"The consumer or the customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption on our work. He is the purpose of it. He is not an outsider on our business. He is part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so."
- MAHATMA GANDHI
Who is a Consumer?
Any individual who purchases products or services for his personal use and not for manufacturing or resale is called a “Consumer”. Consumer refers to any person who purchases some goods for a consideration that has been either paid or promised to pay or partly paid and partly promised, or found under any system of deferred payment and does not include a person who gets such goods for resale or for any business purpose. A person who has not himself purchased the goods but who uses the goods with the approval of the buyer is also a consumer. The moment we take birth on this earth we become consumers and are entitled to seek relief and be duly protected. The growing size and complexity of production and distribution systems, the high level of sophistication in marketing and selling practices and forms of promotion like advertising, etc. have contributed to the increased need for consumer protection. The Consumer Protection Act, 1986 with subsequent amendments is the most important legislation enacted to provide for effective safeguards to consumers against various types of exploitations and unfair dealings. The Consumer Protection Act, 1986, is definitely a blessing for consumers wronged by manufacturers or dealers.
“Consumer is the King”
An average Indian consumer is noted for his patience and tolerance. Perhaps because of these two traditional traits and due to the influence of the Mahabharata, the Ramayana and the Bhagavad Gita, he considers the receipt of defective goods and services as an act of fate or unfavorable planetary position in his horoscope. When a new television or refrigerator purchased by him turns out to be defective from day one, he takes it reticently, blaming it on his fate or as the consequence of the wrongs committed by him in his previous birth. Very often he is exploited, put to avoidable inconveniences and suffers financial loss. However with the emergence of consumer laws and subsequent awareness among the consumers regarding their rights, responsibilities and their powers consumers today are no longer easy preys to the whims and fancy of trader’s manufacturers and service providers and are certainly not at their mercy. In the business world it is often said that ‘Consumer/Customer is the king’. And in a way it is true for the trade. If the product is not sold there is a loss. That is why customer rules the market. Consumers are the most important part of every economy for zero demand would lead the economy to collapse. We buy a variety of goods and services in our day to day life and derive satisfaction from its consumption and use. Thus we all are consumers, and as a consumer, we expect a certain value for money, that is, right quality, right quantity, right prices, information about the product, etc. Nowadays, cheating on consumers has become a common practice followed by greedy manufacturers and sellers by the way of black marketing, overcharging, misleading ads, etc. There are many ways by which consumers are exploited. A few of them are:
A. Selling at higher prices -- The price charged for the product will not be proportionate to the quality;
B. Product risk -- Drugs that are hazardous, banned or beyond expiry date, electrical appliances with inadequate safety precautions, etc;
C. Adulteration -- This is very common in food items and could prove to be highly injurious to one's health;
D. Sub-standard Products -- Items whose quality is far below the required standard;
E. False Claims -- Manufacturers make false representations about their products in the media with a view to mislead the consumers. Claiming that use of a particular oil will cure baldness, using a company's fairness cream for a specific period will make one fair, etc., are all typical examples of exaggerated, misleading advertisements; and
F. Warranty/Annual Maintenance Contract -- In many cases, though the product will have a warranty or will be under annual maintenance contract (AMC), when a problem arises, the consumer is told that certain parts will not be covered and they will have to pay.
These circumstances make it all the more important for the government to make the consumers aware of their rights. Let us know these rights of the consumers:
Right to Safety
Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. To simplify this it can be said that it is the duty of the manufacturers and the distributor not to supply any goods to the consumers which fails to comply with the general safety requirements in all circumstances.
Right to be Informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
Right to Choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price.
Right to be Heard
Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare. Right to be heard is not only the foremost right of consumers it is a principle of natural justice also.
Right to Seek Redressal
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer..
Right to Consumer Education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success. This right is most important right because once the people are rendered conscious of their power, they may perhaps, feel energized to struggle against exploitation by manufacturers and traders. However, consumer’s strongest and the most precious right, which he keeps to the last, is the ‘refusal to buy’ and withdraw the patronage from the seller who always craves for it because, without it, he has none to sell.
Consumer Court/Forum:
With an aim to deal with cases pertaining to consumer grievances and disputes, the consumer courts or consumer forums also known as special purpose courts were established in India. Set up by the government, these courts aim to protect the rights of consumers. Consumers are free to file a case against the seller if they have been exploited or harassed. On having proof of exploitation (bills or supporting documents) the court will give verdict in favor of the consumers. However failure on part of the consumer to produce proper documents will make it difficult for him to file or win the case.
Who can file a consumer complaint?
The Consumer Protection Act itself provides a list of persons who can file a complaint under the Act which is described hereunder-
Firstly a Consumer
Secondly, Any voluntary Association Registered under the Companies Act, 1956, or under any other law for the time being in force
Thirdly the Central government or the State Government
Fourthly one or more consumers, where there are numerous Consumers having the same interest.
Besides the above the following can also file a Consumer Complaint:
Any person who is a beneficiary of the goods/services
Legal representatives of deceased consumers
Legal heirs of the deceased consumer
Husband/Wife of the consumer
Relative of the consumer
Can a Consumer himself file a Complaint?
YES. He doesn’t need to engage the services of any Advocate and can file complaint of his own. The consumer protection act has provided a very simple procedure to file the complaint that even a layman who is not from the law background, can file the complaint of its own.
HOW TO FILE A CONSUMER COMPLIANT?
Before formally filing a Consumer Complaint, it is desired that the Consumer gives notice to the opposite party of the fact of any deficiency in service or of unfair trade practice etc to see if the trader is willing to make good the loss suffered by either replacing the commodity or returning the value of the purchase. If yes, the issue resolves then and there. But if the trader refuses or neglects here that the consumers needs to approach the Consumer Court.
The Consumer would have to check where the jurisdiction would lie and then ascertain the value of the claim. He will have to file the complaint depending upon the amount of money or compensation he wants from the opposite party for the deficient service he has provided or for the defective product that he has been sold.
STEP 1: At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.
Territorial Jurisdiction of the Consumer Forums:-
A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—
a) The opposite party resides or caries on business or has a branch office or personally works for gain, or
b) If there are more than one opposite party, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,
c) The cause of action arose.
Pecuniary Jurisdictions of Consumer Forum
1) District Forum: Upto 20 Lakhs
2) State Commission: 20 lakh to 1 Crs
3) National Commission: Above 1 Crs
Step 2: He will be required to pay a prescribed fee along with his complaint before the District Forum, State Commission & the National Commission as the case may be.
Step 3: Then he has to draft the complaint stating facts necessary to establish a cause of action.
Step 4: At the end of the complaint he has to put his signatures. In case any other person is authorized to file the complaint then complaint has to be accompanied with authorization letter.
Step 5: Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.
Step 6: Copies of all the documents supporting your allegations. In this consumer can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.
Step 7: The consumer can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. He must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.
Step 8: The consumer is required to explain in his complaint as to how the case falls within the jurisdiction of this forum.
Step 9: Complaint must clearly state as to what relief is sought against the opposite party.
Step 10: The consumer is also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.
Step 11: The complainant can present the complaint in person or by his/her authorized representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this the consumer has to file additional copies for each opposite party.
If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission a consumer can come to the National Commission.
Is There Any Time Limit For Filing A Complaint?
A) Yes, the time limit is within two years from the date on which the cause of action arises. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.
Can This Time Limit Ever Be Extended?
A) Yes, But only under certain Circumstances. If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up. However, the delay for every single day has to be explained.
National Consumer Helpline
NCH is a project of the Union Ministry of Consumer Affairs. The Project recognizes the need of consumers for a Telephone Helpline to deal with multitude of problems arising in their day-to-day dealings with business and service providers. NCH provides a National Toll Free No-1800-11-4000. SMS can also be sent to 918130009809 mentioning the name and city.
National Consumer Helpline Supports Consumer by:
-Guiding consumers in finding solutions to problems related with Products & Services
- Providing information regarding to Companies & Regulatory Authorities.
- Facilitating consumers in filing complaints against defaulting Service Providers
- Empowering consumers to use available Consumer Grievances Redressal Mechanisms, Educating Consumers about their Rights and Responsibilities.
Besides this, there are bodies like Consumer Justice Councils and other consumer NGO’s that too guide the consumers and help them to fight for their cause. Thus, much has been done for the protection of the consumer. Of Course much more needs to be done as it’s like a never ending process and would require continuous monitoring. At the same time it is the duty of the consumer to be conscious of his rights especially when he buys something. However what is most important is that the Consumer’s needs to be an enlightened consumer. An enlightened consumer is an empowered consumer. An aware consumer not only protects himself from exploitation but induces efficiency, transparency and accountability in the entire manufacturing and services sector. This, in turn leads to the overall development and growth of the economy.
(The blog writer is President: Consumer Justice Council, Maharashtra. This Article is published in various newspapers and magzines under the name of the blog writer)
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