With a view to protect the rights and interest of the consumer, the government has come up with the Consumer Protection Act, 1986 which addresses the grievances and resolves the matter.
A consumer as defined u/s 2(d) of the Act means any person who buys goods for a consideration and/or hires or avails any services for a consideration but does not include a person who obtains such goods for resale or for any commercial purpose or avails of such services for any commercial purposes.
At the outset, it is clear that the consumer can file a complaint against immoral and dishonest businessmen . To be specific, as per Section - 2 of the Act, the Complainant may be:
The complaint can be made in writing in the following cases:
Under the Act, following are the three levels of the Consumer court in which consumers settle their disputes:
With respect to the jurisdiction of the above mentioned forums/Commissions, they are differentiated by the following:
The complaint filed before the consumer court at District, State or National level must be supported with all the relevant documents along with the prescribed fees in accordance with the Act, which is less when compared to the civil suits. The limitation period for filing the complaint is two years from the date on which the course of action has taken place.
The remedies available to the Complainant are as follows:
The State Commissions has the jurisdiction over the appeals against the orders passed by the District Forums within thirty days from the date of the order.
The Second appeal is made to the National Commission against the orders passed by the State Commission and final appeal is made to the Supreme Court of India against the orders of the National Commission.Copyright 2022 – Helpline Law - HLL001
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