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We can understand the scheme of The Consumer Protection Act, 1986 under the following heading:
Who is a Consumer?
Anybody, any legal entity who purchases a product or avails a service for aWho is not a Consumer consideration, either for his personal use or to earn his livelihood by means of self-employment is a consumer.
A person or legal entity who purchases any goods or avails any service free of charge;
If he purchases a good or hires a service for commercial purpose;
He is not a consumer if he avails any service under contract of service
What is a consideration for consumer:
Partly paid and partly promised money
What are the Goods
“Goods” means every kind of movable property other than actionable claims and money. It includes stock and shares, growing crops, grass, and things attached to or forming part of the land, which is agreed to be severed before sale or under the contract of the sale.
“Service” means service of any description which is made available to potential users and include, but not limited to, 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 purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal services.
Its very important to determine the issue hence the services of expert Best Consumer Court Lawyer in Delhi should be taken as the entire controversy revolves around this.
Contract of Service – It implies a relationship of a master and servant and
involves obeying the order in the works to be performed and as to its mode and manner of performance. This does not come within the purview of the Consumer Protection Act.
Contract for Service – It implies a contract whereby one party undertakes to
render services e.g., profession or technical services to or for another in the
performance of which, he is not subject to detailed direction and control but exercises professional skills and uses his own knowledge and decisions.
What is a Defect in goods :
“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 trader in any manner whatsoever in relation to any goods.
It is always better to seek the opinion of Best Consumer Court Lawyer in Delhi for understanding the defect of goods in a consumer dispute.
Deficiency in Services
“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 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.
Unfair Trade Practice
“unfair trade practice” means a trade practice, which, for the purpose of promoting any sale, use or supply of any goods or services, adopts unfair method, or unfair or deceptive practice which may be a way of False Representation
Selling the goods and services are not of stated standard, quality or grade;
Second hand, renovated goods are sold as new ones by misrepresentation;
The goods and service do not give the claimed use, usefulness or benefit;
When products / services do not have the claimed warranty / guarantee;
The price of the products or service is misleading;
Making of false and misleading advertisements for sale at Bargain prices
Offering gifts, prizes, etc. to lure customers with no intention of providing
the same to the customers or intending buyers
Selling goods which do not fall within the safety standards set up by competent authority
Hoarding or destroying goods with the intention of raising the cost of these or similar goods manufactured in greater number so as to manipulate higher prices.
Manufacturing or offering spurious goods or adopting deceptive practices in the provision of services
The practice of mentioning “Goods once sold will not be taken back” or “No exchange”, or “No refund under any circumstances” are unfair trade practices. Such practices may be challenged before the courts by Best Consumer Court Lawyer in Delhi.
Understanding Restrictive Trade Practice under the Consumer Protection Act, 1986
Manipulation of price or conditions of delivery or to affect the flow of supplies in the market relating to goods or services in such a manner as to impose on the consumer’s unjustified costs or restrictions and shall include
a) Delay beyond the period agreed to by a trader in supply of such goods or
in providing the services which has led or is likely to lead to rise in the
b) Any trade practice which requires a consumer to buy, hire or avail of any
goods or, as the case may be, services as the condition precedent to buying, hiring or availing of other goods or services;
The rights guaranteed under the Consumer Protection Act
- Right to Safety
- The right to be protected against the marketing of goods and services, which are hazardous to life and property.
- Right to be informed
- The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.
- Right to Choose
- The right to be assured, wherever possible, access to a variety of goods and
- services at competitive prices.
- Right to be heard
- The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora.
- Right to Redressal
- The right to seek redressal against unfair trade practices or restrictive trade
- practices or unscrupulous exploitation of consumers.
CONSUMER COMPLAINT BEFORE CONSUMER COURT DELHI:
A complaint should be made in writing before court depending upon the value of the goods or services as prescribed. The main parameters for the filing of the consumer complaint is mainly-
Loss or damages 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 BEFORE CONSUMER COURT DELHI:
- Any consumer;
- Any voluntary consumer association;
- Central Government or any State Government;
- One or more consumers, where there are numerous consumers having the same interest
- In case of death of a consumer, his legal heir or representative can file a consumer complaint.
Where to file a Complaint?
The vlauation of the consumer complaint as per the Consumer Protection Act, 1986 is determined on the basis of the value which is as under:
District Consumer Disputes Redressal Forum (DCDRF): If the value of the
the claim is up to 20 lakh the 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.
The Consumer Protection Act provides for establishing Consumer Redressal Forum in each district headed by a President. On these lines the Consumer court Delhi are established. Consumer court in Delhi is bifurcated into various police districts based on the demarcation of the police stations. At present there are 10 district consumer redressal forums in Delhi situated in various parts of Delhi. 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 claim is up to 20 Lakhs
Above all the consumer courts in Delhi, the State Consumer Disputes Redressal Commission as provided under the Consumer Protection Act has been created which commands the administrative control over the Consumer court Delhi. The State Consumer Commission of Delhi is located at:
Delhi State Consumer Disputes Redressal Commission, A – Block, Vikas Bhawan, I.P.Estate
New Delhi -110002.
The details of the Consumer Court Delhi is given hereunder:
District Forum (North) Old Civil Supplies Building, Tis Hazari Courts, Delhi – 54.
District Forum (South – I), 2nd Floor, C – 22-23, Udyog Sadan, Qutab Inst. Area, Behind Qutab Hotel, Mehrauli, New Delhi.
District Forum (North-West) Convenient Shopping Centre, Block – C, Shalimar Bagh, Delhi.
District Forum (West) 150 -151, Community Centre, C – Block, Janak Puri, N.Delhi.
District Forum (North-East) Bunkar Vihar Complex, (Weavers Complex), Nand Nagri, Delhi.
District Forum (New Delhi) M-Block, Vikas Bhawan, I.P.Estate, New Delhi.
District Forum (South –West) Local Shopping Centre, Sheikh Sarai, Phase – II, Delhi.
District Forum (Central) I.S.B.T. Building, Kashmere Gate, Delhi.
District Forum (East) Convenient Shopping Centre, Saini Enclave, Delhi.
District Forum (South – 11), 3rd Floor, Behind Qutub Hotel,22-23, Udyog Sadan, Qutub Institutional Area, Mehrauli, New Delhi.
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