We all are consumers because we consume
everything from necessities like food, shelter, and clothing and enjoy other
products like soaps, cosmetics, smartphones, laptops, toothbrush, etc. When we
act as a consumer and buy stuff from the market, we expect to get it at a fair
price, quality, quantity, and information about usage and other relevant
information to make it a value for money deal. Unfortunately, there are a lot
of cases in which a consumer is cheated because he/she doesn’t get a fair
quality, quantity or value for money.
The Consumer Protection Act
In such cases, we often vent our feelings
on social media or bad mouth the brand to our family and friends. What we don’t
do and what we should do is to gain more information on the Consumer Protection
Act. This act was crafted in 1986 with an aim to help resolve consumer
grievances simply and quickly. It also
aims to protect customer’s interests in cases of defective or insufficient
delivery of products or services. The act also hopes to secure the rights of a
customer against unfair trade practices that are often adopted by traders and
manufacturers,
Applicability of the Consumer Protection Act
The Consumer Protection Act applies to all
goods and services that are not exempted by the Union government. It allows a
customer to file the complaints which are heard by consumer forums that have
special powers. These powers allow the forums to take actions against the
guilty ones and order compensation for the customer if he or she has undergone
any hardships.
As consumers didn’t pursue issues with
regard to product or service quality because they dreaded paying a hefty court
fee, changes have been made to ensure that there are no court fees that need to
be paid. The procedures of the court have also been simplified to encourage
customers to seek justice. A consumer should remember that the consumer courts
can help you only if you bought a product for personal use, not for commercial
use.
The Rights of Consumers
- Right to seek redressal to counter unfair trade practices.
- Right to be protected from the marketing of goods and services that can be harmful to property and life.
- Right to get assured accesses, when possible to different services and goods at competitive prices.
- Right to be assured that consumer interests will be given consideration and a consumer’s plea would be heard at vital consumer forums.
- Right to get information about the standard, quality, quantity, and prices of services and goods in order to be protected against unfair trade practices.
Consumer
Courts
According to the Consumer Protection Act,
each district must have a consumer court or consumer redressal forum where consumer
grievances are heard. If a consumer is not satisfied with the decision of a
consumer court, he or she can opt for appealing at state commissions or the
National Consumer Disputes Redressal Commission. If the claim is of more than
INR 20 lakh, the National Commission can be approached directly. If the claim
is of INR 5 to INR 20 lakh, the State Commission can be approached and of the
claim is of less than 5 lakhs, the Consumer Court must be the first place where
you appeal.
Every complaint needs to be backed by
relevant documents like copies of bills. A written complaint to the company in
such matters is considered as proof of the fact that it has been informed of
the failure to meet customer expectations. Various consumer organizations help
you to file a complaint if you don’t want to approach the Consumer Court
directly.
How to File a Complaint According to the Consumer Protection Act?
- The complaint is filed within two years of using the service or buying a product
- The complaint is in writing and mention all pertinent details
- You have necessary documents like copies of bills and have saved all the emails exchanged with the company
- The compliant mentions your name and address and the name and address of the person or entity against which you are making the compliant.
Appeals According to the Consumer Protection Act
If a consumer is not satisfied with the
justice served by a lower court, he or she can file an appeal in a higher court
within prescribed time limits. For instance, approaching the State Commission
must be done within 45 days of the decision by the district court.
Penalties Levied as per the Consumer Protection Act
The consumer courts can sentence a
defaulter to three years of prison and impose a fine of INR 10.000.
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