Jaago Grahak Jaago

Declaration: In continuation of my previous post on the Counterfeit Halocast.

Yes this is the punch line the govt of India is using to awaken us- the consumers of India. Since we all know the mal-practices manufacturers and sellers have been pursuing in regard of making money without considering the ill effects of those on the consumers.

This is more importantly due to the fact that the consumers are unaware of their rights.

Nevertheless, it is never too late to be informed.

The consumer protection act 1986 is a step that has been brought into force by the govt of india in order to as the name suggests, protect the consumers.

It defines CPA as- An Act 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 consumers' disputes and for matters connected therewith.

The rights of the consumers underlined under this act are:

1. Right to Safety: The right to be protected against goods which are hazardous to life and property.

2. Right to Information: The right to be informed about the quality, quantity, purity, price and standards of goods.

3. Right to Choose: The right to be assured access to a variety of products at competitive prices, without any pressure to impose a sale, i.e., freedom of choice.

4. Right to be Heard: The right to be heard and assured that consumer interests will receive due consideration at appropriate forums.

5. Right to Seek Redressal: The right to get relief against unfair trade practice or exploitation.

6. Right to Education: The right to be educated about rights of a consumer.

Not just these, but the consumer can bargain on the MRP of any product as it is inclusive of the profit margin of the retailer.

Also, there are different redressal forums where the consumers can appeal if they feel cheated.

District Forum—

The District Forum has the jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.

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

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

State Commission —

The State Commission has the jurisdiction—

(a) to entertain—

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and

(ii) appeals against the orders of any District Forum within the State; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,—

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally work for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

National Commission—

National Commission shall have jurisdiction—

(a) to entertain—

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees
one crore; and

(ii) appeals against the orders of any State Commission; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

Besides this, National Consumer Helpline is here to help. Feeling cheated with any product or service? Underweight?

Overpriced? Delivery, not as on promised date or not up to your satisfaction? Contact us, and we'll tell you what to do.

- As advertised in TOI dated 12th April 2008, Page 23

Just Call: 1800-11-4000 (Toll free from MTNL\BSNL lines)

011-27662955-58 (Other user, normal call charge applicable)