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| Festival Season and the Consumer Protection Rights. | | | Vikram Gour. | 10/24/2010 9:41:03 PM |
| This is the festival season when market will be full of goods of all kinds for the consumers who are in a hurry to buy and spend lavishly on anything that looks good. Genuine, quality and standard as well as spurious, dangerous and imitations with very little visible difference at the same price or even a little less to cheat the eager buyer. It is now that a Consumer has to be most cautious while making purchases and must know his rights as a consumer to protect himself from the unscrupulous businessmen. To keep the consumer informed of his rights under the Consumer Protection Act the information provided in this write up will be very useful.
Consumer protection rights are designed to ensure fair competition and free flow of truthful information in the market place. The laws are designed to prevent business that engages in fraud or specified unfair practices for gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation that protects the interests of the consumer.
Consumer is defined as some one who acquires goods or services for direct use or ownership rather than resale or use in production or manufacturing.
Consumer Protection Rights.
On 15th March 1962, John F Kennedy, US President made an historic Declaration about the Consume Rights in the US Congress. Ever since the consumers all over the world celebrate 15th March as the National Consumer Day.
The Consumer protection act in India was enacted in 1986 to provide for better protection of the interest of the consumer and make provision for the establishment of the Consumer Councils and other authorities for settlement of the consumer disputes.
Subsequently, the J&K state enacted its own Jammu and Kashmir Consumer Protection Act, in 1987 enshrining the following rights of the consumers:-
1. The right to be protected against the marketing of goods and services which are hazardous to life and property.
2. The right to be informed about the quality, quantity, potency, purity standard and price of goods so as to protect the consumer against the unfair trade practice.
3. The right to be assured, wherever possible, access to a variety of goods at competitive prices.
4. The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums.
5. The right to seek redressal against unfair exploitation.
6. The right to consumer education.
The Act also envisages:-
1. Establishment of Consumer Protection Council at the state level to promote and protect the Consumer Rights.
2. Provide simple, speedy and inexpensive redressal of Consumer Grievances.
3. Three-tier quasi-judicial mechanism at the state and divisional level viz i) One state Commission ii) Two Divisional Forums iii) State Consumer Protection Council. The state government has now also decided to establish 8 additional consumer protection forums, one for two districts in each Division of Jammu and Kashmir.
Who is a consumer?
All of us are consumers of goods and services in one form or another. For the purpose of goods a consumer means i) one who buys any goods for a consideration which has been paid or 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 approval of the purchaser.
For the purpose of services a consumer means i) a person who hires any service or services for a consideration which has been paid for, promised or partly paid and partly promised under any system of deferred payment ii) it includes any beneficiary of such services other than the one who actually hires the services for a consideration and such services are availed with the approval of such person.
Who can file a complaint?
It needs to be noted that only following persons can file a complaint in a consumer forum under the Act:-
a) A consumer himself.
b) Any registered voluntary organization on behalf the consumer.
c) The state government.
d) Asstt. Director Consumer affairs & Public Distribution, Jammu/Kashmir.
What constitutes a complaint?
Under the Act a complaint means any allegation made by a complainant in regard to one or more of the following:-
a) That he has suffered loss or damage as a result of any unfair trade practice adopted by any trader.
b) That the goods mentioned in the complaint suffer from one more defects.
c) That the services mentioned in the complaint suffer from deficiencies in any respect.
d) That a trader has charged for the goods mentioned in the complaint in excess of the price i) as fixed by the or under any law for the time being in force, or ii) displayed on the goods or iii) displayed on any packet containing such goods.
Where to file a complaint?
1. If the cost of goods or services asked for is less than Rs 5-lacs the complaint cn be filed in Divisional Forum.
2. If the cost of goods and services and compensation asked for is more than Rs 5-lacs but less than Rs 10-lacs, the complaint can be filed before the State Commission.
3. The complaint in relation of Leh, Kargil, Rajouri and Poonch may be filed with the Deputy Commissioner who shall forward such complaints to the Divisional Forum/state Forum having jurisdiction to entertain such complaint.
How to file a complaint?
_ There is no fee for filing a complaint in any consumer court.
_ the complainant or his authorized agent can present the complaint in person.
_ the complaint can be sent by post to the appropriate Forum/Commission.
_ the complaint should contain the following information:
i) Name, description and address of the complainant.
ii) Name, description, and address of the opposite party or parties as the case may be.
iii) The relating to the complaint and whet and where it arose.
iv) Documents, if any, in support of the allegation contained in the complaint.
v) The relief which complainant is seeking.
The complaint should be signed by the complainant or his authorized agent.
Relief available to the consumer.
Depending on the nature of the relief sought by the consumer and facts the redressal Forum may give orders for one or more of the following:-
a) removal of the defects from the goods;
b) replacement of the goods;
c) refund of the price paid;
d) award compensation for the loss or injury suffered.
While the Consumer Protection Act provides complete protection to the consumer of all goods and services yet it is essential the consumer himself should be well aware of his rights under the Act and he should keep himself informed about the quality, quantity, composition and all details of the purchase he is going to make. It is only then the consumer can protect his rights. Individually it might be difficult for any consumer to fight against unscrupulous traders and providers of the services most whom are ever eady to cheat the consumer. The consumer should organize themselves in consumer protection groups in the form of NGOs and boldly without fear approach the agencies empowered to fight for the consumer rights. One should without hesitation make enquiries before purchasing or hiring any service about the quality, quantity, composition, efficacy and see and verify the printed rates. In case of any warranty or guaranty obtain proper documents from the seller so that in case of any problem later a sound complaint can be filed against the defective goods or services.
Vikram Gour.
Member State Protection council,
75/7, Trikuta Nagar,
Jammu 180012.
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