only from legal goods and services and discourage unscrupulous practices like black-marketing,
hoarding etc.

(vii) Ask for a cash memo on purchase of goods or services. This would serve as a proof of the
purchase made.

(viii)File a complaint in an appropriate consumer forum in case of a shortcoming in the quality

of goods purchased or services availed. Do not fail to take an action even when the amount
involved is small.

(ix) Form consumer societies which would play an active part in educating consumers and
safeguarding their interests.

(x) Respect the environment. Avoid waste, littering and contributing to pollution.

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Penalties.- Where a trader or a person against whom a complaint is made l[ or the complainant]
fails or omits to comply with any order made by the District Forum, the State Commission or the
National Commission, as the case may be, such trader or person ([or complainant] shall be
punishable with imprisonment for a term which shall not be less than one month but which may
extend to three years, or with fine which shall not be less than two thousands rupees but which
may extend to ten thousand rupees, or with both:

(2) Not with standing anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
the District Forum or the State Commission or the National Commission, as the case may be,
shall have the power of a Judicial Magistrate of the first class for the trial of offences under this
Act, and on such conferment of powers, the District Forum or the State Commission or the
National Commission, as the case may be, on whom the powers are so conferred, shall be
deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal
Prodedure, 1973 (2 of 1974).

(3) All offences under this Act may be tried summarily by the District Forum or the State
Commission or the National Commission, as the case may be.)

Temporary injection: A temporary injunction is a court order prohibiting an action by a party to

a lawsuit until there has been a trial or other court action. The purpose of a temporary injunction
is to maintain the status quo and prevent irreparable damage or preserve the subject matter of the
litigation until the trial is over. After the trial the court may issue a permanent injunction or
dissolve the temporary injunction.

Leading cases decided under consumer protection act:

Medical negligence: Medical Negligence means the failure to exercise reasonable skill as per
the general standards and prevalent situations is called as medical negligence

Deficiency in medical service: Deficiency means any fault, imperfection, and shortcoming or
inadequate in the quality, nature and manner of performance which is required to be maintained
by or under any law for the time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service . Every doctor
irrespective of the place of his service has a professional obligation to extend his service for
protecting life. Deficiency may be result of inability and lack of competency whereas negligence
would be caused by carelessness. In all cases of negligence, there will be deficiency but in all
cases of deficiency, negligence will not be present. In landmark case in England Bolam v. Frien
Hospital Management Committee the court held that, a doctor is not guilty of negligence if he
acted in accordance with a practice accepted as proper by a responsible body of medical men
skilled in that particular act. A doctor is not liable for taking one choice out of two for favoring
one line of treatment rather that another.

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in current forensic speech,negligence has three meaning: they are- a state of mind in which,it is
opposed to intention;careless conduct;and the breach of duty to take care that is imposed by
either common or statue law.

All the three meaning are applicable in different circumstances but any one of them doesnot
necessarily exculde the other meanings:

The essential components of negligence as recognised are three- ‘duty’ ,’breach’,and ‘resulting
damage’ that is to say-

 The existence of a duty to take care, which is owed by the defedant to the complainant
 The failure to attain that standard of care,prescribed by the law,there by committing a
breach of such duty;
 Damage,which is both casually connected with such breach and recognised by the
law,has been suffered by the complainant.

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