Consumer Complaint

Consumer Protection Act, 2019- Procedure to File a Consumer Case

calendar20 Apr, 2023
timeReading Time: 5 Minutes
Consumer Protection Act, 2019- Procedure to File a Consumer Case

The Consumer Protection Act, 2019 is a landmark legislation that seeks to protect and promote the rights of consumers in India. The Act provides a comprehensive framework for the redressal of consumer grievances and ensures that consumers are empowered to exercise their rights and seek redressal for any violations of those rights. In this blog, we will explore the key provisions of the Consumer Protection Act, 2019 and the procedure to file a consumer case.

Key Features

The key features of the Consumer Protection Act, 2019:

  • Definition of Consumer: The Act defines a consumer as any person who purchases goods or avails of services for personal use, and not for resale or commercial purposes.
  • Establishment of Central Consumer Protection Authority (CCPA): The Act establishes the CCPA as a regulatory body with the power to investigate and take action against unfair trade practices and false or misleading advertisements.
  • Three-tier Dispute Resolution System: The Act provides for the establishment of three levels of consumer courts, i.e., District Consumer Dispute Redressal Forum, State Consumer Dispute Redressal Commission, and National Consumer Dispute Redressal Commission. The jurisdiction of each court is based on the value of the goods or services in question.
  • Mediation: The Act provides for the establishment of a mediation cell in every consumer court to facilitate the settlement of disputes through mediation.
  • Product Liability: The Act introduces the concept of product liability, which makes manufacturers, service providers, and sellers liable for any harm caused to consumers due to defective products or deficient services.
  • E-commerce: The Act recognizes e-commerce as a separate entity and provides for the regulation of e-commerce transactions to ensure consumer protection.
  • Penalties: The Act provides for stringent penalties for manufacturers and service providers who violate consumer rights, including imprisonment and fines.

Who Can File A Consumer Case?

A consumer case can be filed by any person who falls under the definition of a “consumer” under the Consumer Protection Act, 2019. According to the Act, a consumer is defined as any person who:

  1. Buys or hires any goods for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment.
  2. Uses any goods with the approval of the buyer, and includes a person who is the recipient of any services, whether provided free of charge or under a contract of service or otherwise.
  3. 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 of deferred payment.

Therefore, any person who has purchased goods or hired services for a consideration can file a consumer case if they have a complaint against the seller or service provider regarding the quality, safety, or any other aspect related to the goods or services. However, it is important to note that the complaint must be filed within the stipulated time frame and in accordance with the procedure laid down under the Consumer Protection Act, 2019.

When to File a Consumer Case?

A consumer case can be filed when a consumer feels that their rights have been violated by a seller or a service provider. Here are some situations when a consumer can consider filing a consumer case:

Defective Products:

  • If a consumer purchases a product that is defective or does not meet the promised quality, they can file a consumer case seeking a replacement, refund, or compensation.

Deficient Services:

  • If a consumer avails of a service that is deficient or does not meet the promised standards, they can file a consumer case seeking compensation for any damages or losses suffered as a result of the deficiency.

Unfair Trade Practices:

  • If a consumer feels that they have been a victim of unfair trade practices, such as false advertising, misleading claims, or fraudulent schemes, they can file a consumer case seeking redressal and compensation.

Product Liability:

  • If a consumer is harmed by a defective product, they can file a consumer case against the manufacturer, service provider, or seller, seeking compensation for any injuries or damages caused by the defective product.

Overcharging:

  • If a consumer feels that they have been overcharged for a product or service, they can file a consumer case seeking a refund or compensation.

Procedure to File a Consumer Case

Filing a consumer case can be a daunting task, but following the right procedure can make it easier. Here is a step-by-step guide on how to file a consumer case:

Step 1:

  • Identify the Jurisdiction

The first step in filing a consumer case is to determine the jurisdiction of the consumer court where the complaint needs to be filed. Depending on the value of the goods or services in question, the complaint can be filed with the district, state, or national consumer court.

Step 2:

  • Preparing the Complaint

The next step is to prepare the complaint. The complaint should contain the name and address of the complainant, the name and address of the opposite party, the facts of the case, the relief sought, and the supporting documents, such as invoices, bills, and receipts.

Step 3:

  •  Hiring a Lawyer

It is advisable to hire a lawyer to represent you in the consumer court. A lawyer can help you draft the complaint, understand the legal process, and present your case in court.

Step 4:

  •  Filing the Complaint

The complaint can be filed with the consumer court by the complainant or their authorized representative. The complaint must be accompanied by the required fee, which varies depending on the jurisdiction of the consumer court.

Step 5:

  •  Serving Notice to the Opposite Party

Once the complaint is filed, the consumer court will issue a notice to the opposite party to respond to the complaint. The opposite party is required to respond within a specified period, usually 30 days.

Step 6:

  •  Preparing for the Hearing

After receiving the opposite party’s response, the consumer court will schedule a hearing date. The complainant and the opposite party must appear before the court on the hearing date with their respective lawyers and present their arguments and evidence.

Step 7:

  •  Receiving the Order

After hearing the arguments and evidence presented by both parties, the consumer court will deliver its verdict in the form of an order. The order may grant relief to the complainant, such as compensation or replacement of goods or services, or dismiss the complaint if it lacks merit.

Landmark Case Laws

Maruti Suzuki India Limited v. T. R. Ramesh:

  • In this case, the National Consumer Disputes Redressal Commission (NCDRC) held that a car manufacturer cannot be absolved of its liability for defective products merely because it has outsourced the manufacturing of some of its parts to a third party. The NCDRC held that the car manufacturer is responsible for ensuring the quality of all the parts used in its vehicles, and any defect in the parts would be considered a defect in the car.

HDFC Bank v. Jitendra Nath Gupta:

  • In this case, the Supreme Court of India held that banks cannot unilaterally change the terms and conditions of their contracts with customers without obtaining their explicit consent. The court held that such unilateral changes are unfair and against the principles of natural justice.

Johnson & Johnson Ltd. v. Rakesh Kumar:

  • In this case, the NCDRC held that a manufacturer of medical devices can be held liable for the defective products manufactured by its subsidiaries. The NCDRC held that the parent company is responsible for ensuring the quality of the products manufactured by its subsidiaries, and any defect in the products would be considered a defect in the parent company’s product.

Nestle India Ltd. v. Union of India:

  • In this case, the Supreme Court of India held that a manufacturer cannot sell products that are harmful to the health of consumers, even if the products meet the regulatory standards. The court held that the manufacturer has a duty of care towards the consumers, and any harm caused by the products would be considered a violation of that duty of care.

Amazon Seller Services Pvt. Ltd. v. Amit Kumar Singh:

  • In this case, the NCDRC held that e-commerce platforms such as Amazon can be held liable for the sale of counterfeit products on their platform. The NCDRC held that the e-commerce platform has a duty to ensure that the products sold on its platform are genuine and of good quality.

Conclusion

The Consumer Protection Act, 2019[1] is a significant step towards protecting and promoting consumer rights in India. By providing a comprehensive framework for the redressal of consumer grievances and empowering consumers to seek redressal for any violations of their rights, the Act has strengthened consumer protection in the country. By following the procedure to file a consumer case, consumers can seek justice for any violation of their rights and contribute towards a more equitable and consumer-friendly market.

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