A consumer is a user of goods and services. Any person paying for goods and services which he uses is entitled to expect that the goods and services are of a nature and quality promised to him by the seller.
The earlier principle of "Caveat Emptor" or "let the buyer beware" which was prevalent has given way to the principle of "Consumer is King". The origins of this principle lie in the fact that in today's mass production economy where there is little contact between the producer and consumer, often sellers make exaggerated claims and advertisements which they do not intend to fulfill. This leaves the consumer in a difficult position with very few avenues for redressal. The onset on intense competition also made producers aware of the benefits of customer satisfaction and hence by and large, the principle of "Consumer is King " is now accepted.
The need to recognize and enforce the rights of consumers is being understood and several laws have been made for this purpose. In India, we have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, the Trade and Merchandise Marks Act, etc which to some extent protect consumer interests. However, these laws required the consumer to initiate action by way of a civil suit which involved lengthy legal process proving to be too expensive and time consuming for lay consumers.
[...] Give a time limit of at least 15 to 30 days to settle your grievance by asking for refund of full amount with suitable interest or replacement of the product along with suitable compensation, else you will file a complaint with the Consumer Court as you are protected under the Consumer Protection Act of 1986. Inform that the consumer complaint will be at his cost and expenses, and you will seek compensation for the mental agony caused due to his deficiency in services. [...]
[...] of In the matter of: Name and Address of the Complainant versus Name and Address of the Opposite Party Application under Section 27 of the Consumer Protection Act RESPECTFULLY SHOWETH: That vide orders dated passed in complaint no. of this Hon'ble Forum / Commission had been pleased to allow the complaint and in terms of the said orders the opposite party was to within a period of days. That the respondent(s) has/have flagrantly violated the said orders of this Hon'ble Forum / Commission in as much as he has they have not complied with the same, wholly or in part, within the prescribed period of days which expired on In fact the respondent(s) has / have not initiated any steps even in this regard. [...]
[...] Therefore, the need for a simpler and quicker access to redressal to consumer grievances was felt and accordingly, it lead to the legislation of the Consumer Protection Act Objects of the Consumer Protection Act The preamble to the Act states that the Act is legislated to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer's disputes and for matters connected therewith. [...]
[...] Consumer Protection (Amendment) Act CONSUMER PROTECTION COUNCILS Section4: The Central Consumer Protection Council. The Central Government [shall], by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council). The Central Council shall consist of the following members, namely the Minister in charge of [consumer affairs] in the Central Government, who shall be its Chairman, and such number of other official or non-official members representing such interests as may be prescribed. [...]
[...] The District Forum has jurisdiction to entertain complaints where the value of goods / services complained against and the compensation claimed is less than Rs lacks, the State Commission for claims exceeding Rs lacks but not exceeding Rs lacks and the National Commission for claims exceeding Rs lakh Complaints "Complaint" means any allegation in writing made by a complainant that— An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider ; The goods bought by him or agreed to be bought by him; suffer from one or more defects; (iii) The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; A trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price Fixed by or under any law for the time being in force Displayed on the goods or any package containing such goods ; Displayed on the price list exhibited by him by or under any law for the time being in force; Agreed between the parties; Goods which will be hazardous to life and safety when used or being offered for sale to the public,-- In contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force; If the trader could have known with due diligence that the goods so offered are unsafe to the public; Services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;”; "Complainant" means— A consumer; or Any voluntary consumer association registered under the Companies Act (1of 1956)or under any other law for the time being in force; or (iii) The Central Government or any State Government, One or more consumers, where there are numerous consumers having the same interest; (class complaint) In case of death of a consumer, his legal heir or representative; When a complaint can be filed? [...]
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