m INTRODUCTION

m WHAT IS A COMPLAINT?

m WHO CAN FILE A COMPLAINT?

m WHERE TO FILE A COMPLAINT?

m HOW TO FILE A COMPLAINT?

m PROCEDURE ON ADMISSION OF COMPLAINT?

m APPEAL TO DISTRICT FORUM,STATE

COMMISSION,NATIONAL COMMISSION AND SUPREME
COURT.
m To provide simple, speedy and inexpensive
redressal of consumer grievances, the consumer
protection act 1986 provides:

m Three-tier quasi-judicial machinery

- district
- state
- national
Complaint means any allegation in writing made by a
complainant with a view to obtaining any relief under
the act.
m any unfair trade practice or restrictive trade practice
has been adopted by any trader or service provider.
m the goods bought by him or agreed to be bought by
him suffer from defects in any respect;
m the service hired or availed of or agreed to be hired or
availed of by him suffer from deficiency in any respect;
m A trader or the service provider, as the case may be, has
changed fro the goods or for the services mentioned in the
complaint, a price in excess of the price:
-fixed by or under any law fro the time being in force
-displayed on the goods
-displayed on the price list exhibited by him by or under any
law fro the time being in force;
-agreed between the parties.
m Goods which will be hazardous to life and safety when used are
being offered for sale to the public.
m services which will be hazardous to life and safety when used
are being offered by the service provider .
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m The consumer

m Anyrecognized consumers
association

m One or more consumers

m The central or state government

m Class complaints-consumer protection act
permitted representative complaints.

m It is files with a district forum by one or more

consumers, on behalf of, or for the benefit of
numerous consumers having a common interest.

m Thus, the act can be used on behalf of a group of

consumers with a common cause in cases.
m If value of goods or service provider and the
compensation , if any, claimed does not exceeds
rupees 20 la hs the complaint would be filed in the
district forum.

m If the value of goods or services and the

compensation, if any, claimed exceeds rupees 20
la hs but does not exceed rupees one crore the
complaint can be filed before the state commission.
m If the value of goods or services and the
compensation, if any, claimed exceeds one crore
the complaint can be filed before the national
commission.
m The national commission shall also have the
jurisdiction to entertain appeal against the orders
of any state commission.
m There is no fee for filing a complaint.

m The complainant or his agent can present the complaint in

person or can also be sent through post.

m A complaint should have the following information:-

1. name, description and address of the complainant.

2. name, description and address of the opposite party or

parties.
v. the facts related to the complaint and when and where
it arose.

4. documents if any, in support of the allegations

contained in the complaint.

5. the relief which the complaint is see ing.

m It should be signed by the complainant and minimum

four copies should be filed.
m Procedure in respect of goods where the defect
alleged requires no testing or analysis.

m Procedure in respect of goods where the defect

alleged requires testing or analysis.

m If the complaint relates to goods in respect of which

the aforesaid procedure cannot be followed or if the
complaint relates to any service.
V
 
  
m Distinct forum shall have the same power as are vested
in a civil court under the Code of Civil Procedures,1908
while trying to suit in respect of the following matters,
namely :

m The summoning and enforcing the attendance of any

defendant or witness and examining the witness on
oath.

m The discovery and production of any document or other

material object producible as evidence.

m The reception of evidence on affidavits.

m The requisitioning of the concerned analysis or test from the
appropriate or from any other relevant source.

m Issue of any commission ( ie warrant conferring authority ) for

the examination of any witness.

m Any other matter which may be prescribed.

m Every proceeding before the Distinct Forum shall be deemed

to be a Judicial proceeding within the meaning of s.19v and
s.228 of the Indian Penal Code and the Distinct Forum shall
be deemed to be a civil court for the purpose of s.195 and
Chapter XXVI of the Code of Criminal Procedure,197v.
m If the distinct forum is satisfied ( after the proceedings conducted
under s.1v) that the goods complained against suffer from any
defect ,it shall issue an order to the opposite party directing him to
do one or more of the following things:

m To remove the defect pointed out by the appropriate laboratory from

the goods in question.

m To replace the goods with new goods of similar description which

shall be free from defects.

m To return to the complainant the price or as the case may be the

charges paid by the complainant.
m To pay such amount as may be awarded by it as
compensation to the consumer for any loss or injury suffered
by the consumer due to the negligence of the opposite party.

m To remove the defects in goods or deficiencies in the services

in question.

m To discontinue the unfair trade practice or the restricted trade

practice or not to repeat them.

m Not to offer hazardous goods for sale.

m To withdraw the hazardous goods from being offered for sale.

m To provide for adequate costs to the parties.

m The complaint should be decided by the
redressal forum, as far as possible, within a
period of v months from the date of notice
received by the opposite party where complaint
does not require analysis or testing of the
commodities and within 5 months if it requires
analysis or testing of commodities.
m Any person aggrieved by an order made by district forum may
prefer an appeal against such order to the state commission
within a period of v0 days from the date of order.

m No appeal by a person who is required to pay any amount in

terms of an order of the district, shall be entertained by state
commission, unless the appellant has deposited 50 per cent
of the amount or Rs. 25000 whichever is less.

m Constitution of circuit benches (s17B)

 The provisions made under s 12,1v and
14 and the rules that were made
thereunder for the disposal of complaints
by the district forum shall, with
modifications if necessary, will be
applicable to the disposal of disputes by
the state commission
m Any person aggrieved by an order made by state commission
may prefer an appeal against such order to the national
commission within a period of v0 days from the date of order.
[s19]

m No appeal by a person who is required to pay any amount in

terms of an order of the state commission, shall be
entertained by national commission, unless the appellant has
deposited 50 per cent of the amount or Rs. 55000 whichever
is less.

m Section 19A provides that an appeal filed before the state

commission or the national commission shall be heard as
expeditiously as possible and an endeavour shall be made to
finally dispose of the appeal within a period of 90 days from
the date of its admission.
m The provisions of sections 12, 1v,14 and the
rules made thereafter for the disposal of
complaints by the district forum shall be
applicable to the disputes by the national
commission.

m The national commission shall have the power

to review any order made by it, when there is an
error apparent on the fact of the record.
m The supreme court in morgan stanley mutual fund
vs aric Das and Dr arvind gupta vs SEBI and
others held that consumer forums do not have any
power to pass any interim order. It ruled that under
s.14 relief by way of ad-interim stay was not at all
contemplated. Therefore the forums granting any
stay by way of interim order would be acting beyond
their jurisdiction under the act. The amendment act,
2002 however has provided for the issue of interim
order by redressal agencies.
m Any person aggrieved by an order made by the national
commission may prefer an appeal against such order to the
supreme court,within a period of v0 days from the date of
the order.

m Supreme court will entertain an appeal after the expiry of

the time only if it is satisfied that there was a sufficient
cause for the delay.(s2v)

m No appeal by a person who is required to pay any

amount in terms of an order of the national commission,
shall be entertained by supreme court, unless the
person has deposited 50 per cent of the amount or Rs.
55000 whichever is less.
m The complaint has to be admit within 2 years from
the date of the cause of action has arisen.

m The complaint would be entertained after the time

period only if the complainant satisfies that there
had been a sufficient cause for not filing the
complaint within such period.