LegalCrystal – Blog

BUYERS BEWARE! KNOW MORE ABOUT CONSUMER PROTECTION ACT- ESTABLISHMENT OF CONSUMER REDRESSEL FORUM WHO IS A CONSUMER? – FILING COMPLAINTS PAYMENT OF COURT FEE ETC. AND PROVING DEFICIENCY IN SERVICE UNFAIR TRADE PRACTICES ETC.

Consumer Protection Act 1986 is An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.

Few real life situations wherein the court has held that there is real defect/deficiency in service and awarded  compensation/replacement/allotment etc€¦€¦..

DEFICIENCY IN SERVICE BY: DEVELOPMENT AUTHORITY

This is a case wherein there was a delay in allotment of plot Authority thereby directed to allot alternative plot in lieu thereof in any other sector The Court held, the price of alternate plot to be charged from allottee should be at original rate which was prevailing at the time of original allotment. [for more details kindly refer 2008(4) ALJ 380]

DEFICIENCY IN SERVICE IS MANUFACTURING DEFECT:

The Vehicle in question started giving trouble within one month of its purchase.  Necessary parts were required to be replaced.  Consumer€™s request to replace vehicle with new one was not acceded to hence he left vehicle at workshop.  In such case the court held that the principle of €˜res ipsa loquitor€™ would be applicable and €˜facts would speak themselves€™ and there would be no need to refer the vehicle to third party for opinion.  As the multinational company has stopped manufacturing that model of vehicle, no directions for replacement of vehicle could be given.  The Dealer and the manufacturer were directed to refund the cost of the vehicle together with interest. [2008(4)ALJ 108]

DEFICIENTY IN SERVICE -  MEDICAL NEGLIGENCE:

Patient suffering from diarrhea admitted to hospital.  Doctor administered Isolyte P-01 along with saline water without testing whether medicine may cause reaction.  There was blackening of hand resulting in restrictive movement of arm and fingers and which subsequently had to be amputated as it was affected by gangrene.  Patient became handicapped for life.  Doctor held guilty of medical negligence.   [2008(4) ALJ  327]

To protect the interest of the Consumers and redress their grievances following redressal agencies are established:

(a) A Consumer Disputes Redressal Forum to be known as the “District Forum” establishment by the State Government in each district of the State.

(b) A Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government in the State
(c) A National Consumer Disputes redressal Commission €˜National Commission€™ established by the Central Government.

Courts in which the Complaints can be filed :

If the cost of goods or service and compensation asked for is up to Rs. 20.00 lakhs then District Forum

More than Rs. 20.00 lakhs and up to Rs. 1 crore then State Commission

More than Rs. 1 crore then National Commission

Court Fees prescribed to file a complaint:

Compensation demanded Court Fee

Postal Order or Demand Draft

Upto Rs.1,00,000/-                          Rs.100/-

Above Rs.1,00,000/- to Rs.5,00,000/-                        Rs. 200/-

Above Rs.5,00,000/- to Rs.10,00,000/-                      Rs. 400/-

Above Rs.10,00,000/- to Rs.20,00,000/-                    Rs. 500/-

Above Rs.20,00,000/- to Rs.50,00,000/-                  Rs. 2000/-

Above Rs.50,00,000/- to Rs. 1 crore                       Rs. 4000/-

FAQS :

WHAT IS A €˜COMPLAINT€™?

“Complaint” means any allegation in writing made by a complainant.

What is unfair trade practice?

In the below mentioned situation the trader/service provider is said to have engaged or presumed to have engaged in €˜unfair trade practice€™:

(i) An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider if:

(ii) The goods bought by the consumer or agreed to be bought by him suffer from one or more defects;

(iii)Service hired or availed of or agreed to be hired or availed of by the consumer suffer from deficiency in any respect;

(iv) a trader or the service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint, a price in excess of the price:

(a) fixed by or under any law for the time being in force

(b) displayed on the goods or any package containing such goods

(c) displayed on the price list exhibited by him by or under any law for the time being in force

(d) agreed between the parties

(v) goods, hazardous to life and safety when used are being offered for sale to the public

(A) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force

(B) if the trader could have known with due diligence that the goods so offered are unsafe to the public

(vi) service which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

WHO IS A €˜CONSUMER€™?

Sec.2(d) Consumer Protection Act 1986€ “Consumer” means any person who : -

(i) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose

Explanation. For the purposes of this sub-clause “commercial purpose” does not include use by a consumer of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood, by means of self-employment;

WHAT IS CONSUMER DISPUTE?

“Consumer dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the

Complaint;

WHO IS A €˜COMPLAINANT€™?

Sec.2(b) of Consumer Protection Act 1986: “Complainant” means -

(i) A consumer; or

(ii) 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

(iii) The Central Government or any State Government, who or which makes a complaint;

[(iv) One or more consumers where there are numerous consumers having the same interest;

(v) in case of death of a consumer, his legal heir or representative.

who or which makes a complaint;

WHAT IS A €˜DEFECT€™?
"Defect" means any fault, imperfection or short coming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods

WHAT IS DEFICIENCY?

"Deficiency" means any fault, imperfection, shortcoming or inadequacy 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

JURISDICTION [EXTENT OF EXERCISING POWER] OF THE DISTRICT FORUM.

(1) Subject to other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the Compensation if any, claimed does not exceed rupees twenty lakhs

(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, -

(a) The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office, or personally works for gain; or

(b) Any of the opposite parties where there are more then one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally works for gain, as the case may be, acquiesce in such institution; or

(c) The cause of action, wholly or in part arises.

JURISDICTION OF THE STATE COMMISSION.

Subject to the other provisions of this Act, the State Commission shall have jurisdiction -

(a) to entertain -

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and

(ii) appeals against the orders of any District Forum within the State; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

JURISDICTION OF THE NATIONAL COMMISSION.

Subject to the other provisions of this Act, the National Commission shall have jurisdiction -

(a) to entertain -

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore and

(ii) appeals against the orders of any State Commission; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has  failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

Now, rape games invading market! “ Themes include Bondage, Torture!

What about our culture “ tradition “ Values – Morals – ethics ?

[ News you can use]

Chennai: If you are worried about the effect of violent computer games on your child, here™s a shocker: sex games with graphic visuals, including those which test the player™s ˜raping skills™, are making their way here, mostly from Japan.

Rapelay, a 3D game created by a Japanese firm, Illusion, with a ˜storyline™ prodding the player to rape a woman and her two teen aged daughters in a moving train, a park and a restroom, is among the hot picks™ in the grey market.

A source involved in direct marketing of foreign goods with suppliers in Chennai™s Parrys and Burma Bazaar markets told TOI that he sold 20 copies of Replay last week to customers who had placed orders in advance and that 50 more copies are expected in a fortnight. The game is available in grey markets in other metros too including Palika Bazaar in Delhi, he added.

Legal issue : The authorities appear to be either oblivious to the danger or just helpless. The central crime branch police said it has not come across such games during its raids. The Computer Emergency Reaction Team (Cert-In) of the IT ministry, which has the mandate to ensure cyber safety, says its focus is elsewhere. our primary job is to prevent cyber crimes that threaten the national security. When such offensive websites are hosted in other countries, there is little we can do, says CERT-In senior director B J Srinath.

This puts the onus on families to install parental control software to block access to such sites from computers and playstations, say counselors.

We have not come across any such game CDs during our raids, says C Sridhar, superintendent of police, central crime branch. What he does not say is that the police, while seizing CDs of rated movies and porn films, seldom look for game CDs.

Cyber Society of India, which works in the area of internet security is also yet to study the matter in detail. We are an NGO with no criminal jurisdiction. We mostly deal with online credit card frauds and cyber crime, but now we think we need to look at online safety from the angle of such offensive games too, In fact this was in the agenda of a meeting of the society on October 23, says society secretary V Rajendran, who adds that the new IT Act which came into effect on October 27 has empowered the Computer Emergency Reaction Team, India(Cert-In) under the IT ministry to monitor and block offensive content.

However, Cert-In says it does not have the resources to monitor and block the scores of websites that offer rape and other violent games, only if there is a specific complaint about, say child pornography, can we step in. We are aware of websites with violent sex as content accessible from India, but it is technically unfeasible to block all these sites.”
When the servers of these websites are situated outside the country, we cannot do much. Pursuing cases against offenders is also a long-winding process.

Social issue: That puts the onus on parents, says Bhavani K Raman, founder of Chennaimoms.com an online community of mothers that discusses internet safety. Parents must be aware that many phones and gaming consoles like PSP and play stations have built-in wireless access. So it is wise to install parental control software to restrict access. The control software allows you to block certain sites or make only some sites accessible for children and tells you the sites visited and the duration.

Another concern is about browsing centers making all kinds of websites accessible to children. Despite guidelines issued by the police, net cafe’s do not run an age check on visitors nor do they have fire walls. The most important thing, Raman says is to create awareness in the child. Talk to your child about the danger and downside of using these games and sites. An informed child is a safe Child.

My take on the subject :

In an era of advanced gadgets! Enormous social networking! through TV Channels/Internet/Newspapers/mobiles etc. etc. etc. It is a pity that our legal system is hopelessly lagging behind to tackle the severe problems with dire consequences faced by the Society. Immediate action on the part of the legislature and judiciary is expected! Everybody knows this but Belling the Cat Immediately is the need of the hour! My suggestion isto try any offence the entire procedure of trial may be cut short in a proper way. [ Immediate Amendment of C.P.C. & Cr.P.C. as regards - service of summons/notices and proof of evidence etc. ] We are still following old stonage procedures for trial even when the proof and proper evidence are available immediately before our eyes!

My friends, kindly do post your suggestions/comments. I plan to post the same for the concerned persons to take immediate and proper action. Hope our concern may work fast!

[News you can use]

Eve Ensler, Playwright.

I have visited 60 countries in the past 12 years. The situation is pretty much the same everywhere. Its the same story everywhere I go. India, in that sense, is like any other country. If its rape and bride-burning in India, Its acid attack and honour killing in Pakistan. I think the only nation recording very low rate of violence against women is Iceland ¦¦¦¦ Eve Ensler,Playwright.

Bangalore:American playwright-activist Eve Ensier, best known for the The Vagina Monologues, is in town for the world premiere of her next play I am an emotional creature: The secret life of girls. Excerpts from an interview:

Why did you choose Bangalore for the world premiere of your new play?

Because I love India! Its a great place to start. The cast(mostly TV actors from Mumbai) has done a fabulous job. Actors here did a brilliant job with the Vagina Monologues too. This is just the beginning. I will see how it goes. The plays about how girls are always trying to please everyone, be it their parents or boyfriends. The book is releasing on V-day next year.

You just returned from the Ted Conference in Mysore. What did you speak about there?

I spoke about the girlchild and how we should protect her..

Are you aware of the fact that ˜Vagina Monologues has been performed in Hindi in Mumbai?

Yes. I believe it has been performed in Gujarati as well. Its fantastic. I am moved that it has been performed in regional languages as that always has a bigger impact.

Bernard Goldberg listed you at No.96 in his book 100 people who are Screwing Up America- Comment.

(Laughs).The book was by a crook, a crazy guy. It listed feminists, anti-racists, liberals and so on. He is one of those who dont want women to move forward. If my work supporting women is ruining America, then let it be.

What according to you is the most heinous crime against women?

Violence against them. Im working with many groups across the world. Killing women, sex trafficking, rape One out of three women in the US is either beaten up or raped.

You have travelled the world. Where do you think women feel the safest? Where would you place India when it comes to security for women?

I have visited 60 countries in the past 12 years. The situation is pretty much the same everywhere. Its the same story everywhere I go. India , in that sense, is like any other country. If its rape and bride-burning in India, Its acid attack and honour killing in Pakistan. I think the only nation recording very low rate of violence against women is Iceland(chuckles)

Which country, according to you, has the most woman-friendly laws?

I dont think theres any. If a rape victim opts for prosecution, shes re-raped in the process.

Do you believe in the adage,Women are womens worst enemies?

No. because I have only seen women supporting and nurturing each other, working like a team. I have seen some incredible women.

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1. Kindly comment on the above article.

2. Kindly express your views about the women her feelings, Status in the society as far as education/ economic independence are concerned.

3. Regarding her Responsibilities as an Individual / daughter/ wife/ mother / mother-in-law / grand mother etc.

4. Regarding her social status as a career women whether she is working under someone/ an independent professional?

5. What are all the challenges faced by women being women?

6. How women are to be treated by the society when it comes to Educating/ making her economically independent/ Marriage commitment / Child bearing/Rearing / keeping up harmony in the family?

image : savagewords.com

An offense of Giving false evidence or fabricating the evidence intentionally by a witness in the Court Proceedings.

The evil of perjury has assumed alarming propositions in cases depending on oral evidence and in order to deal with the menace effectively it is desirable for the Courts to use the provision of S.344 Criminal Procedure Code more effectively and frequently than it is presently done[2008 AIR SCW 4989(A)]

S.344.Cr.P.C.: Summary procedure for trial for giving false evidence.

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offense and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.

(2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the First class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

***********

[News you can use]

The Supreme Court has held:

Muslim women entitled to maintenance after ‘IDDAT’

In a significant ruling, the Supreme Court has held that a divorced Muslim woman who has not remarried is entitled to maintenance from her ex-husband even after the “iddat” (three months period after divorce).

A Bench of justices B.Sudershan Reddy and Deepak Verma rejected husband Imran Khan’s contention which cited the Muslim Women Protection of Rights on Divorce Act, 1986 and claimed that his divorced wife Shabana Bano was not entitled to any maintenance allowance after the ‘iddat’period as held in the sensational Shah Bano case.

The apex court held that under Section 125 Cr.P.C. and sec.7 of Family Courts Act, 1984 even a Muslim woman can claim maintenance from her husband as long as she is not remarried. The Bench quashed the ruling of a trial court and the Madhya Pradesh High Court which had taken the view that a Muslim woman is not entitled to maintenance after the ‘iddat’ period.

It is crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim Women, the apex court said citing the judgements in the Danial Latifia and Iqbal Bano cases.

image : themuslimwomen.org