LAWLIGHTSBLOG: LAWLIGHTS- RIGHTS AND REMEDIES OF CONSUMER UNDER THE COPRA ACT PART 2

LAWLIGHTS- RIGHTS AND REMEDIES FOR CONSUMER AVAILABLE UNDER THE COPRA ACT (PART 2)

REMEDIES AVAILABLER CONSUMERS FROM CONSUMER FORA:

1. Removal of defects{ sec.2(1) (f)} from the goods

2. Replacement of the goods

3. Award of compensation for the loss or injury suffered.

4. To provide adequate costs to parties.

5. To issue corrective advertisement to neutralize the effect of misleading advertisement etc.

Read rights and duties of consumer part 1

click the above link

PROCEDURES AND DETAILS MUST BE KNOWN:

1. WHO CAN FILE COMPLAINT {sec. 2(1) (C)} REGARDING COPRA ACT 1986?

· Any consumer

· Any voluntary consumer association

· Central government or state government

· One or more consumers where there are numerous consumers having same interest.

· In case of death of a consumer legal heirs or his representatives, in case of minor parents can file.

2. HOW TO FILE A CASE OR LODGE A CONSUMER COMPLAINT MANUALLY AND ONLINE?

MANUALLY:

· Filed on a plain paper

· Stamp paper is not required for declaration

· Contain the details of the complainant { sec2 (1) (b)} and the opposite party.

· Registered by means of, in person, by the complainant or through his authorized agent or by the post addressed to the redressal agency.

· The fees charged are very nominal according to the case or value of claim.

THROUGH ONLINE:

· To lodge a complaint, Register in the official website of consumer online resource empowerment.

· Complaint can be registered against any registered brand or service provider or manufacturer.

· Process: details of the case, supporting document, can be attached through online also the consequences and relief can be mentioned.

3. WHAT ARE THE PARTICULARS NEED TO BE FURNISHED?

· Name and complete address of complainant

· Name and complete address of the opposite party/parties

· Date of purchase of the goods or services availed.

· Amount paid for the above purpose.

· Particulars of goods purchased with numbers or detailed of services availed.

· Details of the complaint, whether it is against unfair trade practice/ supply of defective goods/ deficiency in service provided/ collection of excess price, should explicitly be mentioned in the complaint petition.

· Bills/ receipts and copies of connected correspondence, if any.

· Relief sought for under this act.

· Complaint should be signed by the complainant or by the authorized agent.

4. WHAT IS THE FEE TO BE PAID BY A CONSUMER TO FILE A COMPLAINT?

· Up to 1 lakh rupees below poverty line: nil

· Up to 1 lakh rupees not in poverty line: RS100

· Above one lakh and up to 5 lakh: RS 200

· Above 5 lakh and up to 10 lakh: RS 400

· Above 10 lakh and up to 20lakh:rs 500

· Demand draft should be sent out to the president of CDRS

· Above 20lakhs and up to 50 lakhs: RS 2000

· Above fifty lakh and up to 1CRORE: RS 4000

· National commission: above 1 CRORE: RS 5000.

5. HOW TO CHECK CASE STATUS IN CONSUMER COURT?

· Once the complaint is submitted, they are assigned with an electronically generated number; this number will help to track the status of the case.

6. WHAT IS THE CONSUMER HELPLINE NUMBER?

· National consumer helpline: toll free 1800114000 OR 14404

· The state helpline number for TAMIL NADU civil supplies consumer protection department is 044-28592828, like every state has its own helpline number.

7. WHAT IS THE TIME LIMIT FOR FILING A CONSUMER COMPLAINT?

o Filed within 2 years from the date on which the cause of action arises.

8. DIFFERENCE BETWEEN CONSUMER FORUM AND CONSUMER COURT?

o Actually the correct terminology is forum not court but now both have become familiar with same meaning.

9. WHAT IS THE TIME DURATION TO RESOLVE A CASE IN CONSUMER COURT?

o Earlier it may take 3- 6 months but now it may take up to 1 year to 2 years depends upon the facts of the case.

FOR ANY QUERIES OR TO FILE COMPLAINT CHECK FOR THE BELOW LINK:

1. Website of the department:

http://consumeraffairs.nic.in

2. Website for national consumer disputes redresaal commission

http://ncdrc.nic.in/

3. Website for state consumer disputes redressal commission