Open Access Research Article
Procedure To Approach The District Consumer Dispute Reddresal Forum (By-Adv. Chandrakant Bhosale)
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Article Details
Procedure To Approach The
District Consumer Dispute Reddresal Forum
Authored By-Adv.
Chandrakant Bhosale
Modern Law College
Introduction
A Consumer Court is a court came in to force under
the Consumer Protection Act, 1986 to redress and adjudicate consumer disputes in India. A Consumer Court deals
with cases regarding consumer complaints and grievances. The judiciary hearings
are set up by the Government to protect consumer rights. consumers can file a
case in consumer court who are unsatisfied about delivery of defective goods or
services.
Who Is The Consumer
The definition of the consumer is defined under Section
2(d) of The Consumer Protection Act, 1986 It says that –
"consumer" means any person
who—(i) buys any goods for a consideration which has
been paid or promised or partly paid and partly promised, or under any system
of deferred payment and includes any user of such goods other than the person
who buys such goods for consideration paid or promised or partly paid or partly
promised, or under any system of deferred payment when such use is made with
the approval of such person, but does not include a person who obtains such
goods for resale or for any commercial purpose; or (ii) hires
or avails of any services for a consideration which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment and
includes any
beneficiary of such services other than the person who
'hires or avails of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned
person but does not include a person who avails of such services for any
commercial purposes; Explanation.— For the purposes of this clause, “commercial
purpose” does not include use by a person of goods bought and used by him and
services availed by him exclusively for the purposes of earning his livelihood
by means of self-employment;”
What Is
Complaint
Section 2 (c) of The Consumer Protection Act, 1986 deals
with the complaint. "complaint" means any allegation in writing made
by a complainant that—
(i)
an unfair trade
practice or a restrictive trade practice has been adopted by any trader or
service provider;
(ii)
the goods bought by
him or agreed to be bought by him; suffer from one or more defects;
(iii)
the services hired
or availed of or agreed to be hired or availed of by him suffer from deficiency
in any respect;
(iv)
a trader or service
provider, as the case may be, has charged for the goods or for the
service mentioned in the complaint a price in excess of the price –
a.
fixed by
or under any law for the time being in force
b.
displayed on
the goods or any package containing such goods ;
c.
displayed on
the price list exhibited by him by or under any law for the time being in
force;
d.
agreed
between the parties;
(v)
goods which will be
hazardous to life and safety when used or being offered for sale to the
public,--
a.
in
contravention of any standards relating to safety of such goods as
required to be complied with, by or under any law for the time being in force;
b.
if the
trader could have known with due diligence that the goods so offered are unsafe
to the public;
(vi)
services which are
hazardous or likely to be hazardous to life and safety of the public when used,
are being offered by the service provider which such person could have known
with due diligence to be injurious to life and safety;”;
Who Can File The Complaint
According to the provision of the this Act a consumer or
his legal heir or representative or voluntary consumer association can file the
complaint against the seller who is suffered from unfair consumer practices and
fulfill the conditions mentioned in the provision of the Act within the period
of 2 years from the date of cause of action. the complaint must have the legal
capacity to file the complaint.the complainant should be in written form.
Complaint Should Be On The Basis Of
·
unfair trade practice or
a restrictive trade practice by the service provider;
·
Defective goods, whether
already bought or agreed to be bought by the complainant;
·
Deficiency in Services,
whether hired or availed or agreed to be hired or availed;
·
Overcharging of goods or
services in excess of the price that may have been fixed by law or displayed on
the packaging of goods or the price list exhibited or so agreed between the
parties;
·
Selling or offering to
sell hazardous goods or services which pose a threat to life and safety when
used or availed provided the trader could know that the goods or services are
hazardous by due diligence.
Consumer Disputes Redressal Agencies
The Consumer Courts are
established at three levels i.e. District, State, and National levels.
According to the law, a dispute is filed in these forums depending on the
valuation fixed by law. The district court is entry level consumer court and
other are the Appellate Authority.
The Consumer Protection Act, 1986 came
into force to provide consumer remedial dispute redressal mechanism.
District Consumer Disputes Redressal Forum
(DCDRF):
The district court is
primary consumer court and other are the Appellate Authority. Established in each district, it comprises of
3 members each. If the value of the claim is up to 20 lakhs then, an appeal may
be filed from the order of DCDRF in State Consumer Disputes Redressal Commission.
Procedure To File A
Complaint In The District Consumer Court
1.
ISSUE NOTICE TO THE SERVICE
PROVIDER:
This is the first stage
before the filing the complaint. The
notice to be issued by the aggrieved party to the service provider. The
intention of the notice is to communicate and inform the service provider about
the defects in the goods or the deficiency in the service or any unfair
practice.
After issue the notice the
complaint may be settle without approaching the Forum, if the service provider
is willing to offer compensation or any other remedy to the complainant.
2.
CONSUMER COMPLAINT
The next step is
to file a formal complaint under the Consumer Protection Act,
1986, if the service provider is not willing to offer compensation or any other
remedy. The filing of the Complaint does not necessarily require a lawyer.
The complaint can be filed by the aggrieved person. The complaint must be
incorporated following details –
ü
Name, age, occupation the
address of the complainant(s) and the Opposite Party or parties.
ü
Cause of Action, the
approximate date, time and venue.
ü
Relevant facts relating to
the cause of action.
ü
Efforts taken to redress
grievances before filing a claim
ü
Forum has the jurisdiction
to try this claim
ü
Claim filed within the time
limit.
ü
The Remedy or Relief claimed
by the complainant
ü
Signature and Verification
by the complainant or his authorized agent.
3.
REQUIRED DOCUMENTS
The copies of material
evidence and relevant documents that support of consumer case in
Consumer Court are important. These documents include:
ü
Four copies plus additional
copies for each party are to be filed by the complainant
ü
A copy of the bill, receipt
of delivery, packaging of a product
ü
A record of online booking
of the goods if bought by online
ü
Warranty/Guarantee
certificates
ü
A copy of the written
complaint and notice sent to the manufacturer/seller
ü
Proof that notice received
by the manufacturer/seller
ü
Appropriate court fee. The
Court Fee is to be submitted through a demand draft made out to the President,
Consumer Disputes Redressal Forum, (name of) district.
ü
Affidavit by complainant
ü Vakalatnama if complaint filed through lawyer
4.
FILING THE COMPLAINT
According to the provision of The
Consumer Protection Act, 1986, Complainant can
file their complaint in the office of President, Consumer Disputes
Redressal Forum, in the respective district.
Procedure On Admission Of Complaint
The detailed procedure on admission of complaint. In The
District Forum are provided in the
section 13 and 14 of The Consumer
Protection Act, 1986,
Conclusion
The
district court is primary consumer court and other are the Appellate
Authority. Established in each district,
it comprises of 3 members each.
Aggrieved Consumers get remedy from this court. And the procedure is not
quit tough to approach the District Forum. The Consumer Disputes Redressal
Forum, is available in each district districts. It is not necessary file the
complaint with the help of the lawyer.
Article Information
Procedure To Approach The District Consumer Dispute Reddresal Forum (By-Adv. Chandrakant Bhosale)
Authors: Adv. Chandrakant Bhosale
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/08/01
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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