Consumer Protection Act

Consumer Protection Act has been implemented(1986) or we can bring

into existence to protect the rights of a consumer. It protects the
consumer from exploitation that business practice to make profits which
in turn harm the well being of the consumer and society.

This right help to educate the consumer on the right and responsibilities
of being a consumer and how to seek help or justice when faced
exploitation as a consumer. It teaches the consumer to make right
choices and know what is right and what is wrong.

Meaning of Consumer Protection:

The assurance given to the consumer against “anti-consumer trade
practices” by the producers, traders and sellers refers to consumer
protection. With growing competition prevailing in the market,
manufacturers, traders and service providers have made an attempt to
increase their sales by tempting themselves to engage in exploitative
and unethical malpractices which includes:
Sale of spurious goods i.e. selling something of little value instead of
real product;
Sale of sub-standard goods i.e. selling goods not conforming to
prescribed quality standards;
Sale of duplicate products; 74 Overcharging i.e. charging more than
Maximum Retail Price for the product;
Hoarding and black-marketing i.e. creating artificial scarcity in the
market thereby leading to price rise;
Misleading advertisements i.e. false advertisement claiming a product
or service to be of superior quality;
Sale of adulterated goods i.e. adding something inferior to the product;
Fractional weights and measures i.e. use of false weights and
measures leading to underweight;
Supply of defective goods;
Consumer Protection helps in curbing these anti-consumer trade
practices through legislative measures by taking necessary action
against the producers, traders, and service providers. It is that
protective weapon in the hands of the consumer through which they
can protect their hard-earned money and in a parallel way create value
for money.

3.2 Salient Features of the Consumer Protection Act:

 Ø Applies to all goods and services unless specifically exempted by
the Union.
Ø All suppliers of goods and services cover all the sectors whether
private, public or co-operative.
Ø Enshrines the consumer’s rights related to safety, information,
choice, representation, redress and consumer education.
Ø Gives an additional remedy to consumers besides those which may
be available to them under the provisions of other existing laws.
Ø Provides for three-tier consumer grievance redressal machinery
with District Forum at the base, State Commission at the middle and
National Commission at 75 the apex level. The State and National
level functions as appellate authorities and any verdict given by the
National Commission can be challenged in the Supreme Court.
Ø Has a time frame for disposal of cases.
Ø Empowers consumers seeking discontinuance of certain unfair
trade practices, defects or deficiencies in services and withdrawal of
hazardous goods from the market.
Ø Complaints can be filed on behalf of group of consumers having a
common interest.
Ø No technicalities in the procedure of Redressal Forum. In fact, the
Act provides for a simple, speedy and inexpensive redressal of
consumer grievances.

3.3 Persons considered as consumers

 (as decided in various NCDRC and SCDRC with respect to various
cases):
v A family member/beneficiary of consumer
v Payment of consideration makes a complainant consumer v Persons
applying for overdraft facilities or bank overdraft
v Members of Housing Societies
v Admission of child in hospital, parents are consumers-child
beneficiary
v Patient of a private medical practitioner or a private nursing home
v Telephone subscriber v Passenger in a train v Buyer of electricity

Filing of Complaints
A complaint must be filed with the appropriate organisation for
the redressal of consumer grievances. Below are the details
required to be known while filing a complaint by a consumer.

Individuals who may file a complaint

The following persons may file a claim under the Consumer
Protection Act of 1986:

1. The individual must be a consumer.

2. Any recognised voluntary consumer association if the consumer
is a member of the association or not.
3. The Central Government or the State Government.
 4. One or more consumers along with numerous other consumers
having the same interests.
5. A legal heir or a representative in the case of death of a
consumer.

3.11.2 Complaint: Complaint means any allegation in writing

made by a complainant that- (i) an unfair trade practice or a
restrictive trade practice has been adopted by any trader or
service provider; (ii) the goods bought by him or agreed to be
bought by him suffer from one or more defects; (iii)the services
hired or availed of or agreed to be hired or availed of by him
suffer from deficiency in any respect; (iv)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
pricea) fixed by or under any law for the time being in force; b)
displayed on the goods or any package containing such goods;
101 c) displayed on the price list exhibited by him or under the
law for the time being in force; d) agreed between the parties; (v)
goods which will be hazardous to life and safety when used, are
offered for sale to the publica) in contravention of any standards
relating to safety of such goods as required to be compiled 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; (vi)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.[Sec 2 (1) (c) as amended in CPA 2002]

Types of complaints that may be filed

A consumer has the right to file a complaint concerning either of the
following reasons.
 1. Adopting unfair trade practice or a restrictive trade practice by a
trader or service provider.
2. Goods that were bought suffer from defects.
3. Services that were hired or availed suffer from a deficiency in
any aspect.
4. Goods or service which were hazardous or likely to be dangerous
to health and safety when used.
5. When prices are charged more than the MRP/ price displayed on
the price list/ agreed between the parties involved.

Places to file a complaint

A consumer complaint may be submitted in person or by an authorised
agent or by post. The claim may be written on a plain sheet of paper
and supported by appropriate evidence verifying the allegation
contained in the complaint. The complaint should also clearly specify
what sort of relief the consumer is demanding for the loss or injury
caused. The complaint should also contain the nature,

Redressal: Three Tier System Under Consumer Act

 District Forum: These fora are set by the district of the state
concerned in each district wherein it consists of President and two
members of which one should be a woman and is appointed by the
State Government. In this, the complaining party should not make a
complaint more than 20 Lacs and once the complaint is filed the
goods are sent for testing and if they found defective the accused
party should compensate and if the party is dissatisfied can make an
appeal with state commission within 30 days.
 State Commission: This is set up by each state It consists of
President and two members. Complains should be at least 20 lacs
and exceed not more than 1 crore. The goods are sent for testing
and if found defective are asked for replacement or compensation.
 If not satisfied can make an appeal within 30 days in front of the
National Commission.
 National Commission: Consist of President and 4
members. The complaint must exceed an amount of 1 crore. The
goods are sent for testing and if found defective are asked for
replacement or compensation

CONSUMER COMPLAINT BEFORE THE

DISTRICT CONSUMER DISPUTE REDRESSAL
FORUM
BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL
FORUM, DISTRICT___BIJNORE___
CONSUMER COMPLAINT NO. _567_OF _2018_
IN THE MATTER OF:Adeeb Ul Hasan, Son of Mujeeb Ul Hasan, of
__34_years,
Indian Inhabitant, Residing at _Mohalla Chaudhriyan Seohara District
Bijnore U.P_____
Carrying on _Photography__ business. ..COMPLAINANT
Vs
Jain Digital Ltd. having its registered office
at _____Lane no 2 industrial area Zame Nagar Naldwani ,Bijnore
U.P__ ..(OPPOSITE PARTY)
COMPLAINT UNDER SECTION 12 OF THE CONSUMER
PROTECTION ACT, 1986
MOST RESPECTFULLY SHOWETH:
1. That the complainant purchased a fax machine bearing model
No. __65_from _Jain Digital__ Company Lt. on __10 May of
2008 for a sum of Rs. __9000_.
2. That on ___15____ may 2018 the fax machine was delivered
to the complainant and a receipt bearing No __654__ for the
payment was given by __Adeeb Ul Hasan________.
3. That the fax machine thereafter developed certain fault for
which repeated complaints were made to the opposite party.
However, the opposite party made no effort to rectify the said
faults.
4. That on ___5 june__2018____a written complaint was
delivered at the office of the opposite party, in spite of which, the
opposite party did not send any service engineer to rectify the
faults. A true copy of the said complaint is annexed hereto as
Annexure-''A''
5. That due to the negligent acts of the opposite party the
complainant has suffered loss and injury due to deprivation,
harassment, mental agony and loss of professional practice, for
which he is entitled to compensation.
6. That the fax machine has a warranty for a period of __3___
years.
7. That the opposite party is liable for breach of contact as it has
not complied with the terms of the guarantee and have acted
extremely negligently in attending to the complaint of the
complainant and is therefore liable to compensate the
complainant for the loss and injury caused to him.
8. That the cause of action arose on _____25 may 2018__ date
when the fax machine developed certain faults as mentioned
above. The cause of action further arose on ____15june 2018___
date, when a written complaint was filed by the complainant.
 9. That for the purposes of section 11 of the Act, compensation
claimed by the complainant is below Rs. _____10000_____/- so
this forum has jurisdiction to determine and adjudicate this
dispute.
10. That the complainant is a consumer as defined under the act.
PRAYER:
In the above mentioned facts and circumstances it is most respectfully
prayed that the Hon''ble Forum may be pleased to:
a. Order the opposite party to pay Rs. 9900________ as
compensation and Rs. _____90000________ as costs;
b. Pass any other such order, as this Hon''ble Forum may deem fit
and proper in the interests of justice.
Adeeb Ul Hasan
..Complainant
Place:Seohara
Dated:15 june 2018
AFFIDAVIT
(In support of the complaint)
(Affidavit has to be sworn before a Notary, on a Rs. 5/- non-judicial
stamp paper)

BEFORE THE HON'BLE ………DISTRICT JUDGE………..IN RE:

COMPLAINT NO……567……. OF 2018………
IN THE MATTER OF:
………………………………………………………………………..
……:Adeeb Ul Hasan ………..Complainant
Versus
……………………… Jain Digital Ltd ……………….(Opposite
Party)

I,__________________________________ Adeeb Ul Hasan

__________________, Son of,
___________________________________Mujeeb Ul
Hasan___________, and residing at _________________ Mohalla
Chaudhriyan Seohara District Bijnore U.P
________________________, do hereby solemnly affirm and declare
as under:

1) That I am complainant in the above case, thoroughly conversant

with the facts and circumstances of the present case and am
competent to swear this affidavit.

2) That the facts stated in the complaint petition paragraphs ___1___

to __10____, in the above mentioned case, being filed before the
Hon'ble (District Consumer Dispute Redressal Forum (Place)/ State
Consumer Disputes Redressal Commission (State)/ National
Consumer Disputes Redressal Commission, New Delhi are true to
 the best of my knowledge and based on the records maintained by
me, which I believe to be true.

Adeeb (Complainant or Appellant)

VERIFICATION:
I _____Anas Naumani_________Son of ___Sikander Nauman
Rehmani____________ Residing at ___________Dhampur District
Bijnore____ do hereby solemnly affirm and state that the contents and
particulars of the complaint stated above are true and correct to the
best of my knowledge and belief and no part of it is false and nothing
material has been concealed therein.
Verified at Dhampur District Bijnore ____ on ___ 15
JUNE__________ 2018.
..Complainant

AUTHORISATION
BEFORE THE DISTRICT FORUM, BIJNORE.

(Chose as applicable from above)

Consumer Dispute Case/ First Appeal/ Revision Petition No.

_____567___ of 2018
BETWEEN
______________________________Adeeb Ul
Hasan________________<Complainant>
And
_______________________Jain Digital ltd___________ <Opposite
Party/ Respondent>

AUTHORISATION

I ______________ Adeeb Ul Hasan

_________________________________, of
<Address>_________________________________________
Mohalla Chaudhriyan Seohara District Bijnore U.P
________________________, Complainant/Appellant in the above
case do hereby appoint and retain
______________________________Advocate
Ramjaithmalni_________________________ to appear for me in the
above case and to conduct and prosecute the above mentioned
Respondent and in all proceedings that may be taken in respect of any
application connected with the same or any decree or order passed
therein. I authorize the aforesaid Representative to admit any
compromise lawfully entered in the said case.

Dated :15 june 2018 (Adeeb)