Who is a consumer?
What are consumer rights?
How can consumer rights be protected?
Which remedies are available?
To whom a complaint can be made?
What is the procedure of filing a complaint / claim to get relief / damages?
What does damage mean?
What are the obligations of manufacturers?
What are the obligations of service providers?
How much damages can a consumer claim?
What are the things consumers should observe to protect their rights?
Is there any remedy available against bait advertisement?
Can consumer lodge complaint against an astronomer?
Is there any limitation for filing a complaint in court?
Is there any pre-requisite for filling a claim in courts?
Is right of appeal available under this Law?
|Who is a consumer?||Top|
Section 2(c) of the PCPA,2005 defines the term “Consumer” as under
|What are consumer rights?||Top|
According to the UN guidelines on consumer protection (1985), a consumer has eight basic rights, which are as follows
|How can consumer rights be protected?||Top|
|Only enactment and enforcement of the law by the Government does not serve. It always requires enthusiastic response from the citizen’s side. The consumers should register their complaints in the Consumer Courts or before Authority, as the case may be to mark the power of consumers and to protect their rights.|
|Which remedies are available?||Top|
|To whom a complaint may be made?||Top|
|Complaints may be made before the:
|What is the procedure of filing a complaint / claim to get relief / damages?||Top|
Guidelines For Consumers For Filing Complaints / Claims
The Consumer may file case / claim before Consumer Court which is headed by the District & Session Judge / Additional District & Session Judge. The violator may be punished by the Court, with imprisonment which may extend to two years or with fine which may extend to Rs.100, 000/- (Rupees one lac only) or with both in addition to damages or compensation as may be determined by the Court.
No Court fee is required for filing claim before Consumer Court.
Before Authority / DCO:
Any person may also file a complaint for violation of provision of following Sections of the Act before the Authority (DCO) on plain paper who, on being satisfied that such is the case, fine the violator that may extend to Rs. 50,000/- (Rupees fifty thousand only):-
No legal notice is required for filing complaints before Authority.
|What does damage mean?||Top|
|“Damage” means all damage caused by a product or service including damage to the product itself and economic loss arising from a deficiency in or loss of use of the product or service. (Section-2(d) of the Act)|
|What are the obligations of manufacturers?||Top|
|The manufacturer of a product shall be liable to the consumer for damages caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.|
|What are the obligations of service providers?||Top|
|A provider of service shall be liable to a consumer for damages proximately caused by the provision of service that have caused damages.|
|How much damages may a consumer claim?||Top|
|Consumer may file a claim for damages before a Consumer Court. Damages may be claimed according to sufferings or losses. There is no limit in this regard.|
|What are the things consumers should observe to protect their rights?||Top|
|Consumers should observe the following in order to protect their rights
|Is there any remedy available against bait advertisement?||Top|
|Yes, Bait advertisement is covered under Section-22 of the Act.|
|Can consumer lodge complaint against an astronomer?||Top|
No, detailed answer is provided in Section 2(k) of the Act which is as under
“services” includes the provision of any kind of facilities or advice or assistance such as provision of medical, legal or engineering services but does not include–
|Is there any limitation for filing a complaint in court?||Top|
|Yes, 30 days from arising of cause of action.|
|Is there any pre-requisite for filling a claim in courts?||Top|
|Yes, 15 days legal notice is pre-requisite for filing claim in Consumer Court.|
|Is right of appeal available under this Law?||Top|
|Yes, right of appeal is available under the law