Unit VIII

Consumers and their Rights

(c) Dr Charu Mathur

Consumer

Consumer
Protection
Act,1986Consumer is King.
Caveat Emptor not applicable.

(c) Dr Charu Mathur

Consumer Redressal Agency

Forum

Presided by

Pecuniary lt

District Commission

Qualified to be
District Judge

Upto 20 lacs

State Commission

Qualified to be HC
judge

20 lacs to 1 crore

National Commission

Qualified to be SC
jude

Above 1 crore

(c) Dr Charu Mathur

Complaint Causes
Forums entertain cases for following causes:
Goods have defect;
Services are deficient;
An unfair or restrictive trade practice has
been adopted;
Goods hazardous to life and safety are being
offered for sale; or
A price higher than that mentioned on the
package or as reqd by the law, is being
charged.
(c) Dr Charu Mathur

Who is a consumer?

(c) Dr Charu Mathur

WHO CAN FILE A COMPLAINT?

A consumer can file a complaint under the
Act ,
Who is a Consumer?
A Consumer under the Act is:" One who buys any
goods, hires and service/services for a
consideration which has been paid or promised
or partly paid and partly paid and partly
promised under any system of deferred
payment."
(c) Dr Charu Mathur

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) Any voluntary consumer
association registered under the
Companies Act or any other law for
the time being in force.
(c) Dr Charu Mathur

Cont
iii) Class action complaints - one or more
consumers, where there are numerous
consumers having the same interest.
iv) The Central Government
v) The State Government or Union
Territory Administrations.
(c) Dr Charu Mathur

TIME FRAME WITHIN WHICH A

COMPLAINT CAN BE FILED

(c) Dr Charu Mathur

Time frame within which a

complaint can be filed
Section 24A of the Act provides that a
consumer dispute can be filed within two
years from the date on which the cause of
action arises.
The point of time when cause of action
arises is an important factor in
determining the time period available to
file a complaint. There are no set rules to
decide such time. It depends on the facts
and circumstances of each case.
(c) Dr Charu Mathur

The complaint should be filed within 2

years from the date of cause of
action.
Appeals are require to be filed within
30 days from the date of receipt of
the court's order.
(c) Dr Charu Mathur

 It may be noted that these time

frames are not absolute limitations. If
the Consumer Forum is satisfied that
there was sufficient cause for not
filing the complaint within the
prescribed period, it can entertain a
complaint beyond limitation time.
However the Forum must record the
reasons for condensation of delay.
(c) Dr Charu Mathur

Case-study
1. Rahul bought TV set from an electronic store for personal use at home. Is he a
consumer?
2. Raj on holiday with his family hired a taxi service. The taxi was in poor
condition, the driver rode rashly, car had a breakdown and Raj and family
could not reach airport on time. Is Raj a consumer?
3. Ajay bought pressure cooker for use by his family. His wife Suman was using
the cooker it burst. Is Ajay a consumer? Is Suman a consumer?
4. Akash runs a laundry shop. He bought a washing machine from an electronic
shop for using it at his shop. The machine was installed at his shop. The
machine was defective right from the time it was installed. Is Akash a
consumer?
5. Arora is a computer vendor. Hr brought 1000 iPads from Apple Inc for reselling
to other computer vendors. Is Arora a consumer?
6. Vijay bought cycles for purpose of hiring them to tourist who visits his
hometown Shimal. Rohan on his visit to shimla hired cycle from Vijay. The
cycle was defective and on uphill ride its handle broke and Rohan sustained
injuries. Is Vijay a consumer? Is Rohan a consumer? If yes then uder which s.
2(d)(i) or 2(d)(ii)?
(c) Dr Charu Mathur

 One or more consumer , where there

are numerous consumer having the
same interest with permission of the
district forum on behalf of or for the
benefit of all consumer so interested.
The state or central govt. either its
individual capacity or as a
representative of the interest of the
consumer in general.
(c) Dr Charu Mathur

PROCEDURE ON RECEIPT
OF COMPLAINTS
COMPLAINT WHERE LABORATORY
TESTING IS POSSIBLE OR
REQUIRED.

COMPLAINT RELATED TO SERVICE,

I.E, WHERE LABORATORY TESTING
IS NOT POSSIBLE.
(c) Dr Charu Mathur

STATE COMMISSION &

NATIONAL COMMISSION

(c) Dr Charu Mathur

DEFICIENCY IN SERVICE

(c) Dr Charu Mathur

Meaning
Section 2(1) (g) of the Act provides that,
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.
(c) Dr Charu Mathur

 Deficiency means any fault,

imperfection, shortcoming or inadequacy
in the quality, nature and manner of
performance.
Such quality and manner of performance
of service should have been required to be
maintained by or under any law for the
time being in force or undertaken to be
performed by a person in pursuance of a
contract or otherwise.
The deficiency must be in relation to a
(c) Dr Charu Mathur
service.

Meaning Of Service
[u/s 2(1)(o)]
Service of any description which is
made available its potential users
and includes but not limited to the
provisions of facilities in connection
with banking, financing, insurance,
.. But does not include the
rendering of any service free of
charge or under a contract of
personal service.
(c) Dr Charu Mathur

Examples
Bank of Maharashtra v/s Mrs Jyothi Satya
When the locker facility is provided by the
bank, the relationship b/w the bank and hirer of
a locker is not that of a landlord and tenant.
In event of loss of contents of lockers as a
result of robbery, the bank will be liable for
deficiency of service.

(c) Dr Charu Mathur

 Failure of the housing board to give

possession of the flat after receiving the
price and registering it in favour of the
allottee.
Non-delivery of consignment by the
courier.
Failure of railways to provide cushioned
seats in the first class compartment as per
specifications laid down by the board.
(c) Dr Charu Mathur

 The removal of ladder of an aircraft while

the passenger was disembarking and
thereby causing 10% permanent disability.
The fall of the passenger from a running
train while passing through the vestibule
passage.

(c) Dr Charu Mathur

Examples
Delay caused in returning of baggage
or tampering with baggage.
Failure in informing the unavailability
of a connecting flight.

(c) Dr Charu Mathur

DEFECT Sec 2 (1) (f)

Any fault, imperfection or
shortcoming in the quality, quantity,
potency, 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
trader in any manner whatsoever in
relation to any goods
(c) Dr Charu Mathur