Consumer Rights and How to Complain in Consumer Forum?

March 15^th   WORLD CONSUMERS’ DAY

Fixed up with the tour operator to go to a marriage function; if the tour operator fails to make available the bus in time…

Paid the specified fee and registered your name in the marriage bureau web site; if the agency is non-responsive for a long time…

Purchased a new pair of chappals; the right-leg chappal is bigger than the left-leg chappal…

Such of these incidents seem to be simple, but they leave behind a lot of financial loss and inexpressible mental agony to you…

Then what is the way out for us?

As consumers, routinely we go in for purchase of goods and services. We pay for them, but could not get the desired guarantee for their publicised quality. Sometimes, we may get irked and even have to face some severe problems. Definitely, we cannot keep quite if we happen to face such situations repeatedly.

Then what is the alternative for us?

What rights do we have as consumers and what actions need to be taken to enforce them?

Ms. M.Srisha, Senior Member, In-charge President, Andhra Pradesh State Consumers’ Forum, Hyderabad has clarified in simple terms.

Consumer Protection Act guarantees some rights to the consumers. They are:

Right to protection: Right to protect life and property from hazardous goods and services.

Right to information: Right to know about the quality, quantity, practical utility, purity, weight and price of the commodity before we purchase it.

Right to selection: Facilitate to scan the ranges of items, compare their prices and then only purchase. Consumer should not be pressurised.

Right to represent: To represent in the relevant consumer forums commensurate with the concern and need of the consumer.

Compensation: Right to get compensation through the Forum when the consumer gets cheated.

Consumer education: Right to update the knowledge relating to the goods and services and to know about the consumer rights.

Circumstances …

Consumer Protection Act 1996 extensively protects the consumers’ rights. Even Lawyers’ and Doctors’ services also are brought under this Act. This Act provides for compensation for the deficiency in the quality of goods and services and for causing loss to the consumer.

Let us know the circumstances in which we can approach the Consumer Forum…

When deficient in quality and contaminated goods are sold.

When expired and inferior quality medicines are sold or charged more than the maximum retail price.

Deficiency in service of private medical practitioners, resulting in loss or damage to you.

When a Government Hospital collects user charges, it comes under the provisions of the Consumer Protection Act.

When the quality of Banks’ services is found to be inferior, when they charge for such services.

When Life and General Insurance companies create problems in settlement of claims.

When farmers incur loss due to inferior qualityof seeds and fertilisers.

Deficiency in the services extended by Railway, Airlines, Electricity Board, Banks, Insurance companies and Chit Fund companies.

To get compensation for loss of life to formers due to live electrical wires.

When builders do not hand over the flats in time, when they do not provide the agreed facilities, when they do not fulfil the conditions for development agreed upon with the land owners.

These are only a few examples of deficiency in services or quality of goods. In case you encounter such experience; you can approach the relevant Consumer Forum/Commission.

Where to complain?

Right from District level up to National level, there are different tiers of Forums / Commissions. You can approach one of them depending on the description of the goods and services, their values and the compensation you claim.

Consumer Forum Complaint Expenses are nominal In case the Consumer approaches the court, court fee is also very low
Compensation for  the value of the goods	Fee to be paid
District Forum
Less than one lakh	Rs.100
From one lakh to less than 5 lakhs	Rs.200
From 5 lakhs to less than 10 lakhs	Rs.400
10 lakhs and above	Rs.500
State Commission
From 20 lakhs to less than 50 lakhs	Rs.2000
From 50 lakhs to less than 1 crore	Rs.4000
National Commission
One crore and above	Rs.5000
These fees can be paid through Bank DD or Postal Order, the DD/Postal Order to be drawn in case of District Forum in the name of President of District Forum; Registrar of State Commission in case of State Commission; Registrar of National Commission in case of National Commission.

You can re-appeal …

If you are not satisfied with the lower court judgement, you can appeal to the higher court within 30 days and the fee for such appeals would be Rs.25000, if appealed to the State Commission;  Rs.35000, if appealed to National Commission;  (or) half of the amount of compensation the lower court has awarded, whichever is less.

What is the procedure to complain in Consumer Forum or Court?

When a problem is detected, first you have to contact the shop where you have bought it; then, if no solution is forthcoming, contact the dealer; and if still it persists, contact the distributor and if still it is not solved, then approach the relevant Consumer Forum or Commission.

Your complaint should be simple and unambiguous. In case of consumer goods, details like brand, model, batch/serial numbers, manufactured date, expiry date, Price paid, manufacturer’s name, address and other connected details are to be furnished. In case of financial services, details of your account, certificate folio numbers, bond numbers and their values, dates of their issue, premium paid, fees paid for revival, the servicing company / institution, their agents, consultants and their addresses are to be furnished. Copies of Bills, cash receipts and the papers relevant to the complaint are to be attached to the complaint.

Complaints against builders should be accompanied by a copy of the agreementwith the details thereof.

Along with the complaint, you need to convey the solution you expect to get. Do you want refund of the amount? Do you wish to get compensation for the inconvenience / distress caused to you? You have to substantiate your expectations with suitable reasons.

Complaint should be filed within two years. Either you or your advocate can represent you in the Court.

Be alert to note…

If the goods are purchased for your business, you are not a consumer. If they are for your own consumption, then only you are a consumer.

Care to be taken by the Consumer when purchasing goods and services

Don’t purchase anything without proper bills, simply because attractive discounts are offered.

Always keep the bills, warranty, guarantee cards in safe place when you purchase costly items

Before purchasing, check-up the manufacturing and expiry dates.

When purchasing seeds, farmers are advised to check-up whether they are properly packed or not. If the seeds are found to be fake or inferior in quality, get confirmed from the Agricultural department and then approach the Forum.

Ensure to get all the papers – case sheet, discharge summary, medical prescriptions, before you get discharged from a hospital, after treatment. Also enquire about the problems those may arise in case of surgeries.

When you wish to invest in a Chit Fund company, ensure that it is authorised.

In case insurance premium are being paid through Banks, periodically check-up whether the premium are being paid on the due dates; if not bring them to their notice.

Don’t admit your children in unrecognised schools. It facilitates you to seek compensation in case you are deceived.

When taking health or life insurance policies, take care to enquire about the details of the exceptions listed out in such policies.