The Consumer Protection Act, 19 is a social law for the public interest. It defines the rights of consumers and provides incentives to protect the rights of consumers. Quasi-judicial mechanisms have been set up at every district, state and national level to provide quick and immediate cost-effective redressal of consumer disputes. It provides a three-tier structure of National Commission, State Commission and District Commission for speedy resolution of consumer disputes.
Under this Act, 13th Consumer Disputes Redressal Commission, Gujarat State was formed and then District Commissions were formed. At present there are 6 district commissions working in the state of Gujarat. Out of these 6 district commissions, 12 work closely with the nearest district commission.
How to file a complaint?
‘Complaint’ means, for the purpose of obtaining any relief provided by or under the Consumer Protection Act, 18, the plaintiff has made any of the following allegations in writing.
Any merchant or service provider has adopted any unfair trade practices or controlled trade practices.
Goods purchased or agreed to be purchased by oneself are one or more defective.
The service rented or received or agreed to be rented or rented is defective in any matter.
The merchant or the person providing the occasional service for the goods mentioned in the complaint or for the service such as.
Determined by or under any law in force at that time
In any packet of goods or as indicated on the goods
Displayed a price list by or under any law in force at that time
The parties have taken a higher price than agreed between the parties.
When given to people for sale, goods that are dangerous to life and safety, –
In violation of any law applicable at the time or under it, any standards relating to the safety of goods that need to be complied with;
The merchant may know with due care if the goods offered in such a way, are unsafe for the people;
When used, the life and safety of the people may be endangered or likely to be endangered by the service provider who may know with due care that such person, life and safety may be endangered.
Who can be called a ‘plaintiff’?
Any voluntary consumer association registered under the Companies Act, 19 (1st of 19) or any other law in force at that time; Or
Central Government or State Government
When there are close customers with an identical interest number, one or more customers;
In case of death of the customer, his legal heir or representative, who has complained.
How to file a complaint?
Government of the District Commission
Subject to the other provisions of this Act, the District Commission shall have the power to lodge a complaint with the District Commission when the value of the goods and services and compensation sought does not exceed Rs. 20 lakhs.
In the District Commission, under whose jurisdiction –
When the opposing party or party is more than one, each of the opposing parties must be living and doing business at the time of filing the complaint or having a branch office or doing personal work for personal gain, within the local limits.
When there is more than one opposing party, any opposing party who is actually and voluntarily at the time of filing the complaint or is running a business or has a branch office or is working for personal gain, must file the complaint within the local limits.
But in either case the District Commission should have given permission or accepted the complaint in such a way that the opposing party does not live or do business or has no branch office or work for personal gain; Or
If the cause of the claim arises in whole or in part, it must be filed within the local area.
Government of the State Commission
Subject to the other provisions of this Act, the State Government shall have the following Government. –
If the value of the goods or services and compensation is sought, to lodge a complaint when its value is not more than twenty lakh rupees, but not more than one crore,
To file appeals against the orders of the District Commission within the State.
Disposal before any District Commission within the State when the State Government feels that such District Commission has exercised a power not vested in it by law or has not exercised the power vested in it in such manner or has acted illegally or committed serious misconduct using its own power. Request a record of any outstanding customer disputes that have arisen or have been resolved and make appropriate orders.
Under whose rule,
Opposing party or if there is more than one, each opposing party, at the time of filing the complaint, is actually and voluntarily living or doing business or personally working for profit or having a branch office;
If there is more than one opposing party, any person of the opposite party, at the time of filing the complaint, is actually and voluntarily living or doing business or has a branch office or is personally for profit, but, with the permission of the State Government or not as the case may be. In the case of a person who does not do business or does not have a branch office or does not work personally for the benefit, such a mandate should be allowed.
Complaints may be lodged with the State Commission within the extent to which, in whole or in part, the cause of the claim has been raised