Consumer Protection

- Frequently Asked Questions Answered

1) Who can file a complaint and What are the issues to consider when filing a complaint? Ans:Any person who can be termed as a consumer under the Act can make a complaint. The following are the persons who can file a complaint under the Act : a) a consumer; or b) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or c) the Central Government or any State Government, d) one or more consumers, where there are numerous consumers having the same interest. 2) What are the Issues to be consider when filing a Consumer complaint? Ans:-- A consumer would have to check where the jurisdiction would lie and then ascertain the value of the claim. The consumer will have to file your complaint depending upon the amount of money or compensation he wants from the opposite party for the deficient service the opposite party has provided to him for the defective product that the consumer has been sold. 3) Where do I file my complaint ? Pecuniary Jurisdiction a) In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State. b) In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states c) In cases where the value of goods and services involved

is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi. Territorial Jurisdiction. The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakhs but below 1 crore then it would be filed in the State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint. (4) What Do I Put In My Complaint ? Is There A Fee For Filing A Complaint ? Is There Any Time Limit For Filing A Complaint Ans:Your complaint has to be clear ,definite and precise. All your facts and documentation must be in order. You will have to include (a) A cause-title. (b) The complaint should, if possible have a heading (c) The name, description and address of the complainant. (your name) (d) The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained. (e) The facts relating to the complaint and when and where it arose. (f) How the opposite parties are liable to be proceeded against and why are they answerable or accountable to this petition. (g) Copies of documents in support of the allegations contained in the petition. Complainants are advised to keep

copies of the complaint / petition and all furnished documents for their records. A list of documents should also be furnished along with the complaint, duly signed by you. (h) You would also need to state how the case falls within the jurisdiction of the tribunal-whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the Forums jurisdiction. (i) You are also entitled to claim the costs of your complaint from the opposite party. Hence include that amount in your complaint. 5) Is There A Fee For Filing A Complaint ?

Ans:-Under the original un-amended Act of 1986, no requirement of payment of Court-fee or any other formal procedure of Court was contemplated. However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint. For example in the District Forum located in Delhi the fee structure is as follows 1. Up to 1 Lakh Rs.100 2. 1 Lakh & above but less that 5 Lakhs Rs.200 3. 5 Lakhs & above but less that 10 Lakhs Rs.400 4. 10 Lakhs & above but less that 20 Lakhs Rs. 500 You will have to pay the specified fee in the form of a crossed demand draft drawn on a nationalized bank or through a crossed Indian Postal Order in Favour of the Registrar of the State Commission & payable where it is situated. The concerned District Forum shall deposit the amount so received. 6) Is There Any Time Limit For Filing A Complaint ? Ans:-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. 7) Can This Time Limit Ever Be Extended ?

Ans:-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 8) In case of delivery of possession of flats/ immoveable property how is time limit applicable or calculated? Ans:in case of matters relating to delivery of possession the cause of action for filing from the date the builder promises the date for delivery of possession till it is handed over. It can be said that in such cases the Apex Court has held that the cause of action is said to of a continuous nature. 9) Can More Than One Consumer File A Single Common Complaint ? Ans:-Yes, consumers having the same problem can join together and file a single complaint. This can be done by enclosing a petition with the complaint for joining together and filing a complaint. This petition should just state that since the facts and circumstances relating to the complaint are the same and also since the same relief is to be claimed for all the petitioners they may be allowed to join together and file a single complaint. 10)Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes? Ans:- No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs. Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act. Consumer forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice. 11) Can I Argue And Present My Complaint In Court Myself? Ans:Yes, You do not have to be a lawyer to argue before consumer courts. However if the matter is a complicated one it is always advisable to engage someone including a lawyer with necessary experience in such matters. By a series of judgments,

the Courts have granted a party to the proceeding before the District Forum/State Commission the right to authorise a person of his choice to represent him and also to examine and crossexamine the witnesses, address the Court and take part in the proceedings as the case may be. 12) I had made a complaint against the Doctor. He is taking plea that Medical services and Doctors do not falls in the preview of Consumer Protection Act. What is the actual legal position? Ans:Through various Judgements of Supreme Court and various Consumer Courts it is now crystal clear that medical services and doctors comes under the preview of Consumer Protection Act. Any one can make complaint against them in Consumer court and if found true relief can be granted in the shape of compensation and cost. 13) I got injured while traveling in the train due to unsafe condition in the railway compartment. Can Consumer courts award me any relief? Ans:- Your case certainly comes under the deficiency of service, it is the duty of railway to maintain safe conditions in their compartment. The services by railway are provided against consideration so you can definitely takes action under Consumer Protection Act for relief. 14) One of my relative died due the negligence of Hospital authorities, if action under Consumer Protection Act is possible against Doctor attending him and Hospital authorities? Ans:- For taking action against Doctors and Hospital authorities, it is must that death should be because of their negligence. They had acted contrary to the normal standards of service. You have to prove the negligence in the court through various documents and witnesses. Most of the times, you will require an expert witness to prove your case. 15) My one important document which I sent through Registered post lost in transit. Can I take action against Postal Department and its employees for compensation in the Consumer court? Ans:The Post Office Act provides immunity to all the postal

employees for the loss or damage of article in transit. Except such lost is due to intentional negligence or willful act of the postal department employees. So you can get relief from Consumer court only when you will be able to prove that your document lost due to intentional negligence or willful act of the postal department employees. 16) The Courier sent by me was lost in transit by courier Company. Can I got compensation for it? Ans:- You can certainly approach the Consumer court and get the compensation from courier company. In practice, compensation in such cases is allowed only of nominal amount. Many times, it is restricted to the amount of maximum liability as printed in courier receipt. 17) My insurance policy was lapsed because of non payment of premium. The insurance agent to whom I paid the amount to deposit with LIC did not deposit my premium to LIC. Can LIC be held responsible for the omission of its agent? Ans:-As the LIC agent are not authorized to collect the premium on behalf of LIC, so LIC can not be held responsible for any omission by its agent for which agent has not authority. As such no action can be taken against LIC. 18) I got admission in college on the basis of assurance/claim that course is recognized and college is affiliated with a Govt. university. Later on it was found false, I lost my one year in addition to monitory loss. If an action against the college lies in Consumer court? Ans:-This is clearly unfair trade practice under Consumer Protection Act. A complaint can be filed in court against the college. You have to submit documentary evidences such as brochure etc. of the college along with complaint. The court can certainly award suitable relief to you. 19) I am issued a new cooking gas connection, the dealer is insisting to purchase gas stove from him, otherwise, he will not release the connection. His gas stove is very costlier than the market. What action lies under Consumer Protection Act? Ans:-- The action of dealer clearly falls under the definition of

restrictive trade practices given in Consumer Protection Act. The dealer has no authority to stop your connection if you do not want to buy gas stove from him. The consumer court can order him to release the connection. 20) The Bank has rejected my loan application. Can I approach the consumer courts for deficiency in service? Ans:The granting or refusing loan is under discretionary powers of bank. There is no right of a person that he must get the loan. The bankers have to see many things before granting loan. The consumer courts can not hear complaints in discretionary matter. Consumer courts have no jurisdiction to entertain such complaint. 21) My new Scooter is creating problem to me. Whenever I complaint to service centre, they keep the scooter with them for some time and return by saying that problem is removed while actually my problem is still exists. What action I can take? Ans:-- It is better to first complaint to the manufacturing company and service centre and wait for their response. If even then your problem is not removed you can approach consumer court which can grant appropriate relief to you.