Jul 24, 2009 08:13 PM
4615 Views
As consumers, we buy various products and services and many times are dissatisfied with the product/service we get. But we don't do anything thinking, 'What's the use? No one will listen'. But there is a powerful weapon available for consumers and that's COPRA. Not a coconut product, but the Consumer Protection Act, 1986.
This act is one of the most empowering acts of the Govt. of India and is a powerful tool that can be used by consumers to bring errant traders/service providers to book.
Grounds for filing a complaint
You can file a complaint for any of the following reasons:
a) Defect(s) in the product purchased
b) Deficiency in the service provided
c) Charging excess price than the MRP or a legally fixed limit
d) If the product/service affects health/safety
e) An unfair trade practice by the vendor
Where to file a complaint
a) If the complaint value is less than five lakhs, you can file a complaint at the District Consumer Forum for your city/area
b) If the complaint value is between five to twenty lakhs, you can file a complaint at the State Consumer Forum
c) If the complaint value is more than twenty lakhs, you can file a complaint at the National Consumer Forum, New Delhi
How to file a complaint
1) The first step is to serve a notice to the vendor/trader pointing out the nature of the complaint and asking him to rectify deficiencies/provide compensation, your notice must set a reasonable deadline for the party to act (The notice by itself will work in more than 95% of the cases and ensures that the vendor wakes up and responds to you. Please read this post https://mouthshut.com/diary/jhagotpmo/Notice-to-party-before-filing-a-consumer-forum-complaint to know how to send a notice)
2) If there is no response to the notice/response is not satisfactory, you can then file a complaint before the appropriate forum. You need not even file the complaint in person, you can send it by post and there is no fee to be paid and no stamp paper required
3) Complaint should be filed within 2 years from the date on which the cause of the complaint occurred.
4) Make sure you have the bill with you. Without the bill, your complaint is liable to be rejected
5) Make sure all correspondence between you and the opposite party and all supporting documents (like warrant/brochure, etc) are available
6) You don't need a lawyer to fight the case, you can present the case before the forum yourself. There are a large number of consumer helplines like which will assist you in fighting your case
7) Govt of India has a National Consumer Helpline 1800-11-4000 for your help, make use of it and also visit https://consumerhelpline.in
8) The case may take some time, but usually cases are decided in favour of the consumer (if the complaint is genuine and you have the bill)
9) You can ask for product to be replaced or refund and/or compensation. Once the final order is passed, the party is obliged to implement the same.
So, Jago Grahak Jago. Know your rights as a consumer and fight for your rights. Don't allow unscrupulous parties to cheat you!
