consumer rights

Consumer Protection Act

Definition of Consumer under the Act:

A person who buys any goods or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment is a Consumer.

Note:

A person who obtains such goods for resale or for any commercial purposes will not be a consumer. However, if such goods are bought by a person exclusively for the purpose of earning his livelihood by means of self-employment then such a person will be considered as a consumer.

What are the activities carried out by the Government of Tamil Nadu Civil Supplies and Consumer Protection Department towards Consumer Education?

·                        Operating a State level Consumer Information Centre

·                        Conducting Consumer Education programmes through AIR, TV and pint media

·                        Spreading awareness among children through formation and promotion of consumer clubs in Educational Institutions

·                        Regular conducting of seminars, workshops and interactions with Voluntary Consumer Organisations, Service providers stake holders on consumer issues

·                        Legal intervention on behalf of consumers in important issues to protect their interests as contemplated under Consumer Protection Act, 1986

·                        Quality testing of product and services to assess and to initiate remedial measures for any unfair trade practices and issue alerts

·                        Sustainable consumption campaign amongst all segments of the public

What are the functions of the Consumer Clubs in schools / colleges?

Consumer Clubs have to be activated through some structured activities. Active Consumer Clubs may go beyond this and also take up innovative activities. The following basic structure of functioning is recommended:

·                        Monthly meetings and demonstrations for one hour after school hours on the First Thursday of each month. Each month a topic / activity may be scheduled as in the model calender.

·                        Days of National and International importance to consumers may be celebrated in the School / College. Poster / Speech / Essay competitions can be organised at school level by the Consumer Club.

·                        Field visits to local markets / Consumer Courts and door to door campaign in the local community etc., may be organized for atleast 4 days in a year. It can be done on Saturdays by prior arrangement.

·                        Minutes of each activity have to be recorded by the Student and Teacher Co-ordinator jointly to document.

·                        A Consumer Club notice board shall be opened to be updated daily by the teach and students with consumer related news.

What are the steps to be taken by the consumers against defectiveness?

On noticing the defectiveness of the commodity / service provided the consumer has to approach the concerned Commercial / Government organisation requesting for rectification / change of commodity / return back of money, in writing. (with acknowledgement) If the concerned organisation failed to take appropriate action, the District Collector shall legally initiate action.

Who can make complaint?

·                        A consumer as defined under Consumer Protection Act, 1986

·                        A registered Voluntary Consumer Association

·                        Central Government

·                        State Government / Union Territory

·                        one or more consumers representing numerous consumers having the same interest.

When the complaints can be made?

A complaint may be made in writing under the following circumstances:

·                        Loss or damage is caused to the consumer due to unfair trade practice of a trader.

·                        If the article purchased by a consumer is defective.

·                        If the services availed of by a consumer suffer from any deficiency.

·                        When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force.

·                        Goods, which will be hazardous to life and safety, when used are being offered for sale to the public in contravention of the provisions of any law.

What is District Consumer Protection Council?

District Consumer Protection Council is the council constituted under Consumer Protection Act, 1986 for each district. District Collector acts as its Chairman, District Supply and Consumer Protection Officer as Member-Secretary, and all the M.P.s, M.L.A.s and officials of all Government Departments having Consumer interface of the Concerned District as members along with the VCOs functioning in the District. This Council shall meet twice in a year as per Consumer Protection Act, 1986.

Representations given by the VCOs during the meetings.

Where complaints can be registered?

District Consumer Protection Council	Action will be initiated legally through the Department concerned on the petitions regarding the defects filed before this Council which function under the chairmanship of the District Collector
Price of the commodity or value of the services and value of compensation claimed
District Consumer Forum	for a claim of Compensation upto Rs.20 lakhs
State Commission	for a claim of Compensation above Rs.20 lakhs and upto to Rs.1 crore
National Commission	for a claim of Compensation above Rs.1 crore

How to register the complaints?

·                        Complaint can be registered within 2 years from the date on which the cause of action has arisen.

·                        Stamp paper is not required for declaration

·                        .Complaint can be registered, in person, by the complainant or through his  authorised agent or by post addressed to the Redressal Agency.

·                        Lawyers are not necessary.

What are the particulars that should be furnished along with the complaint?

The complaint should contain the following particulars: 

·                        The name and complete address of the complainant

·                        The name and complete address of the opposite party/parties

·                        Date of purchase goods or services availed

·                        Amount paid for the above purpose

·                        Particulars of goods purchases with numbers or details of services availed

·                        The details of complaint, whether it is against Unfair Trade Practice / supply of defective goods / deficiency in service provided / collection of excess price, should explicitly be mentioned in the complaint petition.

·                        Bills / receipts and copies of connected correspondence, if any,

·                        The relief sought for under this Act.

What are the relief provided under the Act:

The District Forum / State Commission can order the following reliefs:

·                        To remove the defects in the goods pointed out.

·                        To replace the goods.

·                        To return to the complainant the price of the goods

·                        To pay such amount of compensation for the loss or injury suffered by the consumer.

·                        To remove the defects or deficiency in the services

·                        To discontinue the unfair trade practice or not to repeat it

·                        To withdraw the hazardous goods from being offered for sale

·                        To provide the cost of expenditure incurred by the complainant

What is the appeal provision?

·                        Aggrieved by the orders issued by the District Consumer Redressal Forum appeal petition may be filed before State Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders

·                        Aggrieved by the orders issued by the State Consumer Dispute Redressal Commission appeal petition may be filed before National Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders.

·                        Aggrieved by the orders issued by the National Consumer Dispute Redressal Commission appeal petition may be filed before Supreme Court of India within 30 days from the date of receipt of orders

·                        No fee is charged for registering an appeal petition before State / National Consumer Dispute Redressal Commissions.

·                        The appeal petition has to be filed with the grounds for appeal with copies of orders of the lower redressal agencies and registering procedures are same as is being done in the case of registering complaint.

What are the Rights of Consumers as stipulated under Consumer Protection Act 1986.

Consumer is having the rights as indicated below: 

1. Right to Safety

2. Right to be Informed

3. Right to Choose

4. Right to be heard

5. Right to seek Redressal

6. Right to Consumer Education

Based on the amendments to the UN guidelines, more rights have emerged

7. Right to Basic needs

8. Right to a health environment