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Legal Notice by Consumer

model form of complaint and appeal under consumer

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Frequent questions, quickly answered.

Define Consumer

A consumer is one that buys goods or services for personal consumptions and not for resale or commercial purpose. He or she pays some amount of money required to consume a particular goods or services from the producer or seller. As such consumer place a vital role in the economy system of nation being the end user of a particular goods or services available in the market. Without consumer demand producer would lack one of the key motivations to produce to sale those products to consumers. Hence, consumers also forms part of the chain of distribution.

Consumer Protection Act, 2019

In India the consumer protection Act, 2019 differentiates consumption of a commodity or service for personal use or for earning a livelihood as carried out by a producer or seller of a particular goods or services. So only consumers are given any protection under this act and any person or entity and organization purchasing a commodity for commercial reason to un profit are exempted from any benefits of this act.

Rights of consumers:

Because of the huge consumer movement pushed by the government for increase consumer rights and legal protection against malicious business practices of the producer or sellers, the government at the end of 1950 had brought legal product liability in which an aggrieved party or consumer only needs to prove injury of any sought by using any of the product or services of a particular nature rather then bearing Burdon of proof to be proven as corporate negligence. Below are the rights of consumers:

  • Safety Rights
  • The right to be informed
  • The right to be heard
  • Satisfaction of basic needs
  • Redress rights
  • Consumer education Rights
  • Healthy environment
  • The right to choose

Consumer is the most neglected being in the present scarcity ridden society. A business unit cannot dare to ignore its consumers right, if it wants to flourish but even after a lot of rules and legal courses available a number of problems are suffered by end consumer. We have trial to explain a few problems faced by a common consumer in his day to day life.

  1. Lack of information
  2. Illiteracy
  3. No fair returns
  4. Exploitation
  5. Adulteration
  6. Irregular supply
  7. Disruptive packing
  8. Disorganized customer service etc

There is a qasi judicial body called the national consumer dispute redressal commission of India heirs the grievances of common consumer. Under the consumer protection Act, 2019 the commission is added by a retired judge of the Supreme Court for the easement and convenience of consumer and setting up of the structure, the consumer redressal agencies can be broadly classified in three categories as per the act which are explained below:

  • District forum:

District forum is the first stage of the bottom of the hierarchy of consumer redressal structure. Section 10 to 15 of the Act prescribed its power, authority, jurisdiction and the amount of sentence etc. under the district forum. The value of goods and services and compensation to be provided to the aggrieved consumer should not exceed 20 lack Rupees. Jurisdiction of district forum can be decided in terms of the place or area covered under the same.

  • State commission:

The consumer dispute resolution provides a second stage in the hierarchy consumer dispute resolution it is the court that deals with appeals against the lower level consumer protection agency or district forum section 16 to 19 of the act deals with the powers authority and jurisdiction of a state commission, the value of goods, services and compensation should be at least Rs. 20 lack but not exceeding to Rs. 1 crore is provided under the jurisdiction of state commission.

  • National commission:

National Commission is the highest structure of the consumer redressal hierarchy, national commission has power to hear appeals against the orders of the state commissions. National commission being subordinate to the Supreme Court deals with the consumers grievances of entire nation. Section 20 of the Act deals with the composition power and jurisdiction of national commission. Here the value of goods and services or compensation should exceed above Rs. 1 Crore to any limit by any aggrieved consumer. National commission has also the power to review any order made by itself when they are seems to be an error on the records or in the decision as stated in section 22 of the act.

Following can be described as the feature of the consumer protection Act.
  • The Act applies to all goods or services and any unfair trade practices, unless specifically exempted by the Central government and it is applied to a manufacturer, assembler a wholesaler and retailer practicing any unfair trade activities.
  • It also covers sectors like private, public, cooperative, religious, social.
  • It provides for establishment of consumer protection council at the district, state, central level to promote and protect the rights of the common consumer with a three tier qasi judicial mechanism to deal with consumer disputes.
  • Provides for a statutory recognition to the natural rights of common consumer in India.
The provisions of Consumer Protection:

Sale and purchase of goods was previously governed by various provisions of different Acts such as MRTP Act, 1969, Indian Contract Act, 1872, sale of goods Act, 1930, Drugs and cosmetics Act, 1940 etc. But to provide protection to the consumers against the frauds and malpractices, the consumer protection Act, 1986 was enacted by the parliament. This is a comprehensive legislation providing simple, speedy and in expensive redressal of grievances/consumers. It intends to promote and protect to rights of the consumer by making provisions to have the right to be informed about the quality, quantity, purity, potency, standard and price of goods and services.  This Act prohibits the marketing of goods and services which are hazards to life and property. It assures the consumer the right to access to variety of goods and services at reasonable prices.

This Act, provides for 3 tear jurisdiction namely district forum, state forum and national forum which is divided as per the pecuniary terms. It applies to all goods and services in private, public and co-operative sectors for consumptions by the consumer or for use in his business or occupation for earning his livelihood.

Consumer Complaint

Complaint must contain the name, description and address of the complainant and opposite parties. The facts and circumstances leading to the complaint, the time and place of the transactions are also to be mentioned supported by the written documents.

The Act treats the complaint as an application for the purpose of the limitation Act, and the respective forum/commissions are empowered to condon the delay in filing the complaint on sufficient cause being shown for the delay.

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