FAQ

Q.1 Who is a consumer?

A person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment is a Consumer but if a person who obtains such goods for resale or for any commercial purposes will not be a consumer. However, if such goods are bought by a person exclusively for the purpose of earning his livelihood by means of self-employment then such a person will be considered as a consumer.

 

Q.2 Who can make complaint?

• A consumer as defined under Consumer Protection Act, 1986
• A registered Voluntary Consumer Association
• Central Government
• State Government / Union Territory
• One or more consumers representing numerous consumers having the same interest.

 

Q.3 When the complaints can be made?

In the following situations complainant can be made

• the article purchased by a consumer is defective.
• If the services availed of by a consumer suffer from any deficiency.
• When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force.
• Goods, which will be hazardous to life and safety, when used, are being offered for sale to the public in contravention of the provisions of any law.

Q.4 What is District Consumer Protection Council?

District Consumer Protection Council is the council constituted under Consumer Protection Act, 1986 for each district. District Collector acts as its Chairman, District Supply and Consumer Protection Officer as Member-Secretary, and all the M.P.s, M.L.A.s and officials of all Government Departments having Consumer interface of the Concerned District are members along with the VCOs functioning in the District. This Council shall meet twice in a year as per Consumer Protection Act, 1986.

Q.5 Where complaints can be registered?

District Consumer Protection Council – Action will be initiated legally through the Department concerned on the petitions regarding the defects filed before this Council which function under the chairmanship of the District Collector

Price of the commodity or value of the services and value of compensation claimed

District Consumer Forum – for a claim of Compensation up to Rs.20 lakhs

State Commission – for a claim of Compensation above Rs.20 lakhs and up to Rs.1 crore

National Commission – for a claim of Compensation above Rs.1 crore

 

Q.6 How complainants can be registered?

Complaint can be registered within 2 years from the date on which the cause of action has arisen.
· No Stamp paper is required for declaration
· Complaint can be registered, in person, by the complainant or through his authorized agent or by post addressed to the Redressal Agency.
· Lawyers are not necessary.

 

Q.7 What particulars should be furnished along with the complainant?

• The name and complete address of the complainant
• The name and complete address of the opposite party/parties
• Date of purchase of goods or services availed
• Amount paid for the above purpose
• Particulars of goods purchased with numbers or details of services availed
• The details of complaint, whether it is against Unfair Trade Practice / supply of defective goods / deficiency in service provided / collection of excess price, should explicitly be mentioned in the complaint petition.
• Bills / receipts and copies of connected correspondence, if any,
• The relief sought for under this Act.

 

Q.8 What are the reliefs provided by the district and state commission under the Act?

The District Forum / State Commission can order the following relief’s:

• To remove the defects in the goods pointed out.
• To replace the goods.
• To return to the complainant the price of the goods
• To pay such amount of compensation for the loss or injury suffered by the consumer.
• To remove the defects or deficiency in the services
• To discontinue the unfair trade practice or not to repeat it
• To withdraw the hazardous goods from being offered for sale
• To provide the cost of expenditure incurred by the complainant

 

Q.9. What is the appeal provision?

• Aggrieved by the orders issued by the District Consumer Redressal Forum, appeal petition may be filed before State Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders.
• Aggrieved by the orders issued by the State Consumer Dispute Redressal Commission, appeal petition may be filed before National Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders.
• Aggrieved by the orders issued by the National Consumer Dispute Redressal Commission, appeal petition may be filed before Supreme Court of India within 30 days from the date of receipt of orders
• No fee is charged for registering an appeal petition before State / National Consumer Dispute Redressal Commissions.
• The appeal petition has to be filed with the grounds for appeal with copies of orders of the lower redressal agencies and registering procedures are same as is being done in the case of registering complaint.

 

Q.10 What are the Rights conferred on the Consumers under Consumer Protection Act 1986?

Consumers are having following rights under the consumer protection act which are namely

• Right to Safety
• Right to be Informed
• Right to Choose
• Right to be heard
• Right to seek Redressal
• Right to Consumer Education

 

Q.11 what is the fee structure for filing the complainant before the district forum and commissions?

Every complainant shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated. Fees structure shall be according to the given below table-

Complainants who are under the Below Poverty Line shall be entitled for the exemption of payment of fee only on production of an attested copy of the Antyodaya Anna Yojana cards.

 

Q.12. Can an advocate be held liable under the Consumer Protection Act,1986 for the deficiency in services?

Yes, an advocate cannot claim exception under the consumer protection act for the deficiency in his services. In the case of M. Veerappa v. Evelyn SequeiraAIR 1988 SC 506 court held that A legal practitioner cannot claim exemption from liability to be sued in respect of any loss or injury suffered by the client due to any negligence in the conduct of his professional duties merely by reason of his being a legal practitioner. He can be brought under the sec.2(1) (g) of the Consumer Protection Act,1986.

 

Q.13.What is IGMS?

Integrated grievances management System (IGMS) facilitates online registration of insurance policy holders complaints and helps track their status.

 

Q.14 How we can use IGMS?

Policy holder needs to login in to www.igms.irda.gov.in and create a profilefor registering a complaint. Policy holders can register one or more complaints. Once the policy holder registers in to IGMS then details of complaint are passed on to respective insurance companies. Policy holder can see the details of the branch offices of the insurance company while registering the complaint. Policy holder receives the confirmation email after registering the complaint along with IRDA token no which will be used by IRDA and Insurance Company for tracking of the complaint through IGMS. A complaint registered through IGMS flows to the insurer’s system as well as the IRDA repository. If the complainant is not satisfied with the resolution provided by Insurer, he/she can escalate the complaint for a review by IRDA for a potential violation of Regulations. All the transactions between the Insurer, Insured and Remarks by IRDA are visible to the complainant.

 

Q.15 What is Confonet?

Confonet stands for Computerization and Computer Networking of Consumer Fora in Country. It is an internet based Case Monitoring System developed for automating the work flow of the consumer forums, starting from case registration until announcement of judgment.

 

Q.16 How can a user search for the daily Cause List?

A user may follow the steps mentioned below to search the cause list:

• Log on to http://www.confonet.nic.in
• Click on the Causelist Search link on the top menu of the page
• Select the Causelist for NCDRC, State Commission or District Forum
• Provide the required parameters and submit the form

 

Q.17 How can a user search for the Judgment of his case?

Follow these steps to search the judgment

• Log on to http://www.confonet.nic.in
• Click on the Judgement Search link on the top menu of the page
• Select the Judgement for NCDRC, State Commission or District Forum
• Provide the required parameters & submit the form