1. CONSUMER PROTECTION ACT
Introduction
The earlier principle of “Caveat Emptor” or “let the buyer beware” which
was prevalent has given way to the principle of “Consumer is King”. The
origins of this principle lie in the fact
that in today’s mass production economy where there is little contact
between the producer and consumer, often sellers make exaggerated claims
and advertisements, which they do not
intend to fulfill. This leaves the consumer in a difficult position with very
few avenues for redressal. The onset on intense competition also made
producers aware of the benefits of
customer satisfaction and hence by and large, the principle of “ consumer is
king” is now accepted. The need to recognize and enforce the rights of
consumers is being understood and several laws have been made for this
purpose. In India, we have the Indian Contract Act, the Sale of Goods Act,
the Dangerous Drugs Act, the Agricultural Produce (Grading and
Marketing) Act, the Indian Standards Institution (Certification Marks) Act,
the Prevention of Food Adulteration Act, the Standards of Weights and
Measures Act, the Trade and Merchandise Marks Act, etc which to some
extent protect consumer interests.
However, these laws required the consumer to initiate action by way of a
civil suit, which involved lengthy legal process proving, to be too expensive
and time consuming for lay consumers. Therefore, the need for a more
simpler and quicker access to redressal to consumer grievances was felt and
accordingly, it lead to the legislation of the Consumer Protection Act, 1986.
Object of the Consumer Protection Act, 1986
The main objective of the act is to provide for the better protection of
consumers. Unlike existing laws, which are punitive or preventive in nature,
the provisions of this Act are
compensatory in nature. The act is intended to provide simple, speedy and
inexpensive redressal to the consumers’ grievances, and reliefs of a specific
nature and award of compensation wherever appropriate to the consumer.
The act has been amended in 1993 both to extend its coverage and scope and
to enhance the powers of the redressal machinery.
The basic rights of consumers as per the Consumer Protection Act (CPA) are
1. The right to be protected against marketing of goods and services which
are hazardous to life and property

2. 2. The right to be informed about the quality, quantity, potency, purity,
standard and price of goods, or services so as to protect the consumer against
unfair trade practices
3. The right to be assured, wherever possible, access to variety of goods and
services at competitive prices
4. The right to be heard and be assured that consumers’ interests will receive
due consideration at appropriate forums
5. The right to seek redressal against unfair trade practices or restrictive
trade practices or unscrupulsous exploitation of consumers
6. The right to consumer education
Extend and Coverage of the Act:-
The salient features of the Act are summed up as under:-
- The Act applies to all goods and services unless specifically exempted by
the Central Government.
- It covers all the sectors whether private, public or cooperative.
- The provisions of the Act are compensatory in nature. It enshrines the
following rights of consumers:-
- Right to be protected against the marketing of goods and services which
are hazardous to life and property.
-Right to be informed about the quality, quantity, potency, purity, standard
and price of goods or services so as to protect the consumer against unfair
trade practices;
-Right to be assured , wherever possible , access to a variety of goods and
services at competitive prices;
-Right to be heard and to be assured that consumers’ interests will receive
due consideration at appropriate forums;
-Right to seek redressal against unfair trade practices unscrupulous
exploitation of consumers; and -Right to consumer education
-The Act envisages establishment of Consumer Protection Councils at the
Central and State levels, whose main objects will be to promote and protect
the rights of the consumers
The CPA extends to the whole of India except the State of Jammu and
Kashmir and applies to all goods and services unless otherwise notified by
the Central Government.
Definitions of Important Terms
Before studying the provisions of the CPA, it is necessary to understand the
terms used in the Act. Let us understand some of the more important
definitions.
Complainant Means

3. 1. A consumer; or
2. Any voluntary consumer association registered under the Companies
Act,1956 or under any other law for the time being in force; or
3. The Central Government or any State Government, who or which makes a
complaint; or
4. One or more consumers where there are numerous consumers having the
same interest
Complaint means any allegation in writing made by a complainant that :-
1. An unfair trade practice or a restricted trade practice has been adopted by
any trader
2. The goods bought by him or agreed to be bought by him suffer from one
more defects
3. The services hired or availed of or agreed to be hired or availed of by him
suffer from deficiency in any respect
4. The trader has charged for the goods mentioned in the complaint a price
excess of the price fixed by or under any law for the time being in force or
displayed on the goods
or any package containing such goods.
5. Goods which will be hazardous to life and safety when used, are being
offered for sale to the public in contravention of the provisions of any law
for the time being in force, requiring traders to display information in regard
to the contents, manner and effect of use of such
goods ;with a view to obtaining any relief provided by law under the CPA.
Goods means goods as defined in the Sale of Goods Act, 1930. Under that
act, goods means every kind of movable property other than actionable
claims and money and includes stocks and shares, growing crops, grass and
things attached to or forming part of the land which are agreed to be severed
before sale or under the contract of sale. Service is defined to mean 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, board or lodging
or both, housing construction, entertainment, amusement or the purverying
of news or other information but does not include the rendereing of any
service free of charge or under a contract of personal service. Consumer
dispute means dispute where the person against whom a complaint has been
made, denies or disputes the
allegation contained in the complaint. Restrictive Trade Practice means any
trade practice which requires a consumer to buy, hire, or avail of any good
or as the case may be, services as a condition precedent for buying, hiring or
availing of any other goods or services.

4. Unfair Trade Practice means unfair trade practice as defined under the
Monopolies and Restrictive Trade Practices Act. The MRPT act has defined
certain practices to be unfair trade practices. The detailed definition is given
in the Consumer Protection Act, 1986 as amended by the Consumer
Protection (Amendment) Act. 1993. It means a trade practice which, for the
purpose of promoting the sale, use or supply of any goods or for the
provision of any service, adopts any unfair method or unfair or deceptive
practice including any of the following practices, namely: -
(a) False or misleading representation,
(b) Bargain price
(c) Offering of gifts, prize, contest etc.
(d) Non compliance of product safety standard.
(e) Hoarding or destruction of goods.
The Act may be consulted before filing a complaint for unfair trade practice.
Defect 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 or under any contract, express or implied,
or as is claimed by the trade in any manner whatsoever in relation to any
goods.
Deficiency means any fault, imperfection or 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.
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 actualy
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

5. 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;
i.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 Societies
Registration 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)
Structure
-To provide simple, speedy and inexpensive redressal of consumer
grievances, the Act envisages a three- tier quasijudicial machinery at the
National, State and District levels.
National Consumer Disputes Redressal Commission - known as “National
Commission”.
Consumer Disputes Redressal Commissions known as “State Commission.
Consumer Disputes Redressal Forums- known as “District Forum.
-The provisions of this Act are in addition to and not in derogation of the
provisions of any other law for the time being in force
What Constitutes a Complaint?
Under the Act, 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

6. (ii) Displayed on goods; or
(iii) Displayed on any packet containing such good;
Where to file a complaint
Consumer Protection Councils The interests of consumers are enforced
through various
authorities set up under the CPA. The CPA provides for the setting up of the
Central Consumer Protection Council, the State Consumer Protection
Council and the District Forum
Central Consumer Protection Council
The Central Government has set up the Central Consumer Protection
Council which consists of the following members :-
(a) The Minister in charge of Consumer Affairs in the Central Government
who is its Chairman, and
(b) Other official and non-official members representing varied interests
The Central council consists of 150 members and its term is 3 years. The
Council meets as and when necessary but at least one meeting is held in a
year.
State Consumer Protection Council
The State Council consists of :-
(a) The Minister in charge of Consumer Affairs in the State Government
who is its Chairman, and (b) Other official and non-official members
representing varied
interests
The State Council meets as and when necessary but not less than two
meetings must be held every year.
Redressal Machinery under the Act The CPA provides for a 3 tier approach
in resolving consumer disputes. The District Forum has jurisdiction to
entertain complaints where the value of goods / services complained against
and the compensation claimed is less than Rs. 5 lakhs, the State Commission
for claims exceeding Rs. 5 lakhs but not exceeding Rs. 20 lakhs and the
National Commission for claims exceeding Rs. 20 lakhs.
District Forum
Under the CPA, the State Government has to set up a district Forum in each
district of the State. The overnment may establish more than one District
Forum in a district if it deems
fit. Each District Forum consists of :-
(a) A person who is, or who has been, or is qualified to be, a District Judge
who shall be its President
(b) Two other members who shall be persons of ability, integrity and
standing and have adequate knowledge or experience of or have shown

7. capacity in dealing with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration, one of whom shall
be a woman.
Appointments to the State Commission shall be made by the State
Goverrnment on the recommendation of a Selection Committee consisting
of the President of the State Committee, the Secretary - Law Department of
the State and the secretary in
charge of Consumer Affairs Every member of the District Forum holds
office for 5 years or
upto the age of 65 years, whichever is earlier and is not eligible for re-
appointment. A member may resign by giving notice in writing to the State
Government whereupon the vacancy will be filled up by the State
Government.
The District Forum can entertain complaints where the value of goods or
services and the compensation, if any, claimed is less than rupees five lakhs.
However, in addition to jurisdiction over consumer goods services valued
upto Rs. 5 lakhs, the District Forum also may pass orders against traders
indulging in unfair trade practices, sale of defective goods or render
deficient services provided the turnover of goods or value of services does
not exceed rupees five lakhs.
A complaint shall be instituted in the District Forum within the local limits
of whose jurisdiction -
(a) The opposite party or the defendant actually and voluntarily resides or
carries on business or has a branch office or personally works for gain at the
time of institution of the complaint; or
(b) Any one of the opposite parties (where there are more than one) actually
and voluntarily resides or carries on business or has a branch office or
personally works for gain, at the
time of institution of the complaint provided that the other opposite
party/parties acquiescence in such institution or the permission of the Forum
is obtained in
respect of such opposite parties; or
(c) The cause of action arises, wholly or in part.
State Commission
The Act provides for the establishment of the State Consumer Disputes
Redressal Commission by the State Government in the State by notification.
Each State Commission shall consist of:-
(a) A person who is or has been a judge of a High Court appointed by State
Government (in consultation with the Chief Justice of the High Court ) who
shall be its President;

8. (b) Two other members who shall be persons of ability, integrity, and
standing and have adequate knowledge or experience of, or have shown
capacity in dealing with,
problems relating to economics, law, commerce, accountancy, industry,
public affairs or administration, one of whom must be a woman. Every
appointment made under this hall be made by the State Government on the
recommendation of a Selection Committee
consisting of the President of the State Commission, Secretary - Law
Department of the State and Secretary in charge of Consumer Affairs in the
State. Every member of the District Forum holds office for 5 years or upto
the age of 65 years, whichever is earlier and is not eligible for re-
appointment. A member may resign by giving notice in writing to the State
Government whereupon the vacancy will be filled up by the State
Government.
The State Commission can entertain complaints where the value of goods or
services and the compensation, if any claimed exceed Rs. 5 lakhs but does
not exceed Rs. 20 lakhs;
The State Commission also has the jurisdiction to entertain appeal against
the orders of any District Forum within the State The State Commission also
has the power to call for the records and appropriate orders in any consumer
dispute which is pending before or has been decided by any District Forum
within the State if it appears that such District Forum has
exercised any power not vested in it by law or has failed to exercise a power
rightfully vested in it by law or has acted illegally or with material
irregularity.
National Commission
The Central Government provides for the establishment of the National
Consumer Disputes Redressal Commission The National Commission shall
consist of :-
(a) A person who is or has been a judge of the Supreme Court, to be appoint
by the Central Government (in consultation with the Chief Justice of India )
who be its President;
(b) Four other members who shall be persons of ability, integrity and
standing and have adequate knolwiedge or experience of, or have shown
capacity in dealing with, problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration, one of whom shall be
a woman Appointments shall be by the Central Government on the
recommendation of a Selection Committee consisting of a Judge of the
Supreme Court to be nominated by the Chief Justice of India, the Secretary

9. in the Department of Legal Affairs and the Secretary in charge of Consumer
Affairs in the
Government of India. Every member of the National Commission shall hold
office
for a term of five years or upto seventy years of age, whichever is earlier and
shall not be eligible for reappointment. The National Commission shall have
jurisdiction :-
(a) To entertain complaints where the value of the goods or services and the
compensation, if any, claimed exceeds rupees twenty lakhs:
(b) To entertain appeals against the orders of any State Commission; and
(c) To call for the records and pass appropriate orders in any consumer
dispute which is pending before, or has been decided by any State
Commission where it appears to the
National Commission that such Commission has exercised a jurisdiction not
vested in it by law, or has failed to exercise a jurisdiction so vested, or has
acted in the exercise of its
jurisdiction illegally or with material irregularity. Complaints may be filed
with the District Forum by :-
1. The consumer to whom such goods are sold or delivered or agreed to be
sold or delivered or such service provided or agreed to be provided
2. Any recognised consumer association, whether the consumer to whom
goods sold or delivered or agreed to be sold or delivered or service provided
or agreed to be provided, is a member of such association or not
3. One or more consumers, where there are numerous consumers having the
same interest with the permission of the District Forum, on behalf of or for
the benefit of, all consumers so interested
4. The Central or the State Government. On receipt of a complaint, a copy of
the complaint is to be referred to the opposite party, directing him to give his
version of the case within 30 days. This period may be extended by another
15 days. If the opposite party admits the allegations contained in the
complaint, the complaint will be decided on the basis of materials on the
record. Where the opposite party denies or disputes the allegations or omits
or fails to take any action to represent his case within the time provided, the
dispute will be settled in the following manner :-
I. In case of dispute relating to any goods : Where the complaint alleges a
defect in the goods which cannot be determined without proper analysis or
test of the goods, a sample of the goods shall be obtained from the
complainant, sealed and authenticated in the manner

10. prescribed for referring to the appropriate laboratory for the purpose of any
analysis or test whichever may be necessary, so as to find out whether such
goods suffer from any other
defect. The appropriate laboratory’ would be required to report its finding to
the referring authority, i.e. the District Forum or the State Commission
within a period of fortyfive
days from the receipt of the reference or within such extended period as may
be granted by these agencies.
How to File a Complaint
Procedures for filing complaints and seeking redressal are simple.
There is no fee for filing a complaint before the District Forum, the State
Commission or the National Commission. ( A stamp paper is also not
required) There should be 3 to 5 copies of the complaint on plain paper.
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 Consumers
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;

11. (g) Withdrawal of the hazardous goods from being offered to sale; or
(h) Award for adequate costs to parties.
Procedure for Filing the Appeal
Procedure for filing 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.
Speedy Disposal
The thrust of the Act is to provide simple, speedy and inexpensive redressal
to consumers’ grievances. To ensure speedy disposal of consumers’
grievances, the following provisions
have been incorporated in the Act and the rules farmed thereunder:-
It is obligatory on the complainant or appellant or their authorized agents
and the opposite parties to appear before the Forum/Commission on the date
of hearing or any other date to which hearing could be adjourned.
The National Commission, State Commission and District Forums are
required to decide complaints, as far as possible, within a period of three
months from the date of notice received by the opposite party where
complaint does not require analysis or testing of the
commodities and within five months if it requires analysis or testing of
commodities.
The National Commission and State Commissions are required to decide
the appeal as far as possible, within 90 days from the first date of hearing.
Read the following questions for a better understanding of the Act:
Q1. I have instituted a complaint before the Consumer Court against a
Medical Practitioner. My complaint has been challenge on the ground that a
Medical Practitioner cannot be sued under the Consumer Act. What does
law provide?
A. Yes, a medical practitioner can be sued under the Consumer Protection
Act 1986 for his or her professional negligence resulting in damage to
patient. Section 2 (d) in defining a

12. consumer in Clause (ii) uses the expression ‘hires and avails of”. The word
“hire” means employ of wages or fees”.
Secondly the words “any service” in s. 2 (d) (ii) in Consumer Protection Act.
A eloquent to bring the delinquent medical practitioners within the ambit of
Consumer Protection Act.
Thirdly, s. 2 (o), Consumer Protection Act which defines service exempts
only two types of services, one “service free of charge” and another
“contract of personal service” postulates a
relationship of master and servant. A medical man whose service is
requisitioned for a patient answers the clause “ contract of service” but never
“a contract of personal service”. So, a negligent medical professional can be
proceeded under the Consumer Protection Act 1986.
Q2. I had purchased seeds from a party. The seeds did not germinate. The
other party took the plea that I was not a consumer. Whether purchase of
seeds for the purpose of
agriculture is purchase for commercial purpose?
A. Purchase made for agriculture is not for commercial purpose. Therefore,
the complainant is a consumer and entitled to seek redressal of his grievance
in a Consumer Court against the party which supplied defective seed to him.
Q3. I had got a confirmed ticket on Sahara Airways. The flight was later
cancelled on account of technical snag. Is it a deficiency in service?
A. Cancellation of flight on account of technical snag is not deficiency in
service as it is due to unavoidable circumstances. However, you ought to be
allowed refund of the fare but no
compensation can be granted on account of any loss suffered by you (if any)
because of the said cancellation.
Q4. I was allotted a Maruti Car. There was a delay in delivery of the car.
Subsequently, the dealer called upon me to make further payment as the
price of the car had gone up. Am I
liable to bear the price increase on account of delay caused by the dealer?
A. You are not liable to pay any price increase in the above mentioned
circumstances since the increase in price is totally on account of the delay on
the part of the dealer for which a
consumer cannot be made to suffer.
Q5. Does rejection of application for grant of loan by a Bank constitute
deficiency in service for which I can approach the Consumer Court?
A. The Bank has a wide discretion in the matter of granting loans and
advances and continuing disbursement of loans sanctioned .The Consumer
Courts cannot sit in judgement over the discretion exercised by the Bank and
as such you will not succeed in any such action, if taken by you.

13. Q6. The transformer, which was supplying electricity to me, got burned and
was replaced by the department after about two months. However, However
I was billed with consumption charges. Am I liable to pay any such charges
when there was no consumption of electricity by me?
A. When the electricity was not supplied and the electricity bills produced
by you showed that there was no consumption of electricity by you and
admittedly the reason for that was burning of the transformer, you are not
liable to pay any minimum charges.
Q7. I had applied for electricity connection. However, power supply was not
provided to me. Can I seek redressal of my grievance in Consumer Court?
A. Your grievances is that you application for electricity connection was not
granted. Electricity may be a service but the hiring of the service is not
complete till the Electricity Board sanctions service. Hence, you can’t
approach a Consumer Court for redressal of your said grievance. Your
remedy is to file a civil suit in the Court of law against the Electricity Board.
Q8. Can Consumer Forums adjudicate disputes involving scale of pay?
A. No, Consumer Forums do adjudicate dispute-involving scale of pay.
Q9. I had applied for subscription in Rajlakshmi scheme of UTI. The
essence of the scheme was that the sum of money deposited with the UTI
would grow 21 times in 28 years. However subsequently, the UTI extended
the maturity date by two years. Can I approach a Consumer Court?
A. Unilateral alteration of terms of payment by the UTI in their above
scheme is “Deficiency in Service” for which you can seek relief in a
consumer court.
Q10. My car met with an accident. The insurance claim was rejected on the
ground that my driver was not holding valid driving license. Should I
approach a Consumer Court for seeking the Insurance claim?
A. The Consumer Court will not be able to grant you any relief since the
driver employed by you did not have a driving license. You were bound
under law to check the ability of the person employed by you and the failure
in holding a license for driving well debar you from claiming the Insurance
Claims.
Q11. I had purchased a fridge, which suffered from several defects, and
those defects could not be removed or repaired by the Company. Can I seek
redressal of my grievance?
A. You can certainly seek redressal before the Consumer Forum. In a similar
case as yours, the Forum appointed a Local Commissioner who corroborated
the version of the complainant. It was held by the Forum that the fridge was
found to be defective within the period of warranty. The opposite party was
directed to replace the unit with a new one.

14. Q12. I filed a complaint before the State Commission regarding payment of
policy amount in death claim, which was allowed to me by the State
Commission. I wish to file another complaint claiming the Double Accident
Benefit. Can I do so?
A. It is well-settled principal of law that one can not educate the same cause
of action before a court of law or before another adjudicating Forum after it
had already been adjudicating upon earlier. This is the basis for the relevant
provisions under the Code of Civil Procedure, 1908 (CPC) which embody a
sound principal of law to obviate multiplicity of litigation. Even
though Consumer Forums are not governed by the CPC yet the sound
principles of law and procedure embody in that CPC are followed by the
Forums. Consequently, second complaint filed on the same cause of action
would not be maintainable.
Q13. I had applied for allotment for a plot and paid Rs.100 as registration
fees. At the time of draw my name was not included. I lodged a complaint
before the Consumer Forum, wherein the Housing Board argued that I was
not a “Consumer” since no allotment had taken place. What is the correct
position in law?
A. Where the complainant had paid for the cost of application form as well
as the registration fee, he is the potential user and the nature of transaction is
covered by the expression “service of any description”. As such the
complaint is maintainable. The
Housing Board is deemed to have undertaken to include your name in the
draw of lots for allotment of a plot. However, your application has not been
considered because your name
was not included in the draw. The only inference that can be drawn is that
the person who prepared the list was negligent in discharge of his duty. You
can proceed on this ground.
Q14. My grievance is that I had registered with the M.I.G.scheme of the
Haryana Housing Board and the board had escalated the price of the flats
three times within a period
of two years. Does my case lie within the jurisdiction of Consumer Forums?
A. It has been laid down that under Consumer Protection Act the pricing
policy of flats cannot be adjudicated upon by Consumer Forums. The
question of pricing of the flat by
Housing Board is not a Consumer dispute. If any amount has been illegally
charged from you by Housing Board , you can recover the same through a
civil court.

15. Q15. A Complainant filed a case against our company who’s grievance
related to transactions dating back to years 1994- 95 while the complaint
was filed in the year 1999. Is the complaint within time?
A. Session 24 A of the Consumer Protection Act, 1986 provides a limitation
period of two years within which the complaint is required to be filed . In the
light of the above, the
complaint is time barred and hence not maintainable.
Q16. My grievance is that I am not getting regular supply of water. What
can I do against the concerned Government Authority before a Consumer
Forum?
A. The Government supplying water is performing a statutory functions
which can not termed to be rendering of service. Hence the Consumer
Forums have no jurisdictions to entertain such a complaint.
Q17. My grievance is that a Hospital where I was treated declined to give
me the medical records pertaining to my treatment and operation for Ulcer.
Can it be termed a deficiency is service on the part of the hospital?
A. There is no negligence on the part of the hospital by reason of such
failure to supply the said papers unless there was a legal duty cast on the
hospital to furnish such documents to the patients, which has to be seen from
their Rules and Regulations.
Q18. A registered letter sent to me was not delivered. What is the liability of
an employee of the Post Office in this matter?
A. Section 6 of the Indian Post Office Act 1878 provides that the
Government shall not incur any liability by reasons of the loss, mis-delivery
or delay or damage to any postal article in course of transmission by post
except in so far as such liability is made in express terms to be undertaken
by the Government and no Officer the Post Office shall incur any liability by
reason of such loss, mis-delivery , delay or damage unless he had caused the
same fraudulently or by his willful act or default. In view of the said Section
6, your complaint is not maintainable unless there is allegation an of fraud or
willful act of negligence
of any postal employee.
Q19. A Superfast Train in which I was travelling was delayed for long hours
without any reason. Can this be a ground for filing a complaint against the
Railways?
A. Additional charges are taken by the Railways from the passengers
travelling by a Superfast Train. If the trains are delayed for long hours and
the delay has not been properly explained it amounts to deficiency in service
and therefore the Railway is bound to refund the excess charges.

16. Q20. I am a shareholder of HLL. Despite having made all the payments, the
share certificates were delivered very late. I have claimed the loss in terms
of the escalation in the
market price of the share. Is my claim valid?
A. Share market is a speculative market and there is bound to be fluctuation
in value of shares of the company depending on market condition. Merely
because the value of the share went up you are not entitled to get
compensation at the increased
rate, as damages are remote damages.
Q21. I had paid the telephone bill but inspite of that the telephone
department disconnect my telephone without any notice. Can the department
disconnect the telephone without notice to the subscriber?
A. Disconnection cannot be effected without notice to the subscriber. The
Department is bound by law to give such a notice. You can seek
compensation for the same alongwith
restoration of the connection.
Q22. I had bought a scooter in last May, after some months it is creating
problem to me. When I complained to Service center they serviced it and say
the problem was removed.
But last week it is creating the same problem again. When I complained
them they return me the Scooter next day and they say again that the
problem was removed. But today it
is creating the same problem to me. Can I go to file a case in consumer
forum.
A. You can definitely file a case before the Consumer Forum but the ideal
remedy at this stage would be to complain to the company i.e. Bajaj
Scooters Ltd. against the service center and wait for their response. In case
nothing is done even after this, then it will be prudent to file a case in the
Consumer Forum.
Q23. We have been buying Parag milk packet 500 ml from a retailer. The
packet though gives only 400ml. What action can we take against the
company.
A. There is clear case of cheating and you can file a criminal complaint
under Section 421 of the Indian Penal Court. Besides filing a Criminal
complaint, you can also approach a Consumer Court for this purpose. You
must collect adequate evidence before doing the same, i.e.; retain a sealed
packet of Parag Milk which indicates the quantity of 500ml but actually
weighs 400ml.

17. Q24. I had deposited a booking amount with Pal-Peugeot, letter the same
was cancelled but no refund has come so far, for the last two years. The
matter was referred to Delhi
Consumer forum who referred to than (Maharashtra) consumer forum.
Documents were sent to them but of no avail, again it was sent by us to
Delhi as the deposit was made to Premnath Motors Delhi but Delhi
Consumer forum has again written to follow than.
A. You should file an appeal before the State Commission against the order
of the Consumer Forum. Since the cause of action arose at Delhi, i.e.; the
Distributor was located at Delhi and money also seems to have been paid at
Delhi the Delhi Consumer Forum had the jurisdiction in case the distributors
(who work at Delhi) have been made parties to the said petition. You should
file an appeal against both the manufacturers as well as the distributors, i.e.;
Prem Nath Motors against the order.
Q25. I purchased on 1.1.2000 from a shop in Panjim, Goa a bottle of Scotch
Whiskey. I find that it is not original in that it tastes too sweat. It appears to
be spurious. I have written letters to the MD, Goa Tourism but there is no
reply. What remedy is available to me to the relief.
A. You can certainly file a complaint before the Consumer Forum against
supply of Spurious Whisky supplied to you as well as also lodge a Criminal
Complaint in this regard. However,
the difficulty (which is a major one) is that since the bottle of Whisky has
been open, it will be virtually impossible to prove that the contents of the
Whisky are the same as they were
when the bottle was sealed. Since, the legal system is totally based on
evidence / proof, it would not be a worthwhile exercise to institute any legal
proceedings in the facts and
circumstances of the present case.
Q26. I understand that under the Consumer Protection Act, a complain has
to be made within 2 years from the date on which the cause of action arose.
What happens in a case
where the 2 year period has elapsed because the I spent the time writing(and
replying to) to the manufacturer in the hope that he would replace the good?
What argument can I
give to the Forum in response to the plea of 2 years which I know will be
taken by the manufacturer?
A. It is correct that the Consumer Protection Act, provides for a limitation
period of two years for filing a complaint and the said period starts from the
date when the cause of action arose.

18. The same is provided under Section 24-A of the Consumer Protection Act,
1986. However, the Consumer Forum has the power to entertain a complaint
even after the said period in case it is convinced that the complaint could not
be filed within the said period on account of certain sufficient cause. Thus
you would have to give a good explanation in order to have the delay
condoned from the Consumer Forum. In case the only ground pleaded by
you is that you were corresponding with the Manufacturer and hoping to get
the goods replaced, the same would not be construed as sufficient reasons
for condoning the delay.
Q27. Can I claim for replacement. If they do not replace the vehicle can I
move to consumer forum. Who should I make a party i.e. the dealer, or the
LML company or both of them. The dealer is in Karol Bagh the company
office in Greater Kailash and factory’s regd. office in Kanpur in which
Jurisdiction/Zone should I file the complaint. Or any other detail which you
feel Justified to provide me.
A. You should again inform the Company about all the facts and steps taken
by them for removing the defect in writing and further pursue the matter
with the Company and try to get the defect rectified. In case your efforts fail
you can file the complaint with Consumer Forum at Delhi by making both
the Company and the Dealer as parties to the complaint. Replacement is
allowed by Forum if the defect is such that it is not possible to rectify the
same. Give the Delhi address of the company and file the complaint at
Delhi.
Q28. I injured my knee in a game of football on 31st December 1997. It was
diagnosed as ACL TEAR. For that I was operated upon in the knee on 2nd
March 1998. After the
operation my knee developed stiffness, which is unusual in such cases even
after undergoing physiotherapy for two months I was unable to bend or
straighten my knee. So after two months of operation my knee was
manipulated under anesthesia to relieve stiffness. A plaster was put on the
knee for one month. I was told to start walking . I used to walk with a limp.
For about 8 months I continued to walk with a limp but then my condition
deteriorated & in March-99 I had to start using crutches to move around. To
find out the cause of this pain I underwent investigative arthoscopy in June-
99 which revealed the
following 1. ACL Laxity 2. meniscus tear 3. patellofemoral osteoarthritis . I
was advised by the doctor to do physiotherapy, and take painkillers for the
pain, I am still doing physiotherapy, but neither the pain has reduced nor am
I able to walk without crutches, this whole experience has affected my life
badly. Can I sue the doctors for negligence / inefficiency. My both

19. operations were carried out in military hospitals, and they were done free of
cost since I am serving in army. So I can not go to Consumer protection
court. Please advise?.
A. You can file a writ petition in the High Court of judicature against the
hospital, making doctors responsible for your condition a party. You can
also seek damages alongwith the
appropriate action against the doctors and the management in the writ
petition .