LEGALMAX has protected right of the consumer at all forums.
The Act provides for a three tier Consumer Disputes Redressal Agencies. These are: District Consumer Disputes Redressal Forum in the District, State Consumer Disputes Redressal Commission at the state level and the National Consumer Disputes Redressal Commission at the national level. When can complaint be made? A complaint may be made in writing under the following circumstances: Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider; the article purchased by a consumer is defective; the services availed of by a consumer suffer from any deficiency; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price; Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.
Who can file a Complaint?
- Any consumer Any voluntary consumer association
- Central Government or any State Government
- One or more consumers, where there are numerous consumers having same interest
- In case of death of a consumer, his legal heir or representative.
Where to file a Complaint?
As per the Consumer Protection Act, 1986 a complaint can be filed in:
- District Consumer Disputes Redressal Forum (DCDRF): If the value of the claim is up to 20 lakh State Consumer Disputes Redressal Commission (SCDRC)
- If the value of the claim exceeds ` 20 lakhs but is within one crore. National Consumer Disputes Redressal Commission (NCDRC) If the value of the claim exceeds one crore. District Forum: Each District has a District Forum.
District Forum consists of three members. Out of the three, one is President, who is or has been or is qualified to be a District Judge. One of the members shall be a woman. It entertains complaints where the value of the claim is up to ` 20 Lakhs. II State Commission:
• Each state has one State Commission.
• It consists of a President, who is or has been a Judge of a High Court and two other members, one of whom shall be a woman.
• Complaints can be filed in State Commission where the value of a claim is above ` 20 Lakhs up to ` one Crore.
• Appeals against the Orders of the District Forums can also be filed in the State Commission. III National Commission:
• The National Commission is located in Delhi.
• It consists of a President who is or has been a Judge of the Supreme Court and not less than four other members, one of whom shall be a woman.
• Complaints for value of claim exceeding rupees one crore can be filed in the National Commission.
• It takes appeals against Orders passed by the State Commissions.