Are you exploited ? – Consumer Protection

I would like to make you Aware of Consumer Dispute Readdress Forum & Commission under Consumer Protection Act.

GROUNDS FOR COMPLAINT:

(‘Complaint’ here means any allegation in writing made by a Consumer)

1. The Goods bought by a “Consumer” or agreed to be bought by him/her suffers from one or more defects.

2. The services hired or availed of or agreed to be hired or availed of by the “Consumer” suffer from deficiency in any respect.

3. A Trader or the Service Provider, as the case may be, has charged for the goods or for the services 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 the Trader,

d) Agreed between the Parties.

4. The Goods which will be 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.

5. Services 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.

6.An unfair Trade Practice or a restrictive Trade Practice has been adopted by any Trader or Service Provider.

ARE YOU A CONSUMER – JUST CHECK!
Under the Act 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 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 under any system of deferred payments, 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.

Some more Tips:
1. For the purposes of the clause under the Act “Commercial Purpose” does not include use by a person of goods bought and used by him/her and Services Availed by him/her exclusively for the purposes of earning his/her livelihood, by means of Self-Employment.

2. Meaning of a Service has variety of meaning. How it should be understood and what it means depends on the context in which it has been used in an enactment. The expanded meaning include Banking, Financing,Medical Negligence etc. for example:
International withholding of delivery of Car for two months after receipt of full payment to take advantage of impending price hike! Held this amounts to deficiency in Service.

This Act is enacted keeping in view the long felt necessity of protecting common man from long drawn disputes in various Courts. Under this Act Trial will be Summary Trial for speedy disposal. Three Agencies are formed under the Act : A District Forum at each district level-State Commission- in each State, and National Commission – in the Center which will also have Circuit Bench in the States for the Convenience of the Consumer.

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.

If after the proceeding conducted if the Forum is satisfied that the Goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the Complaint about the Services are proved, it shall issue an order to the opposite party directing to do the following (according to the Case on hand):
To remove the defect pointed out by the appropriate laboratory from the goods in question,
To replace the goods with new goods of similar description which shall be free from any defect,
To return to the Complainant the Price or as the case may be the charges paid by the Complainant.
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.

Shall also grant punitive damages :
e) To remove the defects in Goods or deficiencies in the Services in question,

f) To discontinue the unfair Trade practice or the restrictive trade practice or not to repeat them.

g) Not to offer the hazardous goods for sale.

h) To withdraw the hazardous Goods from being offered for sale,

i) To cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature.

j) To pay such sum as may be determined by it if it is of the opinion that loss or injury has been identifiable conveniently. – that minimum amount of sum so payable shall not be less than five per cent of the value of such defective goods sold or services provided as the case may be to such consumers.

Where a Trader or a person against whom a complaint is made 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 thousand rupees but which may extend to Ten thousand rupees or with both.

HENCEFORTH WHEN YOU ARE EXPLOITED! GENUINELY APPROACH THE FORUM FOR REDRESSAL.

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