Claims and Procedure

8/8/2019 Claims and Procedure

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` INTRODUCTION

` WHAT IS A COMPLAINT?

` WHO CAN FILE A COMPLAINT?

` WHERE TO FILE A COMPLAINT?

` HOW TO FILE A COMPLAINT?

` PROCEDURE ON ADMISSION OF COMPLAINT?

` APPEAL TO DISTRICT FORUM,STATECOMMISSION,NATIONAL COMMISSION AND SUPREMECOURT.


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` To provide simple, speedy and inexpensive

redressal of consumer grievances, the consumer

protection act 1986 provides:

` Three-tier quasi-judicial machinery

- district

- state

- national


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Complaint means any allegation in writing made by a

complainant with a view to obtaining any relief under

the act.

` any unfair trade practice or restrictive trade practicehas been adopted by any trader or service provider.

` the goods bought by him or agreed to be bought by

him suffer from defects in any respect;

` the service hired or availed of or agreed to be hired oravailed of by him suffer from deficiency in any respect;


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` A trader or the service provider, as the case may be, haschanged fro the goods or for the services mentioned in thecomplaint, a price in excess of the price:

-fixed by or under any law fro the time being in force

-displayed on the goods-displayed on the price list exhibited by him by or under anylaw fro the time being in force;

-agreed between the parties.` Goods which will be hazardous to life and safety when used are

being offered for sale to the public.

` services which will be hazardous to life and safety when usedare being offered by the service provider .


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` The consumer

Any recognized consumersassociation

` One or more consumers

` The central or state government


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` Class complaints-consumer protection act

permitted representative complaints.

` It is files with a district forum by one or more

consumers, on behalf of, or for the benefit ofnumerous consumers having a common interest.

` Thus, the act can be used on behalf of a group of

consumers with a common cause in cases.


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` If value of goods or service provider and thecompensation , if any, claimed does not exceedsrupees 20 la hs the complaint would be filed in the

district forum.

` If the value of goods or services and thecompensation, if any, claimed exceeds rupees 20la hs but does not exceed rupees one crore the

complaint can be filed before the state commission.


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` If the value of goods or services and the

compensation, if any, claimed exceeds one crore

the complaint can be filed before the nationalcommission.

` The national commission shall also have the

jurisdiction to entertain appeal against the orders

of any state commission.


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3. the facts related to the complaint and when and where

it arose.

4. documents if any, in support of the allegations

contained in the complaint.

5. the relief which the complaint is see ing.

` It should be signed by the complainant and minimum

four copies should be filed.


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` Procedure in respect of goods where the defectalleged requires no testing or analysis.

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Procedure in respect of goods where the defectalleged requires testing or analysis.

` If the complaint relates to goods in respect of whichthe aforesaid procedure cannot be followed or if the

complaint relates to any service.


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`

Distinct forum shall have the same power as are vestedin a civil court under the Code of Civil Procedures,1908while trying to suit in respect of the following matters,namely :

` The summoning and enforcing the attendance of anydefendant or witness and examining the witness onoath.

` The discovery and production of any document or othermaterial object producible as evidence.

` The reception of evidence on affidavits.

Power of the district forum


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` The requisitioning of the concerned analysis or test from the

appropriate or from any other relevant source.

` Issue of any commission ( ie warrant conferring authority ) for

the examination of any witness.

` Any other matter which may be prescribed.

` Every proceeding before the Distinct Forum shall be deemed

to be a Judicial proceeding within the meaning of s.193 and

s.228 of the Indian Penal Code and the Distinct Forum shall

be deemed to be a civil court for the purpose of s.195 andChapter XXVI of the Code of Criminal Procedure,1973.


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` If the distinct forum is satisfied ( after the proceedings conducted

under s.13) that the goods complained against suffer from any

defect ,it shall issue an order to the opposite party directing him to

do one or more of the following things:

` To remove the defect pointed out by the appropriate laboratory from

the goods in question.

` To replace the goods with new goods of similar description which

shall be free from defects.

` To return to the complainant the price or as the case may be the

charges paid by the complainant.


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` To pay such amount as may be awarded by it ascompensation to the consumer for any loss or injury sufferedby the consumer due to the negligence of the opposite party.

` To remove the defects in goods or deficiencies in the servicesin question.

` To discontinue the unfair trade practice or the restricted tradepractice or not to repeat them.

` Not to offer hazardous goods for sale.

` To withdraw the hazardous goods from being offered for sale.

` To provide for adequate costs to the parties.


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` The complaint should be decided by the

redressal forum, as far as possible, within a

period of3

months from the date of noticereceived by the opposite party where complaint

does not require analysis or testing of the

commodities and within 5 months if it requires

analysis or testing of commodities.


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` Any person aggrieved by an order made by district forum mayprefer an appeal against such order to the state commissionwithin a period of30 days from the date of order.

` No appeal by a person who is required to pay any amount interms of an order of the district, shall be entertained by statecommission, unless the appellant has deposited 50 per centof the amount or Rs. 25000 whichever is less.

` Constitution of circuit benches (s17B)


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The provisions made under s 12,13 and

14 and the rules that were madethereunder for the disposal of complaints

by the district forum shall, with

modifications if necessary, will beapplicable to the disposal of disputes by

the state commission


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` Any person aggrieved by an order made by state commissionmay prefer an appeal against such order to the nationalcommission within a period of30 days from the date of order.[s19]

` No appeal by a person who is required to pay any amount in

terms of an order of the state commission, shall beentertained by national commission, unless the appellant hasdeposited 50 per cent of the amount or Rs. 55000 whicheveris less.

` Section 19A provides that an appeal filed before the statecommission or the national commission shall be heard asexpeditiously as possible and an endeavour shall be made tofinally dispose of the appeal within a period of 90 days fromthe date of its admission.


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` The provisions of sections 12, 13,14 and the

rules made thereafter for the disposal of

complaints by the district forum shall be

applicable to the disputes by the nationalcommission.

` The national commission shall have the power

to review any order made by it, when there is anerror apparent on the fact of the record.


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` Any person aggrieved by an order made by the nationalcommission may prefer an appeal against such order to thesupreme court,within a period of30 days from the date ofthe order.

` Supreme court will entertain an appeal after the expiry ofthe time only if it is satisfied that there was a sufficientcause for the delay.(s23)

` No appeal by a person who is required to pay anyamount in terms of an order of the national commission,

shall be entertained by supreme court, unless theperson has deposited 50 per cent of the amount or Rs.55000 whichever is less.


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` The complaint has to be admit within 2 years from

the date of the cause of action has arisen.

` The complaint would be entertained after the timeperiod only if the complainant satisfies that there

had been a sufficient cause for not filing the

complaint within such period.

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Claims and Procedure