Consumer Laws Matters
Who is the Consumer?
Under the Consumer Protection Act brought by the government, only consumers can complain in the Consumer Forum. That's why it is essential to know who the Consumer is. According to the Consumer Protection Act, all such persons buy goods or services for their use. He is called a consumer.
Who is a consumer as per the Consumer Protection Act 1986?
• A consumer is a person who has bought something by paying Rs.
• A person who has not purchased any goods but uses the goods with the buyer's permission is also a consumer.
• The person who buys the goods to sell them is not a consumer.
• A person who buys goods for self-employment is a consumer.
Apart from the above people, the following people also come under the category of Consumer:
• The person who is the beneficiary of the goods or services
• Legal Heirs of Deceased Consumers
• Spouse of the Consumer
• Relatives of the Consumer
There are some conditions of being a consumer which must be fulfilled:
• It is necessary to pay the price to buy something or take services. You can only be its Consumer if you have purchased something. If something is received as a gift, the gift giver must be paid for that item. Only then can you complain in the consumer forum if there is a defect. You have to take proof/receipt of payment from the gift giver.
• If there is no receipt, they can work, like a receipt of advance given before buying something, balance payment written on a visiting card, etc. However, this may only be the case in some cases, so only proof of payment can make you an actual consumer. Also, know that traders who buy goods to sell to customers do not come under the category of consumers.
• Parents can complain about the minor child, husband and wife can complain about each other, and in the case of a gift, the actual user of the thing can complain. If one cannot go to court to fight the case himself, then after making a complaint, he can authorize any other person to participate in the court proceedings on his behalf.
What is the complaint fee in the Consumer Forum?
A nominal fee is charged for making a complaint in the Consumer Forum. Which is as follows:
• For cases up to Rs 1 lakh – Rs 100
• For cases between Rs 1 lakh and Rs 5 lakh – Rs 200
• For cases up to Rs 10 lakh – Rs 400
• For cases up to Rs.20 lakh – Rs.500
• For cases up to Rs 50 lakh – Rs 2000
• For cases up to Rs.1 crore – Rs.4000.
The procedure to file a case in the consumer court is as follows:
Step 1: First, identify the jurisdiction of the Forum where the complaint will be filed. There are two ways of determining this:
• In which area is the shop or center of the goods or service provider?
• How much is the cost of the item or service?
The pecuniary jurisdiction of consumer forums is as follows:
• District Consumer Court: You can file a complaint for up to Rs 20 lakh in the District Consumer Court.
• State Consumer Court: Cases between 20 lahks to 1 crore can go to the State Consumer Court.
• National Consumer Commission: For the case of more than one crore, the case will be registered with the National Consumer Commission. The Consumer can file his complaint in the court of the district in which the office/shop/showroom etc., of the defendant, is situated. The Consumer cannot choose the court of his choice.
Step 2: You must pay a prescribed fee along with your complaint before the District Forum, State Commission, and National Commission, as per your case.
Step 3: After this, you will have to prepare a draft of your complaint, in which it will be necessary to tell why you want to file a case.
Step 4: In this complaint, state how the matter falls within the jurisdiction of this Forum.
Step 5: You must put your signature at the end of the complaint letter. If you want to complain to any other person, then an authorization letter has to be attached to the complaint letter.
Step 6: Remember to mention the complainant's name, address, subject of the complaint, name of the opposite party or parties, description of the product, address, compensation amount claimed, etc.
Step 7: Copies of all documents supporting your allegations, Such as the bill of goods purchased, photocopies of warranty and guarantee documents, a copy of the written complaint made to the company or the merchant, and a copy of the notice sent to the merchant requesting the repair of the product.
Step 8: In your complaint, you can seek compensation, refund, litigation costs and interest, the total cost of product damage, and repair costs in addition to compensation. Remember to write all these expenses as separate items and ask for total compensation per the complaint forum category.
Step 9: The period for making a complaint in the Act is up to 2 years from the date of occurrence of the incident. If there is a delay in filing the complaint, please explain the delay, which the Tribunal may accept.
Step 10: You also need to file an affidavit along with the complaint that the facts stated in the complaint are actual.
Step 11: The complainant can present the complaint in person or through his authorized representative. The complaint can be sent by registered post. At least five copies of the complaint must be filed in the Forum. Apart from this, you will also have to submit additional documents for the opposite side.
Nowadays, even in the era of consumerism, to fulfill the proverb,
"The consumer is the king," the government has made the Consumer Protection Act 1986 to protect consumer interests. Hopefully, with the help of the above steps, you will be able to protect your rights by raising your voice against any exploitation or fraud done by any shopkeeper or company.
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The Consumer protection lawyer of Vakilkaro firm has given his outstanding service to millions of people in India in consumer protection. Vakilkaro has the best Consumer Court Advocate. If a shopkeeper or an online company has cheated on you and you want to recover your money with compensation, you will have to get a consumer court advocate. Which can only provide you with the Vakilkaro firm.
Vakilkaro provides you with India's best consumer rights lawyer. Vakilkaro ensures that the consumer amount is made available to its customers as soon as possible and complies with the provisions of the same law.
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Who can file a complaint in the Consumer Forum?
Aggrieved consumers can complain in the Consumer Forum. Whether it is an ordinary citizen as a consumer or the government itself. The following persons can complain in the Consumer Forum.
Against whom can I complain in the Consumer Forum?
You can file a complaint against the following persons in the Consumer Forum:
• Service Provider.
Which consumers or customers are not covered under the Consumer Forum?
Those customers who get the goods for free should be included in the consumer forum.
In how many districts the facility of Consumer Forum is there?
Currently, Consumer Forum is available in 79 major districts of the country, which works to solve the consumers' problems.
When was the Consumer Forum puzzle bar launched?
Consumer Forum was first started by Prime Minister Rajiv Gandhi on December 24, 1986, keeping in mind the interests and safety of the customers.
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