CONSUMER PROTECTION
Who is a consumer?
All of us are consumers of goods and services. For the purpose of the Consumer Protection Act, the word "Consumer" has been defined separately for "goods" and "services".
-For the purpose of "goods", a consumer means a person belonging to the following categories:
(i)One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.
(ii) It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser.
Note :- A person is not a consumer if he purchases goods for commercial or resale purposes However, the word "commercial" does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
- For the purpose of "services", a "consumer" means a person belonging to the following categories:
(i) One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.
(ii) It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.
Who can file a complaint?
The following can file a complaint under the Act:-
- A consumer
- Any voluntary consumer organization registered under the Registration of Societies Act,1860 or under the Companies Act,1956 or under any other law for the time being in force.
- The Central Government
- The State Government or Union Territory Administrations.
- One or more consumers on behalf of numerous consumers who are having the same interest (Class action complaints)
What constitute a complaint?
Under the Consumer Protection Act 1986, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:-
- Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader.
- One or more defects in goods. The goods hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force.
- Deficiencies in services.
- A trader charging excess of price.
(i) Fixed by or under any law for the time being in force or
(ii) Displayed on goods or
(iii) Displayed on any packet containing such good.
(iv) The goods brought by him suffer one or more defects.
Where to file a complaint?
- If the cost of goods or services and compensation asked for is up to rupees 20 lakh ,then the complaint can be filed in the District Forum which has been notified by the State Government for the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located.
- If the cost of goods or services and compensation asked for is more than rupees 20 lakh , but less than rupees One Crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.
- If the cost of goods or services and compensation asked for exceed rupees One Crore then the complaint can be filed before the National Commission at New Delhi.
How to file a complaint?
Procedures for filing complaints and seeking redressal are simple. Fee for making complaints before Distt. Forum.
- The complainant or his authorized agent can present the complaint in person.
- The complaint can be sent by post to the appropriate Forum / Commission.
- A complaint should contain the following information:-
(a) The name, description and the address of the complainant.
(b) The name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained.
(c) The facts relating to complaint and when and where it arose.
(d) Documents, if any, in support of the allegations contained in the complaint.
(e) The relief which the complainant is seeking.
- The complaint should be signed by the complainant or his authorized agent.
- The complaint is to be filed within two years from the date on which cause of action has arisen.
Relief available to the consumer?
Depending on the nature of relief sought by the consumer and facts, the Redressal Forums may give orders for one or more of the following reliefs :-
(a) removal of defects from the goods.
(b) replacement of the goods.
(c) refund of the price paid.
(d) award of compensation for the loss or injury suffered.
(e) removal of defects or deficiencies in the services.
(f) discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them.
(g) withdrawal of the hazardous goods from being offered to sale; or
(h) award for adequate costs to parties.
Procedure for filling the appeal
- Appeal against the decision of a District Forum can be filed before the State Commission within a period of thirty days. Appeal against the decision of a State Commission can be filed before the National Commission within thirty days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of thirty days.
- There is no fee for filing appeal before the State Commission or the National Commission.
- Procedure for filing the appeal is the same as that of complaint, except the application should be accompanied by the orders of the District/State Commission as the case may be and grounds for filing the appeal should be specified
Click here to get Consumer Protection Act, 1986 in detail
STATE COMMISSION DISTRICT FORUMS/COURTS IN HIMACHAL PRADESH
Click here to get the Details of State Commission & District Forums/Courts
Consumer Awareness
The Food, Civil Supplies and Consumer Affairs Department, Govt. of Himachal Pradesh has taken several measures to make the consumer aware of their rights.
In order to make consumers aware about their rights following steps have been taken by the department from the State funds during the past three years is as under:
1. The State Consumer Protection council was reconstituted on 12-11-03. The last meeting of council was held on 21-09-2004.
2. Message/appeal on behalf on Hon’ble Chief Minister/Minister Incharge of the department on the eve of world Consumer Rights Day and National Consumer Day are made for the awareness of Consumers through print media. Besides a special cover on consumer awareness was released on 15th March, 2005 by the Hon’ble minister Incharge of the department similarly a special postage stamp on consumer awareness was released at State HQ by the Hon’ble Chief Minister on the eve of “World Consumer Right Day on 17th March, 2006.
3. Two tele serials of 24 episode (Jago Grahak Jago) received from the Govt. of India have been further distributed to the Information and Public relation Department and our field offices for wide publicity amongst the consumer while holding consumer awareness seminars.
4. Consumer awareness slogans/message of twenty second duration was broadcasted through AIR in the month of November, 2005.
5. Shivrs in collaboration with BIS are also being organized. Year wise detail is as under:-
2004-05= 3 Shivrs
2005-06= 3 Shivrs
6. Consumer clubs on the pattern of Eco clubs are being constituted in Middle/High Schools. So far as 36 clubs have been constituted in the State.
7. Pamphlets highlighting the provisions of Consumer Protection Act 1986/schemes under consumer awareness programme were brought out and distributed amongst all the at Panchayats level in the State. Besides Hoardings/Boards highlighting the consumer protection Act have been installed at conspicuous public places through out the State.
8. The State Government has notified the Additional Deputy Commissioner as District Consumer Protection Officer in the State for developing Proactive and effective consumer protection movement in their respective Districts.
9. The departmental officers are being imparted training on consumer awareness by National Institute of Training for standardization (NITS) Noida. So far 7 Officers of this department have been imparted the training in the said Institute.
10. In order to make consumers aware about their rights, 100 camps/workshop in ten District of the State were organized by the Ministry of Information and Broadcasting, Govt. of India in the month of February, 2006.
11. Citizen's charters regarding departmental policies & activities have also been brought out by most of the departments and displayed in their offices premises for the awareness of general public.
In order to educate them, consumer Protection Seminars are being organized regularly at various places including tribal and remote localities of the State wherein participation of local N.G.O’s public representative, Panchayati Raj institution and women workers is ensured . During the Financial year 2005 –2006 , 540 Consumer Protection Seminar have been held in the State.
With a view make wide publicity on Consumer Protection Act 1986 , its provisions have been highlighted conspicuously on “Boards and Hoarding” at important public places in the State.
Message/appeal on behalf on Hon’ble Chief Minister/Minister Incharge of the department on the eve of world Consumer Rights Day and National Consumer Day are made for the awareness of Consumers through print media. Besides a special cover on consumer awareness was released on 15th March, 2005 by the Hon’ble minister Incharge of the department similarly a special postage stamp on consumer awareness was released at State HQ by the Hon’ble Chief Minister on the eve of “World Consumer Right Day on 17th March, 2006.
To give a fill up to Consumer Protection movement , 15th March and 24th December are observed as “World Consumer Day” and :National Consumer Day “respectively every year.
The Deptt. of Consumer Affairs GOI, New Delhi has launched two following landmark projects for the help of consumers:
1. The first one is a National Consumer Helpline in collaboration with Delhi University. Consumer from anywhere in India can dial toll free number 1800114000 from any BSNL or MTNL telephone line and seek advice regarding any consumer problem between 9:30 AM to 5:30 PM on all working days.
2. The second important milestone is the launch of Consumer Online Resource and Empowerment (Core) project in colloboration with the Consumer Coordination Council, New Delhi. Individual Consumer can access the website www.core.nic.in through any browsing center to lodge their complaint or know about latest news in the area of consumer protection and welfare.
The voluntary Consumer Protection organization have also played an imparted role in the field of Consumer Protection movement. Presently 10 voluntary Consumer organization are working in the State follows:
List of voluntary consumer protection organization
1. Consumer Forum Dharamshala ,Old chary Road , Dharamshala (Kangra ) 176215.
2. The Hamirpur Consumer Protection Sangthan, RKD Press (Ist Floor) upper Bazar Hamirpur.
3. Society for development & Environment Project (Deep) Project Office, Shalah,P.O Mamligh via Kunihar Distt. Solan. Pin:173206
4. Una Grahak Suraksha Samiti, Near Old Hospital, Una H.P,
5. The Aman Upbhokta Sarankshan Sangthan at village and P.O. Thathiwani,.Bhoranj, Distt.Hamirpur (H.P.)
6. The Himachal Pradesh Consumer Protection Group Y.W.C.A. Building , The Mall, Shimla-171001
7. Zila Upbhokta Sangh ,Kullu Distt. Kullu.(H.P.)
8. Sirmour Consumer protection Society, Sansarpur near ITI , Paonta Sahib (H.P.) 173025.
9. Solan Zila Upbhokta Sanrakshan, AVM Kalyan Samiti, Hariom Bhawan, sunny side Solan.
10. Himachal Upbhokta Sanrakshan Parishad, Shimla-1
In Order to promote a strong and brood based Consumer movement in their country, the Govt. of India is giving three separate National Award annually as under:- 1.Swami Vivekanand National Award for youth . 2.Swami Vivekanand National Award for voluntary consumer organisations. 3.Swami Vivekanand National Award for women. The detail of scheme/award is as follows:-
Swami vivekanand national award for voluntary consumer organisation on consumer protection
Introduction
The government accord a high priority to the programme of Consumer Protection. To Promote a strong and broad based consumer movement in the country particularly at grass root level, the Government encourages formation of voluntary consumer organizations in both urban and rural areas which are willing to generate awareness amongst the consumer about their rights; bringing out new ideas on consumer protection; undertake research and any other activity which directly contributes towards voluntary consumer movement in the country . To recognise the efforts made by the voluntary consumer organization s in this field and to provide them incentive, the Central Government had instituted in the year 1988 a scheme of annual National Award for voluntary consumer organizations for their excellence in consumer protection programme. The scheme has named after Swami Vivekananda in the year 2000. Under the scheme, 3 awards in order of merit will be given in the shape of prize money of Rs. 50,000/-, Rs.40,000/- and Rs.30,000/- to first three voluntary consumer organisations. All the recipients of awards will also also be given Certificate of Merit.
Eligibility for awards:-
The Voluntary consumer organizations including women organizations applying for the awards must fulfill the following conditions:-
1.It should be a voluntary consumer organization working for the promotion protection of consumer interests;
2.It should have legal status. For this purpose it should be registered under the Societies Registration Act 1860 or any other similar status;
3.It should have been in existence for the cause of consumer protection for at least during the last three years.
4.It should be non-political, non-official and under non-proprietary management;
5.It should not be run for profit for any individual or group of individuals but should serve the general public without distinction of caste, creed, color and religion;
6.It should not have received any grant-in-aid for the same purpose from any other Department/Ministry of the Central Government.
The performance of the voluntary consumer organizations including women group which will apply for this award will be judged from their work in one or more of the following fields:-
· Innovative approach to solve the problems of consumers; · To take up important consumer cause; · Putting up special efforts for the redressal of consumer grievances; · To undertake research and bring out innovative ideas in the field of consumer protection; · Promoting consumer movement particularly in the rural areas by organizing Seminar, publishing of literature on consumer protection, etc., · By undertaking testing programme relating to equality, quantity, standardization for various consumer products; · Educating consumers about their rights and how to exercise them; or · Any other activity which directly or indirectly contributes towards consumer protection and spreading the message of voluntary consumer movement. · There should be at least 100 members in each VCO.
How to apply for the award
i) The award will relate to calendar year 2012.
ii) The applicant will submit two copies of the report of its activity to the concerned State. Government/UT Administration. The activity report must contain special efforts made by the organization in redressing consumer grievances; promotional and educational activities undertaken by them, new ideas/approach exhibited by them; important consumer causes taken up, number of members in the consumer causes taken up, number of members in the consumer organization etc. The report will indicate its activities under clear heads. The report should be in the format endorsed and activities should be supported by documentary proof.
iii) The report should be written in English/Hindi in legible handwriting preferably typed in double space.
iv) The aspirant consumer organizations will give an undertaking that it will abide by the rules and regulations of the scheme.
v) The consumer organization will clearly indicate that it will not have any copyright claim over the report submitted for the purpose of this award and the Government will have right to publish the material forward.
Procedure for selection
1. The concerned State Government /UT Administration will verify the activities of the as present consumer organization. In case State Government finds the work as commendable. It will forwarded one copy of the report submitted by the organization to Central Government with its recommendations and comments for the purpose of this award. The State Government can also suo moto make recommendations in case of deserving Voluntary Consumer Organizations whose work is commendable and who fulfill the eligibility conditions, even if an application is not tiled by the concerned person.
2. While assessing the performance of consumer organization, the State Government/UT administration will give preference to consumer organization functioning in the rural, Tribal or backward areas. Similar preference should also be given to women consumer organization . In case of urban based consumer organizations, State Govt./UT administration will particularly see the performance of that particular organization in the rural areas as and its visible impact on the welfare of the consumers.
3 .The selection will be made by a committee comprising of Secretary (Consumer Affairs) in the Central Government. Other members will be representative of Planning Commission. Ministry of Finance, (Department of Expenditure) Department of Rural Areas & Employment and an active consumer activist who has done outstanding work in the field of consumer protection to be nominated by the Ministry of Consumer Affairs, Food & Public Distribution ,Department of Consumers Affairs every year. Such representation should not belong to the organization which is an aspirant for award for that particular year. Additional Secretary in-Charge of consumer protection will be Member Secretary.
4 .The recommendations of the Committee will be submitted to Minister in charge of Ministry of Consumer Affairs, Food & Public Distribution for approval/consideration.
5 .Central Government reserves the right not to give any award in a year when no Consumer organization is found eligible for this purpose.
Swami vivekananda national award for women on consumer protection
Government accords a high priority to the programmes of consumer protection and is keen to promote a strong and broad based consumer movement in the country particularly at grass root level. Cognizant of the manifold problems of the consumers, the Government has enacted a comprehensive consumer protection legislation namely the Consumer Protection Act,1986 which aims at providing simple, speedy and inexpensive redressal to the consumer grievances. However, to promote a strong consumer movement in the country, sections of the society particularly the women have to contribute. To recognize the outstanding efforts made by the women in this field and to encourage them, to come forward and take up such activities in large numbers, the Government had instituted in the year 1993 a scheme of annual National Awards for Women on Consumer protection. The Scheme has been renamed after Swami Vivekananda in the year 2000. Under the scheme, 3 awards will be given in the shape of prize money of Rs.20,000/-,Rs.15,000/- and Rs.10,000/-. The recipients of the award will also be given Certificate of Merit.
Eligibility of the award:
All the women who have done out standing work for consumer protection would be eligible for this award. There will be no age limit. The performance will be judged from their work in one or more of the following fields:
(i) taking up important consumer causes;
(ii) putting in special efforts for redressal of consumer grievances;
(iii) bringing out new ideas for consumer protection and safety from health hazards;
(iv) promoting consumer movement, particularly in smaller towns and rural areas through exhibitions, seminar, demonstrations etc.;
(v) undertaking consumer research or investigation into specific consumer problems;
(vi) taking up any other activity which directly or indirectly contributes towards consumer protection and spreading the message of voluntary consumer movement.
How to apply for the award
(i) The award will relate to calendar year 2012.
(ii) The aspirant will submit two copies of the report of her activity to the concerned State Government/UT Administration. The activity report must contain special efforts made by the applicants in redressing consumer grievances; promotional and educational activities undertaken by them, new ideas/approach exhibited by them; important consumer causes taken up, etc. The report will indicate the activities under clear heads and will also include her brief bio-data. The report should be in the format enclosed and the activities should be supported by documentary proof.
(iii) The report should be written in English/Hindi in legible handwriting preferably typed in double space.
(iv) The aspirant will give an undertaking that she will abide by the rules and regulations of the scheme.
(v) She will clearly indicate that she will not have any copy right claim over the publication submitted by her for the purpose of this award and the Government will have right to publish the same or part of the report.
Procedure for selection
(i) The concerned State Government/UT Administration will verify the activities and in case the State Government finds the work commendable, it will forward the one copy of the report submitted to the Central Government along with its recommendations and comments. The State Government can also suo moto make recommendations in case of deserving persons whose work is commendable and who fulfill the edibility conditions, even if an application is not filed by the concerned person.
(ii) While assessing the performance of the aspirants, the State Government will particularly see the impact of the performance on welfare of large sections of consumers.
(iii) The selection will be made by a committee comprising of Secretary (Consumer Affairs), Additional Secretary in-charge of consumer protection and an eminent person who has done outstanding work in the field of consumer protection to be nominated by the Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs. The recommendations of the Committee will be approved by Ministry of Consumer Affairs, Food & Public Distribution.
(iv) Central Government reserves the right not to give any award in a year when no one is found eligible for this purpose.
Proposal to set up District Consumer Information Centre (DCIC)
1. Despite the enactment of the Consumer Protection Act, 1986, awareness among a large section of people, the rights of the consumers and how to protect those rights etc. still remains unknown to many due to inadequate spread of Knowledge/information. To spread this awareness the Government in 1992 created Consumer Welfare Fund, to promote and protect consumer welfare by amending the Central Excise and Salt Act,1944 wherein money refundable to manufacturers which could not be refunded due to lack of identity, being credited.
2. The Deptt of Consumer Affairs had earlier circulated a scheme of financial assistance for setting up of the Consumer Information Centres to be provided from the Consumer Welfare Fund. All States and Union Territories were requested to sponsor applications. The scheme is open to State Governments/agencies and VCOs of repute. A total of Rs. 4 lakhs is to be granted for setting up the each CIC out of which Rs. 2.35 Lakhs is in the form of non-recurring expenditure and Rs 1.65 lakhs is in the form of recurring expenditure. The non-recurring part is to be released immediately on sanction and the recurring part is to be released in a phased manner spread over five years. Each CIC is to function as information, resource and guidance centre and as a testing centre. The agency which is to run the CIC is to be self-supporting in this activity after five years and to continue on its own thereafter.
3. The existing Scheme of CIC was decided in the 14th meeting of the Standing Committee in 1996 and all the State Governments were subsequently requested to identify one or two VCOs of repute capable of running such centres with initial capital support. The response from the State Governments/VCOs has been rather limited. It has been observed that many of the VCOs are not in a position to self-sustain the scheme after the initial grant support ceases not many VCOs have the capacity and resources to run a multipurpose CIC. It has now been felt that the Panchayati Raj institutions should be actively involved in implementing the scheme in addition to supporting capable VCOs, as before, wherever they exist. It is felt that unless each district in the country have at least one CIC geared to meeting the consumer requirements for awareness generation consumer protection related activities would continue to have negligible impact on the ground, despite enactment being on the Statute books since 1986 and absence of funds constraints.
4. The reasons for suggesting inclusion of the role of Zila Parishads over and above capable VCOs are as follows:-
(i) Zila Parishads are constitutional entities created for devolution of powers to the local levels for greater decentralisation in decision making and implementation.
(ii) Being elected and statutory bodies they are not part of the State Government.
(iii) They have considerable resources, in terms of money, infrastructure and manpower. Hence even after the grant from the centre ceases, the Zila Parishads may not face any problem in continuing with the scheme.
(iv) Any fund given to Zila Parishad is subject to the discipline of audit and accountability as per rules prescribed.
(v) The Zila Parishads are governed by the elected representatives of people who have grass-root level knowledge and are therefore, capable to spread awareness to make the consumer movement a mass movement.
5. To cover all the Districts through the Zila Parishads in five phases, with 115 districts in each phase (113 in last phase), it is proposed to give a total financial assistance of Rs. 5 lakhs as one time grant, part of which would be for non-recurring expenses and part a recurring component as indicated in Annexure-I. Adequate space for proper functioning of the Centres to be provided by Zila Parishads free of charge. Annual budget of the centre to be vetted by CEO of Zila Parishad and any excess expenditure is to be borne by Zila Parishad. The expenditure sanctions to be vetted by CEO Zila Parishad The expenditure sanctions to be vetted by CEO Zila Parishad
The fund will be disbursed in phased manner covering 3 years with Rs. 2.5. Lakhs in the first year , Rs. 1.75 lakhs in second year and Rs. 75,000/- in the third year. The second and the third annual installment will be given subject to the review by the monitoring committee and CIC having demonstrated satisfactory performance. The willing Zila Parishad are to give undertaking for continue funding of the DCIC beyond the limit of the grant if and when required. The State Government will be approached by Deptt. Of Consumer Affairs to ascertain the willingness of Zila Parishad and subject to their giving undertaking to State Govts., the Specific Sanctions would be issued.
6. Functions of DCIC
· To disseminate information on all aspects of consumer protection i.e. legal, administrative, information regarding consumer courts and their procedures, information relating to consumer organizations in the area, anti-poverty programmes, various governmental schemes on employment etc. The DCIC will be responsible for disseminating such information not only to the direct users in the centre but to all local bodies below the Zila Parishad level.
· To liaise with the Distt. Weights & Measures authorities/Laboratories in handling issues relating to quality, weights , adulteration etc. Wherever Governmental Laboratories are not available DCIC will liaise with private testing laboratories , if available to use their facility on the basis of payment of fee.
· To maintain close interaction with Distt. Civil Supplies Organization.
· To develop a Data base of the VCOs in the region and consumer related information such as relating to fair price shops , availability of essential commodities etc.
· To organize all important functions relating to consumer awareness generation such as World Consumer Day and to interact with the student community in the school in the Zila Parishad region .
· To have access to nicnet/internet by which information relating to all Governmental schemes and programmes etc. could be obtained and disseminated (as and when funding for such computer facility is given by the deptt. Of Consumer Affairs )
· To prepare annual calendar of activities in advance and seek the approval of the Zila Parishad.
· To disseminate all information regarding legal services authority who provide full range of legal service free of cost and maintain liaison.
FUNDING PATTERN OF THE SCHEME
7. The total fund requirement of the scheme , if implemented in all the 573 Distts.> of the country included in all the states and Union Territories, would work out to Rs. 28.65 crores (@ Rs. 5.00 lakhs per centre ). The yearly out flow covering seven years will be as per the disbursement schedule given in annexure –1 . However , it is not being suggested to be implemented in all the distts. at one time because it is felt that if the scheme is implemented in phases and all the distts. are covered gradually , it would facilitate proper review and gaining of experience of different centres. This would also facilitate mid-phase correction and improvement . It would provide opportunities for mid-phase corrections and improvements of the scheme. It is proposed to implement the scheme in five phases and in each phase 20% of the districts from each State/Uts are to be taken up at a time. Year wise expenditure flow are projected below :-
Monitoring of the Scheme/DCIC
8. A monitoring committee will be setup by the Zila Parishad to ensure the smooth functioning of the centre . The committee will consists of the following :-
(i) A nominee of the President of the Zila Parishad (from amongst the elected members of Zila Parishad ).
(ii) A nominee of the District Civil Supplies Officer (not below the rank of Assistant Civil Supply Officer).
(iii) A representative of a Local VCO functioning in the district, to be nominated by the Distt. Collector .
The Monitoring Committee will meet at least twice a year to review the over all performance of the DCIC with reference to the calendar of activities and place their review report before the President of the Zila Parishad.
The accounts of the DCIC will be audited in the same manner and by the same organisation as the accounts of the Zila Parishad are audited. Duly certified annual utilisation certificate has to be sent by the Zila Parishad to the Deptt.. Of Consumer Affairs within 18 months from the date of release of funds. The department of Consumer Affairs will review the functioning of the scheme/centres in various states from time to time when meeting are held in connection with the monitoring of prizes, availability of essential commodities etc. associating state Govts. The State Government and the Deptt. Of Consumer Affairs would also take appropriate steps such as periodic visit by officials, evaluation, studies etc. in monitoring and evaluating the project/scheme.