Consumer Protection Laws
Consumer Protection Lawyers are for a person who buys goods and avails services from a producer or a seller or manufacture. Section 2(1)(d) of the consumer Consumer Protection Lawyersprotection Act,1986 defines a “Consumer”. The word Consumer means any person who buys or avails of any service/goods for a consideration which has been paid or promised or partly paid and partly promised under any system of deferred payment etc.
In general meaning, a consumer is a person who buys goods and services for his personal or private use not for commercial purposes by paying some consideration in return for a good or service. The Consumer Protection Law is for a person who buys not for commercial purposes to be considered as a consumer under the consumer protection Act. The purpose of purchase has to be personal to be eligible for the rights vested in a consumer by the consumer protection Act. The act provides certain rights to a consumer to protect the interest of a consumer in the commodities market.
Rights vested on a consumer
- Right to be protected against the marketing of goods and services. The purchased goods and services availed should not only meet their immediate needs but also fulfills long-term interests and guard against hazardous goods and services.
- To be informed about the goods or services availing about their quality, quantity, potency, purity, standard, and price of goods so as to protect the consumer against unfair trade practices.
- Assurance, wherever possible of entry to a variety of goods and services at a competitive price.
- Representation in various forums formed to consider the consumer’s welfare. Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.
- Seek redressal against unfair trade practices or unprincipled exploitation of consumers. It also includes the right to have a fair settlement of the genuine grievances of the consumer.
- Receive the knowledge and skill to be an informed consumer throughout life.
The objective of the Consumer Protection Law is to protect innocent buyers from exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.
What is the role of a Consumer Protection law and a Lawyer?
Goods/Services purchased by a person which may include daily necessity goods such as a house, food, clothes, medicines, utilities, etc. which are deficient and a consumer rights have been infringed or violated, the Consumer protection law comes to the rescue of such persons. The law is for persons who have been misled by false advertisement or swindled by the unfair business.
Rights under the Consumer Protection Law have been vested upon a buyer and it sets out procedures to enforce the remedies against violators. One must know his rights and protect himself/herself from malpractices of fake advertisements.
Consumer protection law protects consumers’ rights when they are injured by false or misleading advertising, defective products, data privacy breaches, and various other unfair trade practices.
A home buyer who has suffered at the behest of a developer for delayed possession or stalling the construction is an example of a consumer. Many persons especially NRI’s have purchased homes such as flats/apartments/villas from developers. Payments have been made from their savings, loans from friends, and family. There have been many cases where the developer has either stopped the project because of lack of permissions or finances, or the project has been delayed for a considerable time or the product handed over is not as per the assurances and promises made at the time of sale. This Homebuyer is a ‘Consumer’ and can seek protection under the Consumer Protection Law.
FAQs
+ Who is a Consumer?
Consumer is a person who purchase goods and avail services from a seller, producer or a manufacturer. A Consumer is a person who purchases a product or avails a service for a consideration for his personal use and not for commercial purpose. The consideration may be totally paid, totally promised, or partly paid and partly promised.
+ Who can file a complaint?
Any consumer, any voluntary consumer association, Central Government or any State Government, where there are numerous consumers having same interest and in deceased, his legal heir or representative.
+ When can a consumer file a complaint?
Where there is any defect found in the goods purchased or services availed the right of filing a complaint invested in the consumer. Defect in goods and deficiency in services may be the outcome of unfair trade practices, which is against the public interest at large.
+ Against whom a complaint is filed?
A consumer complaint can be filed against any seller, buyer, or manufacture that makes or assembles the parts of the goods with intent to gain merit or any person who provides such services to the consumer which is hazardous and cause threat to life or property.
+ What are the reliefs available to a consumer?
The statutory authority order:
- to remove the defects in the goods,
- to replace the goods,
- to return to the complainant the price of the goods,
- to pay such compensation for the loss or injury suffered by the consumer,
- to remove the defects from the goods or deficiency in the services provided,
- to discontinue the unfair trade practice or not to repeat it,
- to withdraw the hazardous goods from being presented for sale,
- to provide the cost of expenses incurred by the complainant.
+ Where a consumer complaint can be filed?
As per the Consumer Protection Act, 1986 a complaint can be filed in
- District Consumer Disputes Redressal Forum (DCDRF)
- State Consumer Disputes Redressal Commission (SCDRC)
- National Consumer Disputes Redressal Commission (NCDRC)
+ Is there any limitation for filing a complaint?
A consumer complaint has to be filed within the period of two years from the date on which the cause of action/ deficiency in service/defect in goods arises. However, the limitation period may be extended, if the complainant satisfies the court with a reasonable cause for delay in filing.
+ What are the rights of a consumer?
- Right to be protected against the marketing of goods and services. The purchased goods and services availed should not only meet their immediate needs, but also fulfils long term interests and guard against the hazardous goods and services.
- To be informed about the goods or services availing about their quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
- Assurance, wherever possible of entry to variety of goods and services at competitive price.
- Representation in various forums formed to consider the consumer’s welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.
- Seek redressal against unfair trade practices or unprincipled exploitation of consumers. It also includes right to have fair settlement of the genuine grievances of the consumer.
- Receive the knowledge and skill to be an informed consumer throughout life.
+ Where can a consumer file his complaint for home buyer under the consumer protection law?
The aggrieved home buyer can file a complaint under the consumer form and RERA (Real Estate regulatory Authority) established under The Real Estate (Regulation and Development) Act 2016. The aggrieved home buyer can claim in both the authorities but it to be seen that the compliant must be taken into consideration and justice to be delivered timely.
+ Is a Home buyer considered a consumer?
Yes, According to the definition of the consumer mentioned under the Consumer Protection Act, a person availing services and buying goods is a consumer, so a person buying a house is a consumer and can file a complaint either in consumer forum or under RERA (Real Estate Regulatory Authority).
+ Can a home buyer file a complaint?
Any consumer, any voluntary consumer association, Central Government or any State Government, where there are numerous consumers having same interest and in deceased, his legal heir or representative.
