Indispensable Rights of the Consumers
We need a
variety of things in our daily lives such as cell phones, digital cameras,
soaps, perfumes, cosmetics and many more things. Thus, all of us are consumers
in the literal sense of the term. When we buy things from the market as a
consumer, we expect value for money, i.e., right quality, right quantity, right
price, information about the mode of use, etc. But there may be instances
where a consumer is cheated.
In such a
case, most of us don’t know to whom we should approach to seek redressal
against our complaints. Many of us also don't know our rights as a consumer and
often hesitate to complaint or even stand up to unfair practices. We also don't
have recourse to costly litigation to seek justice and we continue to bear such
injustice. It is here that consumer forums exist which can help you seek
justice against unfair practices without incurring exorbitant litigation costs.
The below article provides basic information of what is Consumer Protection
Act, 1986,( as amended up to Consumer Protection ( Amendment ) Act, 2002
advantages for consumers, fundamental rights of the consumers and consumer
redressal forums among other things.
Consumer Protection Act, 1986(as amended up to
the Consumer Protection ( Amendment) Act 2002
The Consumer
Protection Act, 1986 was enacted to provide a simpler and quicker access to
redress of consumer grievances. The Act seeks to promote and protects the
interest of consumers against deficiencies and defects in goods or services. It
also seeks to secure the rights of a consumer against unfair trade practices,
which may be practiced by manufacturers and traders.
The set-up
of consumer forum is engaged to provide relief to both parties, and discourage
long litigation. In a process called officials mediation between the two
parties and advise compromise. The Act applies to all goods and services unless
specifically exempted by the Central Government. It covers all the sectors
whether
private,
public or cooperative.
This Act has
provided machinery whereby consumers can file their complaints which will be
heard by the consumer forums with special powers so that action can be taken
against erring suppliers and the possible compensation may be awarded to
consumer for the hardships he has undergone.
The consumer
under this law is not required to deposit huge court fees, which earlier used
to discourage consumers from approaching the courts. The rigorous of court
procedures have been replaced with simple procedures as compared to the normal
courts,
which help in quicker redressal of grievances. The provisions of the Act are
compensatory in nature.
Medical
Services and Consumer Protection Act
Service rendered to a patient by a
medical practitioner (except where the doctor renders service free of charge to
every patient or under a contract of personal service), by way of consultation,
diagnosis and treatment, both medicinal and surgical, would fall within the
ambit of 'service' as defined in Section 2(1) (o) of the Act. The fact that medical practitioners belong to
the medical profession and are subject to the disciplinary control of the
Medical Council of India and/or State Medical Councils constituted under the
provisions of the Indian Medical Council Act would not exclude the services
rendered by them from the ambit of the Act.
Please
remember, consumer courts provide redress only in cases of products or services
for personal use, defects in products used
for
commercial purposes are not entertained.
Fundamental
rights of consumers include:
1. Right to be protected
against marketing of goods and services which are hazardous to life and
property.
2. Right to be informed about
the quality, quantity, standard and price of goods or services so as to protect
the consumer against unfair trade practices.
3. Right to be assured,
wherever possible, access to variety of goods and services at competitive
prices.
4. Right to be heard and to
be assured that consumers interests will receive due consideration at
appropriate forums.
5. Right to seek redressal
against unfair trade practices.
6. Right to consumer
education
Consumer
forum and Its Jurisdiction
Under the
Consumer Protection Act, every district has at least one consumer redressal
forum also called a consumer court. Here, consumers can get their grievances
heard. Above the district forums are the state commissions. At the top is the
National Consumer Disputes Redressal Commission in New Delhi.
Jurisdiction
of District Consumer Forums: Upto 20 Lacs
Jurisdiction
of State Commission: Exceeding 20 Lacs and Upto 1 Crore
Jurisdiction
of National Commission: Exceeding and Equal to 1 Crore
Limitation to file Consumer complaints
The
limitation of filing the complaint is two years from the date of cause of
action. In case of Appeal against the order of the district court before
the State Commission which is 30 days only. An appeal can be made before the
National Commission against the order of the state commission within 30 days of
the order or within such time as the National Commission allows. An appeal can
be made with the Supreme Court against the order of the National Commission
within 30 days of the order or within such time as the Supreme Court allows
Consequences. The consumer courts (district court, state commission and
National Commission) are given vast powers to enforce their orders. If
a defaulter does not appear in court despite notices and reminders, the
court may decide the matter in his absence. They can use the police and
revenue departments to enforce orders in certain cases.
Conclusion
It is
necessary that the rights of consumers to be protected because they avail
services given by the service providers on trust and faith and thus it’s a
requirement to keep a check on the service providers for the sake of service
recipient.
Vineeta
Bansal & Mohit Popli
Advocates
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