Author: By Harsha Sharma
As we know that India’s middle class is expected to grow from about 30 percent of the population to 50 percent by 2030 resulting in increase in young population , disposable income, rapid urbanization and consumerism.
It may be noted that, when the population of middle and upper middleclass will get increased, the socio – economic phenomena of acquisition and consumption of goods and services will also get increased .
On the other hand due to increase in consumerism, the competition among the companies engaged in providing goods and rendering services will also shoot up and there may be high possibility of defects in quality of goods and deficiency in services .
Therefore, to protect the interests of ultimate consumers from mental agony and to make aware of their rights regarding defects in goods and deficiency in services this statute has been legislated.
Firstly, the complaints of any consumer regarding defects and deficiency in goods and services respectively under the Consumer Protection Act , 2019 are dealt at three levels.
Definitions
“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 or product and the expression “defective” shall be construed accordingly;
“deficiency” means any fault, imperfection, shortcoming or inadequacy in the or under any law for the 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 and includes—
Section 28 of the Act, empowers the State Government to establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State. State Government may also, if it deems fit, establish more than one District Commission in a district.
(a) a President; and
(b) not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government.
Section 42 empowers the State Government to establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State. The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette. State Government also empowers to establish regional benches of the State Commission, at such places, as it deems fit.
(a) a President; and
(b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.
Section 53 empowers the Central Government to establish a National Consumer Disputes Redressal Commission, to be known as the National Commission. The National Commission shall ordinarily function at the National Capital Region and perform its functions at such other places as the Central Government may in consultation with the National Commission notify in the Official Gazette. Central Government may also establish regional Benches of the National Commission, at such places, as it deems fit.
Section 54 provides that the National Commission shall consist of–
(a) a President; and
(b) not less than four and not more than such number of members as may be prescribed.
Pecuniary Jurisdiction – A complainant shall file a complaint where the value of the goods or services paid as consideration exceeds rupees ten crore.
A complaint may be made in writing under the following circumstances:
Section 69 of the act provides that the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
A complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.
Every complaint filed shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalized 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.
The complainants who are Below the Poverty Line shall be entitled for the exemption of payment of fee for complaints upto rupees one lakh on production of an attested copy of the Antyodaya Anna Yojana card.
If a complainant is,
Yes, e-commerce websites typically come under the purview of consumer protection laws and regulations. As online shopping has grown tremendously in popularity, governments around the world have updated their consumer protection framework and specifically focused on transactions segment which is conducted through digital platforms.
It may further be noted that each and every e-commerce website has to disclose every miniscule information about their products or services, including pricing, terms of sale, delivery charges, return policies, and contact details.
Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.
A consumer may file an application via different platform .
Firstly, a consumer may file an application through CPGRAM under the Ministry of Personnel , Public Grievance & Pensions ,there is an online platform for filing known as CPGRAM.
A Centralized Public Grievance Redress and Monitoring System (CPGRAMS) is an online platform available to the citizens 24×7 to lodge their grievances to the public authorities on any subject related to service delivery. It is a single portal connected to all the Ministries/Departments of Government of India and States. Every Ministry and States have role-based access to this system. CPGRAMS is also accessible to the citizens through standalone mobile application downloadable through Google Play store and mobile application integrated with UMANG.
Secondly, a consumer may file an application through INGRAM portal(National Consumer Helpine) under the Ministry of Ministry of Consumer Affairs, Food &Public Distribution
This website has been launched by the Department of Consumer Affairs to create awareness, advise and redress consumer grievances and act as a central registry for lodging consumer grievances. Though all efforts will be made to address these grievances, all grievances may not be fully or satisfactorily resolved.
Thirdly, consumer may also file an application through UMANG app. It provides a single platform for all Indian Citizens to access pan India e-Gov services ranging from Central to Local Government bodies.
Unified Mobile Application for New-age Governance(UMANG) is a mobile app, a Digital India initiative of Ministry of Electronics and Information Technology, by the Government of India for access to central and state government services.
It may further be noted that if a consumer is not satisfied with any of the above method , he may file a compliant via E-DAAKHIL portal under the INGRAM portal
Disclaimer:- The content of this blog have been prepared on the basis of legal provisions existing at the time of preparation and does not constitute legal opinion for this subject matter. We, at Lawnians assume no liability for use of this information. For detailed analysis and legal advice, you are requested to contact with our expert professionals of this subject matter.