Consumer Court Referencer

 

 

 

 

 

 

Consumer disputes forum, is a quasi-judicial machinery. again CPA is a procedural law.The right should be looked in to contract Form or any Substantial statute.

If a case has been settled by ADR process then Court shall return the Court Fees.

Introduction to consumer protection in India

Commentary on Consumer Protection Act-1986

Law of medical negligence

Food Law in India

Hospitality Law in India

Law of Insurance in India

Banking Law in India

The statutes

The Consumer Protection Act, 1986

Consumer Protection Rules, 1987.

Amendment of Consumer Protection Rules, 1987 as on 26.08.2009
Amendment of Consumer Protection Rules, 1987 as on 20.06.2013

Consumer Protection Regulations, 2005

Case Type
Filing Consumer Cases	Amendment of Pleading
Admission of the complaint or  appeal
Revision Petition under Article 226/227 of Indian Constitution
First Appeal to State Consumer Commission within 30 days from Order Second appeal to National consumer Commission
Revision Petition
Execution Application u/s 25 or 27 CP Act
Caveat Case
Interlocutory Application
Transfer Application
Review Application
Miscellaneous Application

Original Jurisdiction 

DF: Up to 20 lakhs the complaint shall be filed before a District consumer Forum

SC: In the case where the value of the goods or services and the compensation, if any, claimed exceeds Rs.20 lakhs but does not exceed Rs. 1 crore, in that event such a complaint can be filed before the State Commission having jurisdiction

NC: Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have jurisdiction:- to entertain a complaint valued more than one crore.

Condonation of Delay: Limitation Act is applicable Click for Law of Limitation 

PROCEDURE FOR FILING COMPLAINT:     

A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint.

A complainant can be a:- 

1. Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
2. A firm registered or unregistered
3. An individual
4. Hindu Undivided Family.
5. A cooperative society or any other association of persons
6. The Central or the State Government; and
7. in case of death of a consumer his legal heirs or representatives

Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.
The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.

FEES PRESCRIBED [Please check it with the concerned state ]

1. Upto Rs.1,00,000/- – Rs.100/- by way of Postal Order or Demand Draft in favour of President, District Forum.
2. Above Rs.1,00,000/- to Rs.5,00,000/- – Rs.200/- by way of Postal Order or Demand Draft in favour of President, District Forum.

1.   Above Rs.5,00,000/- to Rs.10,00,000/- – Rs.400/- by way of Postal Order or Demand Draft in favour of President, District Forum.

4.Above Rs.10,00,000/- to Rs.20,00,000/- :- Rs.500/- by way of Postal Order or Demand Draft in favour of President, District Forum.

5. Above Rs.20,00,000/- to Rs.50,00,000/- : Rs.2,000/- by way of Demand Draft in favour of Registrar, State Commission.

1. Above Rs.50,00,000/- to Rs. 1 crore : – Rs.4,000/- by way of Demand Draft in favour of Registrar, State Commission.

2.  National commission above One crore rupees:- 5000/-

     The complaint can be filed through anAuthorisedRepresentative /Advocate or in person.     

PROCEDURE FOR FILING APPEALS:

In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order.

Consumer Protection Rules,  deal with the procedure of filing appeals.

(1)  Memorandum shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the Commission.

(2) Every memorandum of appeal filed  shall be in legible handwriting (preferably typed) and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(3)Each memorandum of appeal shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents, as many be required to support the grounds mentioned in the memorandum of appeal.

(4)  When the appeal is presented, after the expiry of period of limitation as specified in the Act, memorandum shall be accompanied by an application supported by an affidavit setting forth the reasons on which the appellant relies to satisfy the Commission that he has sufficient cause for not preferring the appeal within the period of limitation.

(5)The appellant shall submit three copies of the memorandum to the State Commission for official purposes along copies for service to the respondent/OP.

Any person desirous of filing an appeal can file such appeal at the Filing Counter of the State Commission on all the working days from 10.30 a.m. To 1.30 p.m.

 In the case of appeals also, it is necessary for the person filing the appeal to get an acknowledgement indicating the date of filing the appeal, so as to show the Commission that the appeal has been filed within the period of limitation  in terms of the provisions contained in the Act.

In case of appeals, the statutory deposit i.e. fifty percent of the awarded amount or Rs.25,000/-, whichever is less, should be deposited in the shape of Fixed Deposit Receipt, from any nationalized bank for a period of one year, in favour of “Registrar, State Commission.

Right of a consumer in connection with a Product and service

Right to Safety @ while using the product or service
Right to be Informed@ about the Product and service
Right to Choose
Right to be Heard
Right to Seek Redressal
Right to Consumer Education @ product information and manual

A frivolous complaint can be dismissed with cost or with exemplary cost.

• Refusal of copy under right to information act is not the consumer disputes
• Medical Treatment by Govt.Hospital free of charges is not covered under CP Act.
• The person getting sterilization operation in Government Sponsored Scheme is not a consumer
• Booking of a flat of Specific number will amount the allotment of the flat.
• Medical expert report is needed before admitting the complaint for medical negligence
• Doctor Conducting operation if not qualified for the medical field of the operation,  is held committing medical negligence
• Use of any one or two Adopted Method of Treatment is not Medical Negligence unless proved by any expert evidence
• Death after successful operation, sudden massive heart attack can not be ruled out
• No interest on deposit, if possession of property is sought, there being escalation of cost of property
• Acceptance of additional premium for Spontaneous Combustion is sufficient to cover the risk of Spontaneous Combustion
• Insurance policy purchased by commercial Units does not amount the case of commercial purpose.

Connected Statutes :

The Competition Act, 2002
The Essential Commodities Act, 1955
Jammu & Kashmir Consumer Protection Act 1987
The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

   State watch:    West Bengal

Some important Judgments

1. Condonation of delay: Rita Chatterjee and Anr. -VS- Bengal Ambuja Housing Development Ltd. and Ors.[FA/1042/2015 National Commission] relied on Reliance General Insurance Co. Ltd. and Anr. V. M/s Mampee Timbers and Hardwares Pvt. Ltd. and Anr[10.02.2017 ]

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