May 05,2022. Author: Adv. Ciliya Joji
For the subsistence of our life, it is inevitable for us to be a consumer. Thus, in general those who buy products and avail services for the requirements of their life is a consumer. Whereas the legal definition for the Consumer is given under Section 2(1)(d) of the Consumer Protection Act,1986. Accordingly, a Consumer is a person who buy goods or services for consideration which may be partly or fully paid or partly or fully promised or any other person who may consume goods with the approval of buyer and not for manufacturing or resale purpose or for any commercial purpose.
In order to ensure a competitive and efficient market atmosphere it is much important to enable the consumer to be well aware about the rights, laws, regulations and policies framed to protect them. There arise circumstances when goods and services being purchased, does not mark its essence and quality. Consumer pay for availing goods and services of top quality and efficiency, perhaps if they receive it with defect, inefficiency, low quality, damage, etc they have the right to redressal or compensation.
The Consumer Protection Act, 1986 is enacted to satisfy the needs of the consumers and to ensure the speedy disposal of the consumer disputes. All consumers that comes under the ambit of the definition under Section 2(1)(d) of the Consumer Protection Act,1986 or a voluntary consumer association, Central or State Government, numerous consumers having similar interest in goods or services or the legal heir in case of the death of the consumer can file the consumer complaint before the concerned Consumer Forum having both territorial and pecuniary jurisdictions to decide the matter.
Consumer Dispute Resolution forums which deals exclusively with consumer disputes, grievances and conflicts was established under the provisions of Consumer Protection Act,1986 at District, State and National levels holding discrete pecuniary jurisdictions. The District Consumer Dispute Redressal Forum operates at the District level and deals with those consumer disputes in which the compensation claimed does not exceeds Rupees 50 Lakhs. Next is the State Consumer Dispute Redressal Forum that operates at the State level, which deals with those consumer disputes claiming an amount exceeding Rupees 50 Lakhs but does not exceeds Rupees 2 Crore and it has the authority to decide on the Appeal made from the decision of the District Forum. Further, the National Consumer Dispute Redressal Forum that operates at the National level and is considered as the apex Court, which deals with all Consumer Disputes claiming an amount exceeding Rupees 2 Crore and has the authority to decide on the Appeal made from the decision of the State Forum.
Within 2 years from the date of happening of the cause of action or the defects in the goods, the concern aggrieved person has to file the Consumer Complaint. But if the sufficient reason is raised and is been satisfied by the District Forum, then the Consumer Complaint can be filled even after the statutory period.
Living in this digital world where everything is done faster from within your safe shelters, the consumer disputes are also being reported and revamped through the online website. Thus, as a part of digitalization Government of India has come up with an online website named ‘National Consumer Helpline’ where the consumers can login into it to file the Consumer Complaints from wherever place and at whatever time flexible and reliable by the Consumers. This initiative has made the measures to protect the interests and rights of the consumers stronger and advanced.
We being a citizen of India should be much concerned and aware about the rights that you have as a consumer. And be competent to raise your voice against the unfair trade practices, improper marketing methods, etc, that cause heinous harmful effects to the consumers.
SOURCES:
1.
https://www.legalserviceindia.com/legal/article-354-how-to-file-a-consumer-complaint-in-india.html
2.
https://www.myadvo.in/blog/how-to-file-a-case-in-consumer-court
3.
https://indiankanoon.org/search/?formInput=territorial%20jurisdiction%20of%20consumer%20forum