Consumer Protection Act 2019
Recently the consumer forum of Kerala passed a judgement which is the first under consumer Act 2019 where besides the company, the actor endorsing it and the shopkeeper selling the product were all fined.
A person bought a cream claiming that it will grow hair on the bald head within six weeks and it was endorsed by a well known actor also. When after six month nothing happened the consumer filed a case in consumer Forum.
The Forum passed an order awarding monetary compensation to the consumer not only from the company which made the product and gave false, misleading claim besides adopting unfair practice but also fined the well known actor for endorsing the product and the shopkeeper for selling it.
Under the new consumer protection act 2019 which is consumer friendly and allow the person to file complaint anywhere irrespective of where he purchased it online. Some important provisions are..
The Act has focused on enforcing the consumer right with timely and effective administration of consumer dispute
The new act enhances the ambit of consumer law to cover and regulate goods and services including telecom, housing construction and all modes of transaction (online and teleshopping) for consideration but excludes medical disputes due to a Supreme Court judgement.
Product Liability is a new term introduced and under this when a consumer suffers an injury, property damage or death due to a defect in the product or service then he can file a claim for compensation under product liability. The manufacturer, service provider and seller will be held guilty under product liability.
Unfair contract under the law has now been defined as a contract between a consumer and manufacturer/service provider if it causes significant changes in consumer rights. It covers situations such as payment of excessive security deposit in an agreement, disproportionate penalty for a breach and unilateral termination without reason.
To protect consumer rights a regulatory body called Central Consumer Protection Authority is being setup.
Settlement is provided during adjudication.
The territorial jurisdiction of the consumer forum is expanded to include place where aggrieved consumer resides or works for gain also.
Please know your rights and how
to enforce them.
It is your right to know and make a complaint against:-
1.
Defects in quality, quantity and price of the
product.
2.
Selling more than MRP.
3.
Selling after expiry date.
4.
Selling less weight than shown/promised.
5.
False promises.
6.
Not fulfilling the promises made.
7.
Deficiency in service.
8.
Unfair trade practice.
9.
Poor/deficient customer service.
10.
False/ misleading advertisement or providing
incorrect information in advertisement.
11.
Not fulfilling warranty/guarantee.
12.
Selling adulterated goods.
13. False/incorrect
information about product.
14. Not
delivering the product/service in time as promised.
15. Not
providing the facilities/attachments or things as promised/stated, etc.
You can approach the consumer forum
for any of the above things, for claims up to 20 Lacs to the District Consumer
Forum and from 20 lacs to 1 Cr the state consumer forum and above 1 Cr to the
National Consumer forum.
The procedure is simple. Just
write the complaint and the desired relief and submit it to the forum with
required fee ranging from Rs.100 to Rs.500/= in the form of draft/postal order
depending on the claim in three copies (If there are only two respondents.) and
keep a few handy with you with all the attachments. You can argue yourself and
do not need a lawyer either to write the complaint or argue the case. Before
filing it would be better if you make one representation to the company/dealer
and attach a copy of it with the complaint. You can file the complaint in the
district or state depending upon the amount claimed where the cause of action
took place or secondly where the head office of the company is located or
thirdly where you stay provided the company has a branch office in that
district with the permission of the court. Normally the forum, besides
upholding your complaint will not only provide you with relief, but will also
award the cost of litigation and harassment value if asked for. So ask for both
in your complaint.
If the company fails to abide by
the orders of the consumer court then you can file a contempt petition in the
same court and the owner/MD of the company can be fined Rs.10000/= or 3 years
of jail or both.
A large number of cases are there
where the builder has failed to give possession of the flat even after the promised
date of delivery or has not given or provided the facilities it has promised
before or after possession. All these cases can be successfully contested in
the Consumer Forum and the relief is very promising. In three cases of
different builders in the NCR region the court awarded the refund of full money
paid to the builder, Rs. 10 lacs as damages, Rs.2 lacs as cost of litigation
and 18% interest from day one. Even Supreme Court upheld this decision. Even
the cases where the land acquisition has been quashed by the court the consumer
can file the case and recover the amount paid with interest, cost of litigation,
damages, etc.
So take care and fight for your right.
