KERALA Consumer Complaint

Odoo • Text and Image

About 
To protect the rights of consumers in India an act called, Consumer Protection Act, 1986 was passed in the year 1986 in the Parliament of India. It makes provision for the formation of consumer councils and other authorities for the resolution of consumers' disputes and for matters connected therewith also. In October 1986 the Act was passed which came in force on December 24 1986. This day is celebrated as consumer protection day.

Who is eligible to file a complaint?

 
1.Consumer.

2.Any Voluntary consumer organization which is registered.

3.The Central goverment.

4.The State govt or UT Administration.

5.One or more consumer on behalf of number of other consumers who has the same interest.

Odoo • Text and Image
Odoo • Text and Image

How to File a complain?

STEP 1: SEND A WRITTEN NOTICE

The first step is to send a written notice to the vendor or Manufacturer explaining the matter and therefore the reason why you're sad with the merchandise or service.

What your notice ought to contain:

In the notice, you must note:

For claims over Rs. 10,000, it's extremely counseled that you simply consult a attorney and send the notice through the attorney, on an officer letter paper. this can confirm to the vendor that you simply square measure serious concerning taking action at law.

STEP 2: Wait for the vendor to reply

Once you send the legal notice, it's probably that the corporate can reply to your issue. Some may give you truthful compensation. At this stage, you want to recognize what affordable compensation is appropriate to you. exacting a awfully high quantity as compensation can get you obscurity as courts won't entertain. If there's no response among the stipulated time, that is typically fifteen days, you've got the correct to approach the patron forum.

STEP 3: Select the right FORUM

Based on the worth of products or services you've got purchased or the compensation you claim, you'll be able to approach the acceptable client forum/commission, i.e., the Kerala District Forum, Kerala State Commission or the Indian National Commission. You've got the choice of filing the grievance yourself or appointing associate advocate to represent you before the forum/commission. The time taken for the proceedings will vary between 6 to 18 months.

STEP 4: File a  WRITTEN grievance

Each forum includes a prescribed format you want to adhere to whereas filing the written grievance. You have to attach all the relevant documents supporting your grievance, like invoices, receipts, delivery challans, communication in writing (emails and SMS also), etc. it's necessary to submit the legal notice that you simply visited the vendor or service supplier in order that the court is convinced that you simply tried to resolve this dispute out-of-court.

STEP 5: COURT FEE for client grievance

To file a client grievance, you have to pay a court fee:
If the case is set in your favour, the Court can direct the vendor to compensate you together with all of your legal prices, like court fees and attorney fees.

Fee Table:-

Sl. No.

Total Value of goods or services and the compensation claimed District Forum

Amount of fee payable

(1)

Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards

Nil

(2)

Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.

Rs.100

(3)

Above one lakh and upto five lakh rupees

Rs.200

(4)

Above five lakh and upto ten lakh rupees

Rs.400

(5)

Above ten lakh and upto twenty lakh rupees State Commission

Rs.500

(6)

Above twenty lakh and upto fifty lakh rupees

Rs.2000

(7)

Above fifty lakh and upto one crore rupees National Commission

Rs.4000

(8)

Above one crore rupees

Rs.5000


Where to file a complain?

Kerala District Consumer Disputes Redressal Forum (DCDRF): Known as the "District Forum" made by the State Government in every district of the State. The State Government might establish more than one District Forum in a district. It is a district level court that handles cases valuing up to 2 million.

Kerala State Consumer Disputes Redressal Commission (SCDRC): Known as the "State Commission" established by the State Government in the State is a state level court that handles cases valuing less than 10 million.

National Consumer Disputes Redressal Commission (NCDRC): Established by the Central Government deals with issues of more than 10 million.

TYPES OF CONSUMERS COMPLAINTS CATEGORIES

    Ø  AUTOMOBILES

    Ø  DOMESTIC APPLIANCE

    Ø  ELECTRIC CITY

    Ø  FOOD SAFETY

    Ø  ONLINE SHOPPING COMPLAINTS

Required Documents

1.Name & Complete address of petitioner

2.Name & Complete address of the accused

3.Date of Purchase / service rendered

4.Amount paid for goods/services rendered

5.Quantities and Items of goods / characteristic of service

6.Does the complaint relate to biased restrictive trade practice/ defective goods/deficient service/ charging more price

7.Copies of bills/ vouchers/ receipts and copies of correspondence made, if any.



Mentioned below are some of the important feature of the new Act 2019


Protect E-Commerce Purchases: The New Act now includes consumer who buys any goods, whether through offline or online transactions, electronic means, teleshopping, direct selling or multi-level marketing. The previous Act did not specifically include e-commerce purchases, this gap has been built by the New Act.

Improvement of Pecuniary Jurisdiction: Pecuniary limits have been revised under the New Act. The district forum can consider consumer complaints where the value of goods or services paid is not more than INR 10 million. The State Commission is allowed to consider disputes where If the value exceeds INR 10 million then the matter is considered by the State Commission but it should not exceed INR 100 million. In this case where value exceeds INR 100 million, the National Commission can exercise jurisdiction.

E-Filing: The New Act provides flexibility to the consumer to file a complaint with the District Consumer Commission or State Consumer Commission from anywhere, home, office or anywhere else. Unlike the current practice where the consumers are required to file a case only at the place where the product was purchased or where the seller of the product has his registered office. It also has provisions for consumers to file complaints electronically and for hearing parties through video-conferencing. This is to avoid inconvenience and harassment to the consumers.

Creation of the CCPA: CCPA is Central Consumer Protection Authority set up by the Central Govt, it promote, protect and execute the rights of consumers. The Director-General leads the investigation wing,which conducts inquiry or investigation into consumer law violations. It has been granted powers to take suo-moto actions, recall products, demand reimbursement of the price of goods or services, terminate licenses and file class action suits, if a consumer complaint affects more than 1 (one) individual.

Product Liability & Penal Consequences: The New Act has introduced the idea of product liability and brings in its scope, the product manufacturer, product service supplier and merchandise seller, for any claim for compensation. The term product seller is defined to incorporate someone who is concerned in putting the product for an advertisement purpose and as such would include e-commerce platforms also. The defense that e-commerce platforms simply act as platforms or aggregators wont be accepted. There are increased liability risks for makers as compared to product service suppliers and product sellers, considering that under the New Act, makers are going to be liable in product liability action even wherever he proves that he wasnt negligent or dishonest in creating the express warranty of a product. certain exceptions are provided under the New Act from liability claims, such as, that the product vendor wont be liable where the product has been ill-used, altered or changed.

Unfair Trade Practices: The New Act introduces a broad definition of Unfair Trade Practices, which includes sharing of private data given by the buyer in confidence unless such disclosure is made in accordance with the provisions of any other law.

Penalties for deceptive Advertisement: The CCPA might impose a penalty of up to INR 1 Million on a manufacturer or an endorser, for a false or deceptive ad. The CCPA may additionally sentence them to imprisonment for up to 2 years for the same. just in case of a subsequent offence, the fine might reach INR 5 Million and imprisonment of up to 5 years. The CCPA may also forbid the endorser of a deceptive ad from endorsing that specific product or service for a period of up to 1 year. for each subsequent offence, the period of prohibition might extend to 3 years.

The New Act fixes liability on endorsers considering that there have been numerous instances in the recent past wherever customers have fallen prey to unfair trade practices under the influence of celebrities acting as brand ambassadors. In such cases, it becomes necessary for the endorser to take the concern and exercise due diligence to verify the truthfulness of the claims created in the ad to refute liability claims.

Motive of the Central Council



Right to Safety
Means right to be protected against the selling of products and services, that ar venturous to life and property. The purchased merchandise and services availed of shouldn't solely meet their immediate wants, however additionally fulfil future interests. Before getting, customers ought to impose the standard of the merchandise also as on the guarantee of the merchandise and services. they ought to ideally purchase quality marked merchandise like ISI,AGMARK, etc.


Right to be told
Means right to be told concerning the standard, quantity, potency, purity, normal and value of products therefore on defend the patron against unfair trade practices. Consumer ought to impose obtaining all the data concerning the merchandise or service before creating a alternative or a call. this may alter him to act sagely and responsibly and additionally alter him to abstain from falling prey to high mercantilism techniques.


Right to settle on
Means right to be assured, where doable of access to type of merchandise and services at competitive value. just in case of monopolies, it means that right to be assured of satisfactory quality and repair at a good value. It additionally includes right to basic merchandise and services. this is often be} as a result of unrestricted right of the minority to settle on can mean a denial for the bulk of its fair proportion. This right are often higher exercised in an exceedingly competitive market wherever a range of products ar accessible at competitive costs.

Right to be detected
Means that consumer's interests can receive due thought at acceptable forums. It additionally includes right to be delineated in varied forums shaped to contemplate the consumer's welfare. The customers ought to kind non-political and non-commercial client organizations which may tend illustration in varied committees shaped by the govt. and alternative bodies in matters regarding customers.

Right to hunt redressal
Means right to hunt redressal against unfair trade practices or unscrupulous exploitation of customers. It additionally includes right to truthful settlement of the real grievances of the patron. Consumers should create grievance for his or her real grievances.Many a times their grievance is also of tiny price however its impact on the society as an entire is also terribly massive. they will additionally take the assistance of client organisations in seeking redressal of their grievances.

Right to client Education
Means the proper to amass the information Associate in Nursingd ability to be an well-read client throughout life.Ignorance of customers, notably of rural customers, is especially answerable for their exploitation. {they should|they ought to|they should} grasp their rights and must exercise them. solely then real client protection are often achieved successfully.

 

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