Grievance and Redressal

With liberalisation and globalisation and greater thrust towards privatisation accompanied with heightened awareness on account of increased availability of information and media exposure today’s consumer has changed radically. There is a growing concern for environment protection and healthy consumption.

With liberalisation and globalisation and greater thrust towards privatisation accompanied with heightened awareness on account of increased availability of information and media exposure today’s consumer has changed radically. There is a growing concern for environment protection and healthy consumption.
At the same time the consumer wants greater value for the money spent by him. However, inspite of best efforts during the course of consumption a consumer may encounter many problems. Some of the significant problems are listed below :-

  • Adulteration
  • Spurious goods
  • Use of deceptive/incorrect rates
  • Supply related problems
  • Variation in the contents of the packet
  • Defective goods
  • Poor after sales services
  • Deficiency of service
  • Not-honouring the terms and conditions of sales and service
  • Non-fulfilment of guarantee/warrantee
  • Misleading advertisements
  • Hidden prices components
  • Price discrimination
  • MRP

    Grievance Redressal mechanism under CPA

    An aware consumer can approach Consumer Protection Act at three different levels. For complaints that involve payment of compensation upto Rs. 20 lakh, the consumer can approach District Consumer Court. For complaints above Rs. 20 lakh but less than 1 crore, consumers can approach State Consumer Commission. For complaints above one crore, the aggrieved person will need to approach the National Commission for redressal of his grievance.

    Documents required for complaints

    In order to substantiate complaints the consumers should have following documents :-

  • Cash memo/receipt
  • Warranty card duly signed and stamped by the vendor/company
  • Catalogue/brochure of the concerned product/service
  • Insurance policy, if applicable
  • Job card if applicable
  • Invoice

    Who can file a complaint?

    A complaint can be filed by:

  • A consumer to whom goods are sold or delivered or agreed to be sold or delivered or such services provided or agreed to be provided.
  • A Voluntary Consumer Organisation (VCO)
  • The Central Government
  • The State Government, Union Territory Administration
  • One or more consumers where they are of same interest
  • In case of death of consumer, his/her legal heir or representatives

    Grounds to File a Complaint

    Any allegation in writing made by the complainant against the trader or service provider should enlist :-

  • Adoption of any unfair trade practice or restrictive trade practice.
  • The goods bought or agreed to be bought suffer from one or more defects.
  • Services hired/availed, or agreed to be hired/availed, suffer from any deficiency.
  • The trader has charged for the goods or services a price in excess of the stipulated price i.e. MRP or displayed on goods or on the package.
  • The goods or services being offered to the public are hazardous to life and safety.

    Limitation period

    A complaint can be filed within two years from the date on which the cause of action has arisen. However, a complaint may be entertained after the period if the complainant had sufficient cause for not filing the complaint within such period by recording its reason for condoning such delay.

    Format of Complaint

    A complaint filed in the District Forum should contain the following information :-

  • The name, description and the address of the complainant
  • The name, description and address of the opposite party or parties
  • The facts relating to the complaint and when and where it arises.
  • Documents, if any, in support of the allegations contained in the complaint.
  • The relief, which the complainant is seeking.

    Maximum Retail Price

    The concept of maximum retail price (MRP) has not really been very well understood by the consumer. Issues relating to MRP could be broadly summed up as below :-

  • MRP has in most cases been used as a price at which the retailer sells the goods. In a sense the MRP has become Minimum Retail Price. However, few retailers cut marginally in the MRP.
  • MRP are fixed by the manufacturer and not by the Government. However, a large number of consumers have been made to believe that MRP is fixed by the Government. In some cases MRP is followed by local taxes etc. which is totally illegal.

    Role of regulators in helping the consumers

    The battle for consumer protection has to be fought by many agencies. The Consumer Protection Act has been rightly defined as the “Magna Carta of Consumers”. However, since the authority of products and services available in the market is huge the Central Government has realised the importance of regulating the functioning of important industries in public interest. Industry regulators have been set up in various sectors so as to enable the consumers suitable redressal on their grievance pertaining to these industries.

    Independent regulatory agencies are empowered to regulate the specific industry relevant to their area of function. Regulators are meant to be independent in not just by the political establishment but from the market players as well. Ability of an institution to deliver consistent regulatory environment over time and their level playing field for all stake holders is a crucial determinant of regulatory efficiency.

    Need is also being felt for setting up regulatory mechanism for other service sector agencies such as broadcast and cable, airport and others.

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