Consumer Awareness

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Development of Art

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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

Under the Consumer Protection Act 1986, a consumer is guaranteed the following rights:

  • 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 and unscrupulous exploitation of consumers

  • Right to consumer education.

 The following can file a complaint under the Act:

  • A consumer

  • Any voluntary consumer organisation 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, having the same interest (Class action complaints)

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

(ii) Displayed on goods or

(iii)Displayed on any packet containing such good 

  • If the cost of goods or services and compensation asked for is up to Rs five lakh, then the complaint can be filed in the District Forum located at Pushpa Heights, Pune Satara Highway, Bibvewadi corner

  • If the cost of goods or services and compensation asked for is more than Rs five lakh , but less than Rs 20 lakh 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 exceeds Rs 20 lakh then the complaint can be filed before the National Commission at New Delhi

 The procedure for filing a complaint is very simple. It can be made on a piece of paper with the necessary particulars.

  • 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

What are the remedies available to a 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 relief:

(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

What is the procedure for filing an appeal?

If the consumer is not satisfied with the decision of the forum, then he may prefer an appeal against the decision.

  • 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.

Note: 1) There is no fee for filing appeal before the State Commission or the National Commission.

           2)  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.

 

School  Of Fine Art in its multidimensional social activities providing consumer welfare service and consultancy and Creating awareness in that light is  a main feature. We are creating mass appealing advertising campaign during Dhanuyatra of Bargarh and observe National Consumer Day as well as International Consumer Day to aware people of their right and duties.

We are also forming Consumer Clubs in 50 number of Educational Institution of Bargarh District With the support of District Administration.

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