Complaint
In Section 2 (1) (c) "complaint"
means any allegation in writing made by a complainant that:
a)
an
unfair trade practice or a restrictive trade practice has been adopted by any
trader;
b)
the
goods bought by him or agreed to be bought by him suffer from one or more
defect;
c)
the
services hired or availed of or agreed to be hired or availed of by him suffer
from deficiency in any respect;
d)
a
trader has charged for the goods mentioned in the complaint a price in excess
of the price fixed by or under any law for the time being in force or displayed
on the goods or any package containing such goods;
e)
goods
which will be hazardous to life and safety when used are being offered for sale
to the public in contravention of the provisions of any law for the time being
in force requiring traders to display information in regard to the contents,
manner and effect of use of such goods.
With a view to obtaining any
relief provided by or under this Act; the essential features of a “Complaint”
are -
a)
The
complaint must be in writing;
b)
The
complaint must be made with a view to obtain any relief under the Act;
c)
The
Complaint must make any of the five allegations stated under section 2 (1) (c),
against a trader or manufacturer;
d)
The
complaint must be filed in a manner prescribed under law i.e. under section 12
of the Act.
e)
The
complaint must be filed before appropriate consumer commission having
jurisdiction to entertain complaint. Section 17 & Section 21.
Ordinarily, the complaint must
contain name, description and address of the Complainant and the purpose for
which he bought the goods. It must also contain the name, description and
address of the trader or manufacturer. It must state clearly, the facts of the
case e.g. when the things was purchase? For what purpose? When the things were
consumed or used? Defects in goods or deficiency in the service etc., what
injury suffered etc. These facts must be supported by all relevant and proper
documents. Lastly, the complaint must mention the relief or relief’s asked for
against the trader or manufacturer i.e. the opposite party.
Complainant
Section 2 (1) (b) of the Consumer Protection Act, 1986 defines the term "complainant" as: Complainant means
a) a consumer; or
b) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or under any other law for the time being in force; or
c) the Central Government or any State Government,
d) one or more consumers, where there are numerous consumers having the same interest;
e) who or which makes a complaint;
A person seeking redress before the Consumer Redressal Forum must come within any of the four categories stated above; otherwise he has no locus standi to proceed with his case. The ‘Complainant’ among others means a ‘consumer’ generally. The expression ‘complainant’ as defined in section 2 (1) (b), is comprehensive to enable consumer as well as any voluntary consumer association. This definition is very suitable in a country like India, where majority of the people are illiterate and therefore, power to file a complaint is given to the voluntary consumer associations. The only restriction laid down under the Section in this regard is that, the association must be registered under the Companies Act, 1956 or any other law for the time being in force.
However, a consumer association cannot file a complaint on behalf of unspecified or unidentified number of consumers. In the Case of Upbhokta Sanrakshan Samiti V/s. Winsard foods Ltd., the consumers association found that, the biscuit packets sold by a food company were less in weights. A complainant demanding compensation for the public of the State of Rajasthan was not maintainable.
The act contemplates an identified consumer in order to make the application of its provisions or any consumer association to represent it. An act also contemplates an action in representative capacity, by providing that, when there are numerous consumers having same interest, one or more consumers must file complaint on behalf of others.
Procedure for
Filing Complaint
The
complainant or his authorised agent can present the complaint in person or send
it by post to the appropriate forum or Commission, as the case may be. No fee
is charged for filing a complaint before the District Forum or the State
Commission or the National Commission.
Important Points
a.
Each
of the members and the opposite parties are to be sent a copy of the complaint.
b.
The
complaint himself should possess two or more copies of the complaint.
c.
If
the complainant desires so he can send a copy to an active voluntary consumer
organisation.
d.
A complaint should always be supported and
verified by an affidavit.
The time period within which a
complaint must be filed
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.
However, where the complainant satisfies the District Forum/State Commission,
that he had sufficient cause for not filing the complaint within two years,
such complaint may be entertained by it after recording the reasons for
condoning the delay.
Decision Time
The District Forum, State
Commission and National Commission are required to decide complaints, as far as
possible, within three months from date of notice received by the opposite
parties. For those complaints which require laboratory analysis or testing of
commodities, the period is extended to five months.
REMEDIES UNDER THE ACT
In case it is proved that
there exists a defect in the goods or that the services rendered were deficient
in nature the following remedies against the seller are available to the
Consumer.
a)
To
remove the defect pointed out by the appropriate laboratory from the goods in
question or;
b)
Replace
the goods with new goods of similar description, which shall be free from any defect;
c)
Return
to the complainant the price of the goods or the charges for the services
rendered and / or;
d)
Pay
such amount as compensation for any loss or injury suffered by the Consumer or;
e)
Remove
the deficiency in the service and/ or;
f)
Discontinue
the unfair or restrictive trade practice and not to repeat them and / or;
g)
Not
to offer hazardous goods for sale and / or;
h)
Withdraw
the hazardous goods for sale and / or;
i)
Provide
adequate costs to the parties.
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