Filing a consumer complaint identifying the eligibility for yourself

Overview: consumer awareness is the flavour of the season. The more a consumer is aware, the more he is conscious of his rights and less is the chance for him to not be taken for a ride by unscrupulous companies/ sellers 

Purpose: protection of rights of the consumer 

Areas of Application of Law: Consumer protection act 1986 

Process:

STEP 1: Identifying if you are a consumer. 

The law is very clear on who can be a consumer. The word consumer is well defined in the consumer protection act 1986. Consumer means any person who:

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; 

Step 2: Once you satisfy the above criteria, you should additionally check f you can be a complaint by satisfying the below requirements. Any person from the below list can file a consumer complaint. A complainant for the purposes of this act means—

  1. a consumer; or
  2. any voluntary consumer association registered under the Companies Act, or under any other law for the time being in force; or
  3. the Central Government or any State Government; or
  4. one or more consumers, where there are numerous consumers having the same interest;
  5. in case of death of a consumer, his legal heir or representative; who or which makes a complaint; 

It should be noted that a power of attorney holder can also file the complaint.

The consumer protection Act provides that consumer can plead his own case which means that services of an advocate are not necessarily required. 

Step 3: now, the following aspects will have to be considered: 

(i) The territorial jurisdiction: you will have to see where to file the case by seeing the requirements in the act.

(ii) Pecuniary jurisdiction: depending upon the value of the claim, you will have to see if you have to approach the district forum, state commission or the national consumer dispute redressal commission. 

Documents required to be submitted in the court if any: supporting documents to your case 

Punishment/Expected Relief: depending upon the prayer sought, relief is granted. This can be in the form of compensation amongst others

Legal Process Outsourcing This Document

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