The Consumer Protection Act, 1986 has been enacted for better protection of the interests of consumers and the establishment of consumer councils and other authorities for the settlement of consumer's disputes and for matters connected therewith.
Consumer
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 or 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. As per the Definition of Service as defined under the Consumer Protection Act, 1986, "Service" means service of any description, which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. The service rendered by hospitals and members of medical profession for consideration constitute service as defined in the Act, because it does not relate to commercial purpose. The services provided by Banks and financial institutions are covered by the Act. Defect as per the various judgments rendered by various Courts, Forums and the Tribunals means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard, which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as- is claimed by the trader in any manner whatsoever in relation to any goods. Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
Complaint by the Consumer:
Any aggrieved person, in writing may present a Complaint before the Jurisdictional District Consumer Forum either for breach of promises made or for deficiency in the service against the person who defaulted.
Jurisdiction of the District Forum
The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees five lakhs. A complaint is required to be instituted in a District Forum within the local limits of whose jurisdiction the complainant resides.
Limitation period, in which the complaint can be filed before the District Forum, State Commission or National commission
The complaint should be filed within two years from the date on which the cause of action has arisen. However a complaint may be entertained after the period of two years, if the complainant satisfies the District Forum, State Commission or National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.
Appeal from the orders of District Forum
Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission, within a period of thirty days from the date of the order, in such form and manner as may be prescribed. However the State Commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period.
Jurisdiction of the State Commission
The State Commission shall have jurisdiction:
- to entertain
- complaints, where the value of the goods or services and compensation, if any, claimed exceeds rupees five lakhs but does not exceed rupees twenty lakhs; and
- appeals against the orders of any District Forum within the state and to call for the records and pass appropriate orders in any consumer dispute, which is pending before or has been decided by any District Forum within the state, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.
Appeals from the orders of State Commission
Any person aggrieved by an order made by the State Commission in exercise of its powers conferred to it, may prefer an appeal against such order to the National Commission, within a period of thirty days from the date of the order in such form and manner as may be prescribed. However the National Commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that, there was sufficient cause for not filing it within that period.
The aggrieved party, in addition to the appeal to the Supreme Court, can file Special Leave Petition under Article 136 or Writ Petition under Article 32 of the Constitution of India in appropriate cases on the grounds mentioned in those articles of the Constitution.
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