Consumer Protection Act 1986 is a benevolent legislation which envisages simple and speedy relief and compensation for consumers who suffer loss due to defect in goods, deficiency in service and unfair business practice. The Act is described as an alternative to the enormous cost and inordinate delay of the Civil Court. A consumer, defined under the Act, can on his own (without an advocate) file and agitate a complaint before the appropriate Fora (National Commission, State Commission, District Forum) which can each entertain the complaint where the monetary value of claim is within the limits of its pecuniary jurisdiction. The territorial jurisdiction must cover the area where the cause of action arose or where the Opposite party resides/has his office. The Limitation period for filing a complaint is within 2 yrs. from the date of cause of action/from the date of last communication exchanged and in some cases can even be a continuing cause of action beyond the limitation period of 2 years. Appeals and Revision Petitions are entertained and admitted in the State/National Commission with limitation of one month and three months respectively. Orders passed by the Consumer Fora can be executed for attachment of property or for penalties including fine and imprisonment for the defaulter. Read More...
Fee for making complaints before District Forum - (1) Every complaint filed under sub-section (1) of section 12, sub-section (1) of section 17 and clause (a) in sub- clause (i) of section 21 of the Act shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated. (2) The concerned authority referred to in sub-rule (1) shall credit the amount of fee received by it into the Consumer Welfare Fund of the respective State and where such fund is not established into the Receipt Account of the State Government and in the case of the National Commission, to the Consumer Welfare Fund of the Central Government.Read More...
CWA has reproduced below for the benefit of Consumers some important useful and relevant extracts from the Consumer Protection Regulations 2005 which will inform and guide consumers in the requirements and procedures applicable for filing complaints on their own and up to the time the complaint/appeal/revision petition/execution application is disposed of and decided by a judgment and order of the Consumer Fora Under Regulation 16, CWA is authorized to file complaint on behalf of a consumer or along with a consumer who will give CWA a Special Power of Attorney to appear argue and act through their Office-bearers, advocates, counsels. CWA has filed several hundred complaints which have been decided in the Forums, State Commission, Maharashtra and National Commission N.Delhi. Read More...
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