Consumer Law Archives - Legal Desire Media and Insights https://legaldesire.com/category/consumer-law/ Latest Legal Industry News and Insights Mon, 12 Jul 2021 18:14:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg Consumer Law Archives - Legal Desire Media and Insights https://legaldesire.com/category/consumer-law/ 32 32 Can I Sue For A Faulty Product?  https://legaldesire.com/can-i-sue-for-a-faulty-product/ https://legaldesire.com/can-i-sue-for-a-faulty-product/#respond Mon, 12 Jul 2021 18:14:23 +0000 https://legaldesire.com/?p=55962 If a product is faulty, you may not be aware of what you can do about it, but you have options. You may have the question ‘can I sue for a faulty product?’ Yes. You can. You can file a claim and suing the company and earn compensation for any injuries you have gotten because […]

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If a product is faulty, you may not be aware of what you can do about it, but you have options. You may have the question ‘can I sue for a faulty product?’ Yes. You can. You can file a claim and suing the company and earn compensation for any injuries you have gotten because of the companies’ negligence. Defective products are unfortunately all around us, and knowing our rights and what we can do is beneficial. 

 

Types Of Injuries You May Sustain

A company is supposed to produce products that have been proven to be harmless. Everyone in the process should be held to the highest standards to ensure that their customers are safe. Unfortunately, mistakes can be made, and those mistakes can cause painful injuries like these.

  • Disease
  • Burns 
  • Memory loss
  • Concussions 
  • More severe brain injuries
  • Cancer 
  • Infection
  • Cuts 

When you sustain an injury like this, your immediate worry will be to take care of yourself before the injuries worsen, and you don’t have the ability to get help. Left untreated, the injuries can be life-threatening. Don’t wait until your wounds are untreatable. Find yourself a lawyer that can help you get the justice you deserve. 

 

What A Lawyer Can Offer

A lawyer can help you file a claim and help you understand what type of case you have in the first place. When understanding the steps to file a claim, the first thing a lawyer will offer you is a free consultation. This lets them hear your story and what happened and then determine what your options are. Offering practical advice and giving you the truth will help you see what they can do for you or what they can’t. In many of these cases, your claim will fall under three specific categories, making it easier to stand up to the companies that didn’t pay enough attention. 

These lawyers’ goal is to focus on you, your needs and help you understand your rights and how you can proceed legally. Many people who get injured don’t have a voice which is something that needs to change. 

 

Get Help Today

If you have been injured, you don’t have to let it ruin your life, bank account, and relationships. By finding the right lawyer, you can fight back and get the support you need to move on with your life and be healthy once more. Utilizing these benefits for yourself will ensure that you get the compensation that you deserve. 

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Consumer Rights during Covid19 https://legaldesire.com/consumer-rights-during-covid19/ https://legaldesire.com/consumer-rights-during-covid19/#respond Sat, 08 Aug 2020 07:29:44 +0000 https://legaldesire.com/?p=43241 INTRODUCTION Consumer rights can generally be defined as a set of rights which provide protection to the consumer from the harm that may be associated with the goods of the producer. Thus, it can be simply stated that consumers rights are the rights of consumers. Consumer rights and laws basically regulate the relation between the consumer […]

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INTRODUCTION

Consumer rights can generally be defined as a set of rights which provide protection to the consumer from the harm that may be associated with the goods of the producer. Thus, it can be simply stated that consumers rights are the rights of consumers. Consumer rights and laws basically regulate the relation between the consumer and the seller. A consumer is person who purchases goods or services for payment while the seller is person who is offering to sell such goods and services for or against payment.   

Trade is one of the oldest professions of the world, some rudimentary form of market and trading system can be traced from the ancient civilizations. Earlier the market system was not complex and was mostly dominated by the sellers of the product. It was the doctrine of Caveat Emptor which is a Latin term meaning ‘let the buyer beware’. The Principle underlying this doctrine was that the buyer or purchaser (Consumer) must be careful and use his or her skill set carefully to examine the property and its nature before buying it from the seller. The buyer is entitled to plead ignorance for the same. But with the development in trade and technology, the goods sold in the markets became more complex and intricate. It became impossible for the consumer to evaluate the nature and their desired requirement from the product. The principle of Caveat Emptor exposed the innocent consumers to such vulnerabilities and there was rarely any redressal agency which they could approach for their grievances.

Consequently, a need to opt for an alternative which would protect the consumer from such unfair practice was felt. One of the important cases where the court adopted a shifting view from Caveat Emptor was the Priest and Last, wherein the claimant purchased a water bottle from the defendant (seller). Upon using the bottle several times, the bottle burst and caused an injury tothe claimant ’s wife. The defense in this case argued that claimant did not mention the purpose for which he was purchasing the bottle. In this case the court observed that the water bottle could not be sold as it was not fit for the ‘obvious and usual purpose’. Thus, a purpose of a product was to be assumed especially when the product only has one major purpose.

This decision of the common law witnessed a gradual shift from the principle that the buyer should take care to seller’s responsibility regarding the product sold. The doctrine of Caveat Emptor was replaced with the new principle of Caveat Venditor. The doctrine of Caveat Venditor puts a responsibility upon the seller to be more careful regarding their goods or services which are sold in the market. Such a paradigm shift has occurred in order to create a consumer-friendly market and to protect the innocent consumers who purchase the good or service in good faith and are not able to identify defects due to the complex nature of the products.

With the growing awareness regarding the consumer’s right and protection, many countries across the world have adopted statutory legislation for the same. The United Nation Conference on Trade and development (UNCTAD) can be considered an importance step towards the international recognition of consumer protection. The guideline laid down under UNCTAD aimto raise the issue of consumer protection at the united nations and create awareness among members state regarding the importance of consumer protection and what steps can be taken in the same regard. The globalization of trade in the 21stcentury has set up the whole world as one unit and every individual becomes a global consumer. One consumer can be affected by something that is happening on the other side of the world. Therefore, a need to articulate a well-coordinated plan among the member states so that the balance is charted between the welfare of consumer all over the world and sustainable development is achieved. And this will not possible if there are no proper laws, provisions and policies drafted for the consumer protection.

India’s exposure to the global trading market in the 1980s and the 1990s introduced the consumers to a plethora of novel goods and services, which led to the creation of new problems and with growing awareness among the masses regarding the rights of consumers, the need to introduce a statutory legislation to protect the consumers as well as set up a redressal forum was felt. Therefore, the Consumer Protection Act 1986 was introduced to safeguard the consumers from such profitable trade practices which were harmful for the consumers as well as the society as a whole. The act is a compact legislation containing 31 sections. 

The Ministry of Consumer affairs, food and public distribution of India recognizes six different types of consumer rights. The first and one of the most important right is the Right to safety. It means that a consumer has a right to be safe from goods and service which are hazardous and will affect the life and property in a negative way. It also provides that goods and services should serve the long-term interest of the consumer as well. There is also a duty upon the consumer to purchase products and services which are of a quality mark, for example, ISI, AGMARK etc.

The second right is the right to be informed. This right empowers the consumer to be informed regarding various specifications of the products such as quality, quantity, purity, standard, potency etc. Consumer is allowed to insist on getting the information regarding the product. This right is important as it helps the consumer in better judging whether the goods will serve his or her desired purpose and not be exploited by the clever marketing techniques.

The third right deals with the right to choose, which means the consumer has the right to choose from the variety of goods and services which are available at a comparative. It includes the right to be assured of quality goods and services at a fair price.

The fourth right is the right to be heard which means that the consumers have the right to put forth their interests for consideration before a proper and appropriate forum. They can also form organizations for representation before the government and other bodies.

The fifth right deals with the redressal against any unfair trade practice or exploitation. The consumer has the right to make a complaint for reasonable grievances. This right also includes the right to fair settlement of genuine and reasonable grievances.

The last right given to the consumer is the right to consumer education. This is a very important right as it allows the consumer to gain knowledge and proper skills vis-à-vis consumer rights and protection. It helps them identify unfair trade practices and exploitation and helps them become responsible consumers throughout their lives. 

 

COVID-19 AND THE EFFECTS ON CONSUMER RIGHTS  

 

Year 2020 has been a year of unfortunate events, with the Covid-19 pandemic grappling the world and the increasing uncertainties due to no significant success in the medical field for developing a vaccine to cure this novel virus. Covid-19 has impacted the whole world. All aspects: social, economic and political have witnessed a change. People are restricted to their households and their interaction with the outside world had been limited. Trade and commerce have been one of the worse affected sectors due to Covid-19, not even the e-commerce business is spared as there has been a drastic interruption in their services

This change is the lifestyle has definitely impacted the consumer vis-a-vis consumption of goods and services. It has led to a drastic impact on the rights of the consumers in many areas where the regular activities of the consumers are being disrupted. For example, from a drastic increase in electricity charges to sale of basic products of hygiene at a very high price has affected consumerfrom all walks of life. Increase in debts has also severely affected the consumers due to the lockdown.   

With the corona pandemic, it is important to note that there has been a change in consumer behavior with a rise of demand for hygiene and health care products such as masks, disinfectant, sanitizers etc. There has also been a shortage of items of basic food supplies and other consumer goods. In order to keep the businesses running and to make profit amid the times of the pandemic, the traders and businesses have adopted some unfair means such a hoarding of essential items to create a demand in the society and black marketing of the essential products at a high price. Such practices have exploited the consumers. Non-activeness of the consumer forum and redressal agencies has further added to the miseries of the consumers which violatestheir rights.

The right of the safety of majority of the consumer is put at risk at the selfish practice of the black market where a few bad elements are exploiting the situation for their gains and benefit. As people are not able to go out and inspect the product the vulnerability of the people is being exploited by some outletsclaiming to sell products capable of fighting and curing covid-19. In order to mislead the consumers, some agencies have falsely claimed association with the world health organization. There has been an increase in the sale of counterfeit goods andare offering such goods at a very high price which violates the right to basic goods and service of the consumers. The misinformation and rumors regarding the covid-19 are adding tothe violation and exploitation of the consumers as they left with no option but to panic purchase all the goods that are sold in the market. Such products have a tendency to cause harm to the life or health of the consumers. Up to March 4th ,2020, Amazon (a top e-commerce website) claimed to have detached more than one million fake and counterfeit goods claiming false covid-19 cures etc.

Apart from these goods of hygiene and essential services, consumers have also been impacted in the availability of other goods and services such a educational services, other non-essential commodities, bills for which a person qualify as a consumer.

But the covid-19 does not only have a negative impact on the consumers. An article published on First Post, titled ‘COVID-19 impact: Indian consumers exercise greater decision-making in buying, spending after pandemic outbreak’ dated May 27, 2020 states that the change in the consumption behavior along with the increase in the consumer apprehension has resulted in more consumer consciousness. The consumers are now more aware and are acquiring core decision making skill which is very important for a positive consumer protection. Even after restricted interaction between the buyer and seller, the tech savvy generation is empowered to gain information regarding products (quality, purity, specifications) before making such a purchase.  

 

 

EXSISTING CONSUMER LAWS AND ROLE OF JUDICIARY  

 

There are various consumer protection laws designed to protect the consumer and raise awareness regarding the same. In India, many laws deal directly and indirectly with the consumer protection. Consumer protection act 1986 is one such act which lays down provisions for the protection of consumers and set up redressal forum to address grievance. Further The drug (control) act, 1950 which regulate and controls the pricing for drugs by the government, The prevention of Food Adulteration Act 1954 which was established to control and regulate the adulteration of food as it amounts to unfair trade practice, Essential commodities Act 1955 which plays a very important role in relation to Covid-19 as it prevent the hoarding of basic and essential commodities and ensure the sale of commodities at fair prices. In an article published on Economic Times (ET) dated Mar 21, 2020 (7:26 PM IST), it was stated that the ministry of consumer affairs has directed the states to distribute hygiene product such as face masks and hands sanitizers which come under the essential commodities through ration shops at fair price in order to prevent consumer exploitation in the troubling times. The Monopolies and Restrictive Trade Practices Act 1969 is another act dealing with consumer rights and consumer laws.

The Constitution of India in which the ground-norm is also providing some form of protection to the consumer under article 14, article 21 etc.

The judiciary plays a very important role in the protection and safeguarding of consumers from its vast interpretation of the laws. We know that the Covid-19 is a situation of extraordinary nature, therefore it is the duty of Judiciary to adopt new and innovative measure to protect the citizens. The Consumer Protection Act lays down setting up of three tier consumer disputes redressal agencies. They are-

1- District Consumer Redressal forum (district level)- if the value of claim is up to 20 lakhs rupees.
2- State Consumer Dispute Redressal commission (state level)- if the value of claim exceeds 20 lakh and is under one crorerupees.
3- National Consumer Dispute redressal commission (national level)- if the value of claim exceeds one crore rupees.

These forums form the consumer courts and work for the protection of the consumer by listening to the cases of consumers and providing speedy relief for the same. But due to the covid-19, just like obstruction to the rest of the institution, the work of the consumer court has also been affected. There hasbeen delays in hearings and people are not able to take their grievance to the courts in case of violence.

 

CONCLUSION-

The Covid-19 global pandemic has been a troubling time for people from all walks of life. Everything around has been deeply impacted be it the educational, political, social or the economicfacet. No doubt, trade and commerce has been adversely affected however, it does not mean that such a situation should serve as an opportunity for businesses to violate the rights of the consumers by taking up activities such as hoarding or black marketing or selling counterfeit goods or misleading people by fake claim. It is our duty as humans and citizens to not misuse such calamity for personal gains and cause harm not just to certain individuals but the society as whole. Further, the court must play an active role as the backbone in the protection of people by adopting novel and unique methods to ensure speedy trails and justice to the aggrieved consumer. It will not be wrong to conclude on a positive note by highlighting the examples of the State Consumer Dispute Redressal Commission and two district consumer forums who have decided to adopt the method of video-conferencing to hear cases in Chandigarh. Adoption of such innovative and positive ideas has become the need of the hour.       

 

 

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International Dimensions of Consumer Law and Policy https://legaldesire.com/international-dimensions-of-consumer-law-and-policy/ https://legaldesire.com/international-dimensions-of-consumer-law-and-policy/#respond Sat, 08 Aug 2020 06:52:33 +0000 https://legaldesire.com/?p=43296   The interest of the producer ought to be attended to, only so far as it may be necessary for promoting that of the consumer – Adam Smith INTRODUCTION   The term consumerism was first used in the 1960’s by a businessman, which if looked at from economics perspective has a different meaning altogether, it […]

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The interest of the producer ought to be attended to, only so far as it may be necessary for promoting that of the consumer – Adam Smith

INTRODUCTION

 

The term consumerism was first used in the 1960’s by a businessman, which if looked at from economics perspective has a different meaning altogether, it means the satisfaction attained by a consumer after increased consumption of goods. However, when used in the light of consumer protection, it implies a force that is built to protect the rights of the consumers, it could be in the form of a consumer movement or it could be making the consumers aware of their rights. Now, some others say that it means the different sets of activities undertaken by the government, businesses, and organizations to protect the interests of the consumers.[1]

 

In recent times, there has been a steep rise in e-commerce activities, wherein the consumers have shown a preference towards online shopping, be it through a national platform (PharmEasy) or an international platform (Amazon), over the traditional brick and mortar stores. Who would not prefer the comfort of shopping from the cozy corners of their house? However, the national law governing consumer protection is not sufficient to cover all the aspects of such internationalization of consumer habits and to cater to the same an international framework is needed.

 

Due to globalization, the possibility of misleading the consumers has also sharply increased. For instance, the Facebook – Cambridge Analytica case, wherein the data of thousands of users was compromised. The principle of Caveat Emptor plays a very important role while understanding consumer protection laws. However, how is this principle to be applied in case of an online transaction, wherein, the buyer cannot possibly check the quality of the product he/she is purchasing or see if the product is original or not. Moreover, the need for having an international framework and co-operation by governments has also been emphasized by the UN Secretary General in 1980 as the measures at the national level are not sufficient for consumer protection in recent times.[2]

 

DOMESTIC FRAMEWORK

 

·      Constitutional provisions

 

Though not directly, the Indian Constitution under article 19(1)(g) provides for freedom of trade and business. However, this freedom is not absolute and can be restrained under Article 19(6), if the same is necessary for the interests of the general public. For instance, the Ministry of Health and Family Welfare (Department of Health) issued a notification dated 30th April, 1992 prohibiting the use of tobacco in toothpastes or tooth powders. The Hon’ble Supreme Court in the case of Laxmikant v. Union of India[3] upheld the notification on the ground that the use of tobacco has major health effects and hence, it is necessary for protecting the interests of the public and was well within Article 19(6).

 

Thus, the freedom of trade and business can be curbed in the interests of the general public and the same is relevant while preparing regulations for the operation of a business or carrying out trade and through this, the government can lay down any criteria or provisions for consumer protection, till the extent of the criteria or the provision falling within the ambit of Article 19(6). For instance, the need for licenses and permits for carrying out certain businesses, it can be said that the same has been provided for in order to protect the interests of the consumers. However, the restrictions have to be reasonable.

 

Furthermore, Article 21 of the Indian Constitution which is the most important fundamental right, guarantees the right to life, free from all forms of exploitation. The directive principles also ensure a constitutional mandate for protecting the rights of the consumers.[4]

 

Article 47 of the Indian Constitution provides that the State should take measures to raise the level of nutrition and improve the standard of living and it shall make efforts to prohibit the use of drugs and intoxicating drinks that has a harmful effect on the health of the people.

 

·      Other Legislations

 

The Consumer Protection Act, 1986 (“CPA, 1986”) protected the interests of the consumers in India, which will now be replaced by the Consumer Protection Act, 2019 (“CPA, 2019”). CPA, 2019 was passed by the Parliament on 6th August, 2019 and received the President’s assent on 9th August, 2019, after which it was published in the Official Gazette. The CPA, 2019 has been notified by the Central Government w.e.f. from 20th July, 2020, however, the definition of e-commerce is yet to be notified.[5]

 

CPA, 2019 defines e-commerce to mean the buying and selling of goods through an online platform. However, it is not sure if this definition also includes transactions taken place offshore.[6] On the other hand, the Consumer Protection (E-Commerce)Rules, 2020 (“Rules”) (yet to be notified) states that these rules shall also be applicable to an e-commerce entity which is not established in India but offers goods or services to consumers in India. Thus, this disparity between the CPA, 2019 and the Rules needs to be resolved.

 

There are several issues pertaining to cross-border transactions that need to be answered and the same has a significant impact on consumer rights. For instance, in case of an online fraud, who would have the jurisdiction to hear the matter, how to resolve the payment fraud, the remedies available in case of delivery of substantial products, and so on.

 

There is no direct remedy available to a consumer indulging in a cross-border transaction. One may argue that the consumer could take recourse of Information Technology Act, 2000 (“ITA”), however, the same does not specifically deal with the rights of consumers as it mainly covers aspects regarding digital signature, document authentication that is in electronic form or recognition of electronic records and so on, which are relevant when we talk about a commercial or a business transaction.[7]

 

The number of complaints received by the National Consumer Helpline regarding e-fraud is shocking. There has been a whooping rise of 475% within a span of 3 years. The number of complaints received in the Financial Year (“FY”)  August 2016- March 17, beginning from August, were 977 and in the FY April 2019 – November, 2019 there were 5620 complaints. Thus, one can see the importance of e-commerce and the number of frauds taking place with no concrete dispute redressal mechanism in place.[8] The ITA, under Section 1(2), provides that the act is also applicable to contravention committed outside India. However, there is nothing that has been specifically provided for cases of online frauds, whether committed in India or outside India.

 

INTERNATIONAL FRAMEWORK

 

Consumer protection has attained a new international dimension due to the development of technology and an increase in cross-border trade and hence there is an urgent need to put in place inter-governmental co-operation to ensure smooth resolution of disputes. For instance, Amazon delivers its products to several jurisdictions (fun fact, Amazon sells an average of $17 million per hour[9]), including India and with such internalization of e-commerce, it is pertinent to have a strong international framework in order to protect the rights of the consumers. International consumer law is a relatively new area in the legal discipline and the two main purposes that it intends to achieve are (1) uniformity in minimum standards for consumer protection and (2) eradication of cross-border trade barriers.[10]

 

·      UN Guidelines for Consumer Protection

 

The first step towards the internalization of consumer protection law was taken in the year 1885 by the introduction of the UN Guidelines for Consumer Protection (“Guidelines”) and this year marks completion of 35 years of these Guidelines. In order to keep up with the changing trends, these Guidelines were revised in the years 1999 and 2015. The 2015 revision makes provision for new aspects, inter alia, good business practices, e-commerce, and dispute resolution.

 

The main drawback of these Guidelines, just like any other international instrument, is that they are soft law and hence, are not binding on the Member States. The same can be noted in the objective of these Guidelines which states that it aims at assisting the Member States in the formulation of national law and policy regarding consumer protection. Further, throughout the Guidelines it has been mentioned that the “Members should” undertake the mentioned steps, thus, implying that it is not mandatory for the Member States to inculcate the provisions of these Guidelines in their domestic law.

 

However, one cannot simply neglect the positive impact of these Guidelines, despite their non-binding nature. For instance, Uruguay reviewed its consumer legislation keeping the Guidelines as their referring point, National Consumer Protection Board was established in Ecuador and these Guidelines have also been used by various consumer protection bodies to bring about a change in their legislations.[11]

 

·      Other Measures

 

Apart from the Guidelines, various other organizations have played an important role in consumer protection at an international level. These include United Nations Conference for Trade and Development (“UNCTAD”), World Intellectual Property Organization (“WIPO”), World Health Organization (“WHO”), Food and Agricultural Organization (“FAO”), International Labour Organization (“ILO”) and so on.[12]

 

It is pertinent to note the contribution of the Organization for Economic Co-operation and Development (“OECD”), which has established a Committee on Consumer Policy that addresses a broad range of consumer issues by conducting research and making policy development reports. For instance, in the year 2016, the Committee submitted a detailed report on “Consumer Protection in E-Commerce”. UNCTAD has also played an active role in the international regime and assists various developing countries. It recently came up with a Manual on Consumer Protection, in order to provide a detailed guide on the subject.

 

International Consumer Protection and Enforcement Network (“ICPEN”), as the name suggests, is a global network comprising of more than 60 countries. The ICPEN has launched a website, i.e. www.econsumer.gov, wherein the consumers can submit their complaints in case of cross border disputes.

 

CONCLUSION

 

Despite the efforts of the various international organizations to internationalize the consumer protection law, the drawback of the same being non-binding still exists and hence, is a major issue in implementing the same. Ensuring the efficacy of consumer protection law is significantly important as at the end of the day everyone is a consumer and thus our rights as a consumer are affected. The issue regarding solving cross-border disputes is majorly affected due to various factors involved such as jurisdiction and the applicable law. Even though our national legislation does not talk about cross-border disputes, looking at the recent developments, the same should be incorporated soon.

 

 


[1] Manish kumar Goga, Consumerism: Conceptual Consideration, Consumer Protection Law in India, http://www.legalservicesindia.com/article/1739/Consumer-Protection-Law-In-India.html

[2] Growth of Consumer Movement at International Level, Evolution and Development of Consumer Law: National and International Perspective , https://shodhganga.inflibnet.ac.in/bitstream/10603/163911/6/06_chapter%202.pdf

[3] 3 SCR 861 (1997).

[4] Right to Life, Consumer Protection and Directive Principles: Relations, Constitutional and Legislative Framework of Consumer Protection Law in India (other than Consumer Protection Act), https://shodhganga.inflibnet.ac.in/bitstream/10603/163911/7/07_chapter%203.pdf

[5] https://consumeraffairs.nic.in/sites/default/files/Act%20into%20force.pdf

[6] Rahul Rishi et al., Salient Features of CPA 2019, New Consumer Protection Law in India: Broadening the Horizon (Aug. 27, 2019), http://www.nishithdesai.com/information/research-and-articles/nda-hotline/nda-hotline-single-view/article/new-consumer-protection-law-in-india-broadening-the-horizon.html?no_cache=1&cHash=761270d01627de9ff2d1e43c52c5c21b

[7] Kanika Satyan, Information Technology Act, 2000, E-Commerce and Consumer Rights: Applicability of Consumer Protection Laws in Online Transactions in India, https://poseidon01.ssrn.com/delivery.php?ID=895008008009095092026067123000022119019084025012059023087064115099073114105031013070117058032027051013021108080101098125091125008090090084081027106082081127069013027090081086117122110117015065071086099026029098030023118013115065003079030087073084121024&EXT=pdf

[8] Fraud by E-commerce Companies (Dec. 11, 2019), https://pib.gov.in/Pressreleaseshare.aspx?PRID=1595849

[9] Matt, 20 Eye Opening Amazon Statistics and Facts for 2020 (March 10, 2020), https://10under100.com/amazon-statistics-facts/

[10] M. Durovic, The Two Principle Functions of International Consumer Law, International Consumer Law: What is it all about? (Dec. 21, 2019), https://link.springer.com/article/10.1007/s10603-019-09438-9#citeas

[11] David Harland, Some examples of action taken to put the Guidelines to practical use, Implementing the Principles of the United Nations Guidelines for Consumer Protection, http://14.139.60.114:8080/jspui/bitstream/123456789/17362/1/005_Implementing%20the%20Principles%20of%20the%20United%20Nations%20Guidelines%20for%20Consumer%20Protection%20%28189-245%29.pdf

[12] The activities of international organizations in the area of consumer protection, UN Guidelines on Consumer Protection and their implementation in different countries, https://shodhganga.inflibnet.ac.in/bitstream/10603/66778/11/11_chapter%204.pdf

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How to file a Consumer Complaint? https://legaldesire.com/how-to-file-a-consumer-complaint/ https://legaldesire.com/how-to-file-a-consumer-complaint/#respond Thu, 05 May 2016 11:54:05 +0000 http://legaldesire.com/?p=5805 We are all consumers of goods and services in one way or the other. The moment we take birth on this earth we become consumers and are entitled to seek relief under the Consumer Protection Act. These days we see that consumers are cheated and harassed in many ways. At times they are provided with […]

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We are all consumers of goods and services in one way or the other. The moment we take birth on this earth we become consumers and are entitled to seek relief under the Consumer Protection Act. These days we see that consumers are cheated and harassed in many ways. At times they are provided with inferior quality of goods, at times with less quantity than actually demanded whereas at other times the consumer is charged with excess prices than otherwise fixed for the commodity. The traders considers consumers as persons who are morons having paying capacity and can try to deceive them in every possible way. Therefore there was a strong need felt to protect the consumers.

Some laws which protect the consumers to some extent which are listed as follows:

  • The Indian Contract Act, 1872
  • Sale of Goods Act, 1936
  • The Food Safety and Standards Act, 2006
  • Standards of Weights and Measures Act, 1976
  • The Dangerous Drugs Act, 1952
  • The Agricultural Produce ( Grading and Making) Act, 1937
  • The Indian Standards Institution (Certification Mark) Act , 1952

But these laws involve the filing of a civil suit which is very expensive and time consuming and takes years in final disposal of the case. So a need was felt that a Special Act should be enacted for Consumers which will provide speedy and simple access to justice for the Consumers. The legislature did not want the technicalities of law to be involved in an act which provides relief to the Consumers. Therefore Consumer Protection Act, 1986 was passed keeping in view the need to protect Consumers.

WHO CAN FILE A CONSUMER COMPLAINT?

 Only a “CONSUMER” can file a complaint under the Act.

 WHO IS A CONSUMER?

A person has to satisfy the following conditions in order to be a CONSUMER:-

  • The person must have purchased goods for some value i.e. he must have paid money
  • A person who has not himself purchased the goods but who uses the goods with the approval of the buyer is also a consumer
  • A person must not have bought goods for resale or commercial purpose. But a person buying goods for self employment is a consumer.

WHO FILE A CONSUMER COMPLAINT IN INDIA

The Consumer Protection Act itself provides a list of persons who can file a complaint under the Act which is described hereunder-

  1. Firstly a Consumer
  2. Secondly, Any voluntary Association Registered under the Companies Act, 1956, or under any other law for the time being in force
  3. Thirdly the Central government or the State Government
  4. Fourthly one or more consumers, where there are numerous Consumers having the same interest.

Besides the above list the following can also FILE A CONSUMER COMPLAINT:

  1. Any person who is a beneficiary of the goods/services
  2. Legal representatives of deceased consumers
  3. Legal hers of the deceased consumer
  4. Husband of the consumer
  5. Relative of the consumer

HOW TO FILE A CONSUMER COMPLIANT

 Before formally filing a Consumer Complaint, it is desired that the Consumer gives notice to the opposite party of the fact of any deficiency in service or of unfair trade practice etc to see if the trader is willing to make good the loss suffered by either replacing the commodity or returning the value of the purchase. If yes, the issue resolves then and there. But if the trader refuses or neglects here that the consumers needs to approach the Consumer Court. 

STEP 1:

At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.

The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind before filing his complaint and has to choose the correct forum.

Territorial Jurisdiction of the Consumer Forums:-

A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—

  1. a)    the opposite party resides or caries on business or has a branch office or personally works for gain, or
  2. b)      If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,

Provided that in such case the permission of either District Forum, State Commission or National Commission as the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch office or personally works for gain as the case may be, must be obtained , or

  1. c)    The cause of action arose.

PECUNIARY JURISDICTION OF CONSUMER FORUMS

Sr No. Forums Amount
1 District Forum Upto Rs. 20 Lakhs
2 State Commission Rs. 20 Lakhs to Rs. 1 Crores
3 National Commission Exceeding Rs. 1 Crores

Step 2:

You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.

Step 3:

Then you have to draft your complaint stating facts necessary to establish a cause of action.

Step 4:

At the end of the complaint you have to put your signatures. In case any other person is authorized to file the complaint then complaint has to be accompanied with authorization letter.

Step 5:

Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

Step 6:

Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.

Step 7:

You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.

Step 8:

Explain in your complaint as to how the case falls within the jurisdiction of this forum.

Step 9:

Complaint must clearly state as to what relief is sought against the opposite party.

Step 10:

The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.

Step 11:

You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.

Step 12:

The complainant can present the complaint in person or by his/her authorized representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.

CONCLUSION

Consumer needs to be more aware of the malpractices followed by the trader and should stand up for their rights. With this article, an endeavour is made to educate the consumers to file their complaints and of taking action against the unscrupulous traders who thinks that consumers can do nothing if any wrong is caused to them. Let us be all Vigilant of the quality and quantity of goods supplied to us by the traders.

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