Complaint under Consumer Act 1986 for deficiency in any goods or services

Compiled By Advocate Shafi Kazi, the President of
SOCIETY FOR FAST JUSTICE

ADMINISTRATIVE OFFICE: 3, Silva I>wel, 447, Pitamber Lane, S.B. Cross Rd., Mahim (W), Mumbai - 400 016. -& Tel Fax; 24453530 -& E-maii: societvforiustice(a),vahoo.jii

REGISTERED OFFICE: Kuber Bhuvan, Bajaj Road, Vile Parle (W), Mumbai - 400 056. Tel: 2297 2942-fr Tel Fax: 2614 8872.

BE AN ALERT CONSUMER

DON'T GET TAKEN FOR A RIDE BY ANY RETAILER, MANUFACTURER OR SERVICE PROVIDER. GET TO KNOW THE PROCEDURES INVOLVED IN GRIEVANCE REDRESSAL.

1. When can I approach a consumer court?
You can approach Consumer Court or any NGO Workshop in consumer related dispute, if the goods you have purchased have any defect in quality, quantity purity or standard. You may also do sc if the service you have paid for has any fault, shortcoming or inadequacy in the quality, nature and manner of performance. The list of services is long, including the nature of transport, telephones, electricity, construction, banking, insurance. medical treatment, etc. By and large, services of professionals such as doctors, engineers, architects, lawyers, etc. come under the purview of consumer courts.

2. Who can approach the consumer courts?
• The consumer or his authorized agent.
• Any voluntary consumer association.
• The government (Central or State).
• A group of consumers, when there are numerous consumers having the same complaint.
A consumer is defined as the person who buys or agrees to buy any goods or sendee for a consideration.


3 What happens if I have bought the goods on installments?
Even if you have partly paid for an item or service or under any method of deferred payment you can file a complaint if it is defective or deficient.

4. Can I file a complaint in case the goods purchased for commercial purpose?
No. if the purchase of goods (or service) is for commercial or resale purpose, you caitnot file a complaint in the consumer courts. You have to approach the civil court. There is an exception though. If you are a self-employed person and the product (or service) ;.s exclusively for the purpose of earning your livelihood, you may approach the consumer court.

5. Where do I file a complaint?
The Consumer Protection Act, 1986, has created three-tier quasi-judicial machinery, in case of disputes you can approach consumer courts at the national, state or district levels. About 571 (or which are 539 are functional, 32 are non-functional) consumer forums have been established across the country at the district level, 35 at the state level and one at the apex nati )nal level. If the cost of goods or services and competition you seek is:
• Upto Rs.20 lakh (earlier 5 lakh) you can approach the District Forum.
• Above Rs.20 lakh up to Rs. One crore you can approach the State Commission.
• Above Rs. One Crore you can file the complaint before the national Commission in New Delh . (A comprehensive amendment was passed effective from 15th March, 2003 revising the earlier slabs.
Complaint can be filed at the district forum where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite, party is located.

6. Do I pay any fee to the consumer courts while filing a complaint?
"Yes. there is prescribed fee as detailed under:-


SL
No.
Total value of goods or services and the compensation claimed
Amount of fee payable
(1)
(2)
<3)

DISTRICT FORUM:

1.
Up to Rs. 1,00,000/- For Complainants who are under the Below Poverty Lines holding Antyodaya Anna Yojana cards
Nil
2.
Up to Rs. 1,00,000/- For Complainants other than Antyodaya Anna Yojana cardholders.
Rs. 100/-
3.
Above PvS. 1,00,000/- and up to Rs. 5,00,000/-
Rs. 200/-
4.
Above Rs. 5,00,000/- and up to Rs. 10,00,000/-
Rs. 400/-
5.
Above Rs. 10,00,000/- and up to Rs. 20,00,000/-
Rs. 500/-

STATE COMMISSION:

1.
Above Rs. 20,00,000/- and up to Rs. 50,00,000/-
Rs. 2,000/-
2.
Above Rs. 50,00,000/- and up tc Rs. 1,00,00,000/-
Rs. 4,000/-

NATIONAL COMMISSION:

1.
Above Rs. 1,00,00,000/-
Rs. 5,000/-

Every complaint shall be accompanied by a fee, as specified in the table, in the form of cross demand draft drawn on a Nationalized Bank or through a crossed Indian Postal Order drawn in the name of the Registrar of the State Commission. This is applicable for the District and its respective State Commission. However, various District and State Commissions accept D.D only. A complainant must check at the time of filing of the complaint to avoid any inconvenience."
Reference: Consumer is King
Rajyalaxmi Rao

7. Is there a time limit for filing a complaint?
Yes. The complaint is to be filed within two years from the date on which cause of action has arisen unless it can be proved that there was a good enough reason for filing a complaint after the lapse of two years.


8. What is the procedure to file a complaint?
You can either personally or through authorized agent or consumer association file the complaint at the appropriate District Forum / Commission. Your complaint should contain the following information:
• Your name, description and the address.
• The name, description and address of the opposite party / parties.
• The facts relating to complaint and when and where it arose.
• Documents, if any, in support of the allegations contained in the complaint. (Copy of the invoice, receipt, warranty card, correspondence / complaints made in writing).
• The relief (compensation) that you are seeking.
There should be 4 copies of the complaint on plain paper plus a copy each for the opposite party. A stamp paper is not required but you must sign the complaint papers. Try and first talk to the retailer, manufacturer or service provider and check if your problem can be solved before approaching any consumer guidance society or forum.

9. What is the kind of relief available to me?
Depending on the nature of r lief you seek and the facts, the consumer courts may give orders for one or more of the following relief:
a) Removal of defects from the goods
b) Replacement of the goods
c) Refund of the price paid
d) Award of compensation for the loss of injury suffered
e) Removal of defects or deficiencies in the services.
f) Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them.
g) Withdrawal of hazardous goods from being sold h) Award for parties based on costs.


10. If I am not satisfied with the order or relief can I appeal ?
Yes. Appeal against the decision of a District Forum can be filed before the State Commission within 30 days. Appeal against the decision of the State Commission can be filed before the National Commission within 30 days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of 30 days. Procedure for filing the appeal is the same as that complaint, except the application should be accompanied by the orders of the District of State Commission. Also the reasons for filing the appeal should be specified.

11. Can you give me a list of useful addresses for the purpose?
Here they are.

1.The Complaint Committee, Consumer Guidance Society of India Block J, Mahapalika Mark Opp. Cama Hospital, Mumbai 400 001.Tel.: 22621612 Fax:2265971 Email: cqsibom@bom4.vsnl.netin

2.Council for Fair Business Practices, Great Western Building 130/132 Shaheed Bhagatsingh Road, Opp. Lion Gate, Mumbai - 400 C39.

3.Mumbai Grahak Panchayat, Grahak Bhavan, Saint Dnyaneshwar Marg, Juhu Vile 3arle, J.V.P.D Scheme Near Cooper Hospital, Mumbai - 400 056. Tel: 2620 9319 / 2623 8124.

4.South & Central Mumbai Dist. Consumer Dispute Forum, Near MGM Hospital, Parel, Mumbai-400 012.

5.Mumbai Sub. Dist. Forum Administrative Bldg., 3rd Floor, Bandra Govt. Colony, Near C.B.D. Bandra (E), Mumbai - 400 051.

6. Maharashtra State Commission, Old Administrative State College, Opp. V.T. Station Hazarimal Somani Marg, Mumbai - 400 001.

7.National Consumer Disputes Redressal Commission http:/ncdrc.nic.in/ 5th Floor, 'A' Wing, Janpath Bhawan, Janpath, New Delhi - 110 001.

8. Ministry of Consumer Affairs, Food & Public Distribution (Government of India) http:/www/fcamin.nic.in/

Courtsey: Bombay Times


CONSUMER PROTECTION ACT. (Brief Outline)

The main object of this Act is for better protection of the interest of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

The Act seeks to protect the consumer in the following respects:
1. The right to be protected against marketing of goods and services which are hazardous to life and property;
2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices;
3. The right to be assured, wherever possible, of access to a variety of goods and services at competitive prices;
4. The right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums;
5. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
6. The right to consumer education.

"Consumer" means any person who,-
(i) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale of for any commercial purpose; or .

(ii) [Hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system or deferred payment and includes any beneficiary of such services other than the person who [hires or avails of] ihe services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first-mentioned person;
[Explanation-for the purpose of sub-clause (i), "Commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;]

"Deficiency" means any fault, imperfection, shortcoming or inadequancy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service; "Complainant" means-i. a consumer; or ii. any voluntary consumer association registered under the Companies Act, 1956 (1 of
1956), or under any other law for the time being in force, or

the central Government or any State Government, who or which makes a complaint; iv. one or more consumers, where there are numerous consumers having the same interest.

"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; ii. [the goods bought by him or agreed to be bought by him] suffer from deficiency in any
respect;

iii. a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;
iv. goods which will be hazardous to life and safety when used, are being offered ;r sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display.
















Model format of Complaint,- ..

. SAMPLE OF COMPLAINT, AFFIDAVIT IN SUPPORT OF COMPLAINT AND REPLY TO THE COMPLAINT

A sample of complaint is given below. However, you can file a complaint in any other way as long as you write the specific information required to file in a complaint. This format is just a sample. You can file the complaint in any manner you wish. Even'a letter to the President of National Commission/State Commission/District Forum stating your complaint, the facts along with copies of any evidence to prove your contention such as Bills /documents etc. in support of your complaint.

BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT.........................
OR
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT.......................
OR
BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AT NEW DELHI
IN RE: COMPLAINT NO..................OF 20........

IN THE MATTER OF: (Full Name) (Description)
(Complete Address)
...........Complainant
- versus -(Full Name) (Description) (Complete Address)
...........Opposite party/parties

Complaint under Section 12/Section 17/Section 21 of the Consumer Protection Act, 1986: Respectfully showeth:

1. Introduction: In this opening paragraph, you should give your introduction as well as that of the opposite parties.

2. Transaction: In this paragraph, you should describe the transaction i.e. particulars and details of goods/services availed; items of goods/kind and nature of service; date of purchase of goods/j availing of service; amount paid as price/consideration, full or iri'l part towards the goods/service; photocopies of the bill/cash^ memo/voucher or receipt should be attached and properly marked j as Annexure A, B, C and/or 1, 2, 3 and so forth. ;

3. Defect/Deficiency: In this paragraph, you should explain the grievance i.e. whether the loss or damage has been caused by some unfair trade practice or restrictive trade practice adopted by any trader or there is some defect in the goods or there has been deficiency in service or excessive pricing for the goods. One should bring out the nature of unfair trade practice adopted by the trader, i.e. relating to the quality of goods/services; sponsorship; warranty or guarantee for such period promised. The nature and extent of defects in goods should be explained and so should the deficiency in service. In case of excessive price, one should specify the details of actual pi ice fixed by or under any law in force at that point of time or as set out on goods and their packing vis-a-vis the price charged by the trader. The complaint can also be filed against offer for sale of goods hazardous to life and safety when used. You should narrate your grievance and rest assured, it is being read/ heard by compassionate and pragmatic judges. The photocopies of the relevant documents must be attached.

4. Rectification: In this paragraph, you should highlight what attempts you have made to set the things right i.e. personal visits or negotiations; communication in writing if any; whether any legal notice was served and/or whether you have approached any other agency for redressal like MRTP Commission, Civil or Criminal Court of competent jurisdiction; the stages of its proceedings, its outcome., if any, along with copies (preferably certified) of such proceedings. The nature of response you got from the trader when irregularities were brought to his notice, should also be disclosed here.

5. Other provisions: In this paragraph, you must make reference to any other law or rule or regulation of a particular procedure which are applicable to the case and/or which the trader has violated and consumer's rights under the same. There are incidental statutory obligations which the traders have to fulfill and in case of any failure to do so, the .case in prima facie is made out and the Forum takes cognizance.

6. Evidence: In this paragraph, you should give details of documents and/or witnesses you will rely upon to substantiate your case.
incorporated in'a proper list and a list of witnesses (if-My) 'may be filed. Each of'the annexures should be attested as 'true copy'.

7. Jurisdiction.: In this paragraph, you should liquidate the claim in • the complaint i.e. from Rs. 20,00,000/- to Rs, 1,00,00,000/- or above
and set out the pecuniary jurisdiction of the Forum/State Commission /National Commission, as the case may be. The territorial jurisdiction should be highlighted to obviate any formal objection.

8. Limitation: You must mention that the present complaint is being filed within the period prescribed under Section 24A of the Act.

9. Relief claimed: In this paragraph, you should describe the nature of relief you want to claim i.e. for removal of defects in goods or deficiency in service; replacement with new goods; return of the price or charges, etc. paid and/or compensation on account of financial loss or injury detrimental to your interest occasioned by negligence of the opposite party and explain how you have calculated the amount of the compensation claimed.

10. Prayer clause: It is, therefore, most respectfully prayed that this Hon'ble Forum /Commission may kindly be pleased to....................
(details of reliefs which you want the Court to grant)


Place.................
Date.................

Complainant

Through.......................
(Advocate or Consumer Association, etc.)

Verification
I,........................................., the complainant above named, do
hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge. No part of it is false -and nothing material has been concealed therein.
Verified this on...........day of..........20..............at............

Complainant
Note: Although it is not compulsory, you may file an affidavit in support of the complaint, which adds to the truth. and veracity of allegations and gives credibility to the cause. You need not do it on a stamp paper but should get it attested from an Oath Commissioner appointed by a High Court. The format is simple.


AFFIDAVIT IN SUPPORT OF THE COMPLAINT '
BEFORE THE HON'BLE...................................
IN RE: COMPLAINT NO..................OF 20........
IN THE MATTER OF:
..................................................................................COMPLAINANT
versus -
.............................................................................OPPOSITE PARTY

AFFIDAVIT
Affidavit of Shri......................., S/o. Shri...................................,
aged................ years, resident of.....................................................
I, the above named deponent do hereby solemnly affirm and declare as under:
a. That I am the complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.
b. That the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therein.
Verified this .......day of 20.......at........
DEPONENT BY THE TRADER TO THE COMPLAINT
THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM/COMMISSION AT.........
IN RE: COMPLAINT NO..................OF 20........
IN THE MATTER OF:...,..................................................COMPLAINANT
- versus - '
..»..".....................................................................................OPPOSITE PARTY
DATE OF HEARING.........;.......................



WRITTEN STATEMENT ON BEHALF OF TO THE
COMPLAINT OF THE COMPLAINANT

Respectfully showeth:
Preliminary Objections:
1. That the present complaint Is wholly misconceived, groundless and unsustainable in law and is liable to be dismissed as such. The transaction in question was without any consideration and free of charge.
2. That this Hon'ble Court has no jurisdiction to entertain and adjudicate upon the dispute involved in the complaint in as much as it is not a consumer dispute and does not fall within the ambit of the provisions of the Consumer Protection Act, 1986, hereinafter called the said Act and is exclusively triable by a Civil Court and as such the complaint is liable to be dismissed summarily on this score alone.
3. That the dispute raised by the complainant in the present complaint is manifestly outside the purview 'Of the said Act and in any event; the Act is in addition to and not in derogation of the provisions of the Act. The proceedings initiated by the complainant under the Act are non est, null and void and without jurisdiction.
4. That the definitions of 'Complainant', 'Complaint' 'Consumer Dispute' and 'Service', as defined in section 2(1) of the said Act do not cover the claims arising under the present dispute and that from the aforesaid definitions, the complainant is not 'consumer' and the controversy involved in the complaint is not a 'consumer dispute'.
5. That the present complaint is baseless and flagrant abuse of process of law to harass and blackmail the answering respondent.
6. That the complainant has no locus standi to initiate the present proceedings.
7. That the complaint is bad for non-joinder of necessary and proper party and is liable to be dismissed on this score alone.
8. "that the complainant has already filed a civil suit for in a court of competent jurisdiction which is pending disposal in the Court of and the present complaint has become infructuous.
9. That the present complaint is hopelessly barred by limitation. .
10. That this Hon'ble Forum/Commission has no territorial or .pecuniary jurisdiction in as much as the amount involved in the subject matter exceeds or is less than the limit prescribed by section 11 (1) / section 17(1)(a)(i)/ section 21(a)(i) of the Act.


11. That the present,complaint is frivolous and vexatious and liable to be dismissed under -section 26 of the Act.
12. That the present complaint has not been verified in accordance with law.

On Merits
In these paragraphs, the respondent must reply to each and every allegation made and contention raised by the complainant, factual and legal as well. One may have, inter alia, following good defences as well:
1. That the transaction entered between the parties to the above dispute is a commercial one and the complainant cannot claim any relief from this authority in as much as..........................
(give details)
2. That the complainant had purchased the goods as a seller/retailer/ distributor, etc., for consideration of resale and as such is barred form moving this Hon'ble Court for the alleged defect/deficiency, etc., in as much as...........................
(give details)
3. That the complainant has already availed the warranty period during which the answering respondent has repaired/replaced the goods in question. The complainant is thus legally stopped from enforcing this complaint or to take benefit of his own. wrong.
4. That the present complaint is an exaggeration beyond proportion despite the fact that the complainant himself is responsible for the delay and has on several occasions changed his option for class of goods/type of allotment scheme of flats/model of vehicle, etc.......(give details)
5. That the answering respondent is well within his rights to charge extra price for the subject-matter of the above dispute in as much as time was not the essence of delivery thereof. The complainant is liable to pay the increased price w.e.f........on account o£ escalation due to excise duty/ budgetary provisions, etc., in as much as................ (give details)
6. That the complainant has accepted the goods and/or service towards repair/replacement, etc., without protest and the present complaint is merely an after thought.
7. That without prejudice the answering respondent as a gesture of
goodwill is prepared to..........{give details of rectification, if any, which
can be done in case of minor or tolerable problems to avoid harassment to consumer and litigation problems).


The allegations of defect/default/negligence and/or deficiency in service are wholly misconceived, groundless, false, untenable in law besides being extraneous and irrelevant having regard to the facts and circumstances of the matter under reference.

Prayer clause with all the submissions made therein is absolutely wrong and is emphatically denied. Complainant is not entitled to any relief whatsoever and is not entitled to claim and recover any thing from the answering respondent in the light of what is stated above. The complaint itself is not maintainable and is beyond the jurisdiction of this Hon'ble Court and is liable to be dismissed summarily on this score alone and more fully set out in the preliminary objections. It is prayed that the complaint may kindly be dismissed with costs.

Opposite Party
Place.....................
Date......................
Through
(Advocate)

Verification
I,................. the above named respondent do hereby verify that the
contents of paragraphs.................to.................of the written statement on
merits are true and correct to my knowledge. While paras................
to.................of preliminary objections and to of reply on merits are true to
my information, belief and legal advice received by me and believed to be true while the last para is prayer to this Hon'ble Court Verified at..............this.................day of 20........
(Opposite Party)
Reference - CONSUMER IS KING BY - Rajyalakshai Rao.