Chapter: 2.1 Advantages of invoking Consumer Jurisdiction

Advantages of invoking CONSUMER JURISDICTION:
Consumer Protection Act, 1986 is not a substitute for the existing civil remedies. The existing redressal machinery and mechanisms still operate and aggrieved customers are entitled to approach civil courts. The redressal machinery set up under the Consumer Protection Act, 1986 is an additional facility as stated under Section 3 of the Act itself. This section says that the Act shall be in addition and not in derogation of the provision of any other law for the time being in force.

Advantages
The remedy available under CPA is an additional remedy and not a substitute The following are the most important advantages of seeking relief before a Consumer Forum instead of approaching a Civil Court. While evaluating the comparative benefits we may also consider the remedy available to consumers under the MRTP Act, 1986 (now replaced by the Competition Act, 2002:

Firstly administration of justice under the Consumer Protection Act is totally free. Consumer Courts do not levy a court fee in respect of legal proceedings.

Secondly consumer courts are expected to deliver speedy justice. Despite criticism on this aspect, some of which is justified, one agrees that consumer i courts certainly score over the civil courts.

You can be your own lawyer before Consumer courts. Though appearance of lawyers is not prohibited, consumer courts do not require appearance of lawyers and extensive long-winded arguments.

Procedural simplicity and amiable atmosphere prevailing in consumer courts is . more encouraging to an ordinary litigant as compared to lengthy and procedure oriented civil court proceedings.

Who can file a complaint?
I.    A consumer
II. Any voluntary consumer organization registered under the Societies Registration Act 1860- or under Companies Act 1956 or under any other law for the time being in force.
III. Central Govt. / State Government/ Union Territor

What Constitutes Service
Hon'ble Supreme Court has in Indian Medical Association v/s V.P. Shantha & Ors III (1995) CPJ (SC) very lucidly explained the meaning and scope of "service" as follows:

The definition of "service" in section 2(1) (0) of the Act can be split into 3 parts: the main part, the inclusionary part and the exclusionary part. The main part is explanatory in nature and defines "service" to mean service of any description, which is made availble to the potential users. The inclusionary part ecpressly includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or loading or both, housing construction, entertainment amusement or the purveying of news or other information. The exclusionary part excludes rendering of any service free of charge or under a contract of personal service.

The apex court went on to examine coverage of medical services under the act and held that the medical practitioners belonging to medical profession are covered within the purview of the provisions of the act.

What constitutes a complaint?
Complaint means any allegation in writing made by the complainant in regard to one or more of the following:
I.    That he has suffered loss or damage as a result of any unfair trade practices adopted by any trader.
II. That the goods mentioned in complaint suffer from one or more defects.
III. That the services mentioned in the complaint suffer from deficiencies in any respect.
IV. That the trader has charged a price in excess of the actual price fixed by any authority displayed on goods or displayed on any package containing the goods.

A complaint filed under consumer protection legislation may pertain to defect in goods, deficiency in service, overcharging for goods, public sale of hazardous or unsafe goods, unfair or restrictive trade practices adopted by a trader etc.

Defect means any fault, imperfection or shortcoming in quality nature or manner of performance which is required to be maintained under any law for the time being in force or under any contract and deficiency means any fault imperfection or shortcoming or inadequacy in quality, nature or manner of performance which is required to be maintained under any law for the time being in force or has been undertaken to be performed in pursuance to a contract or in relation to a service.

As provided under S.24 A of Consumer Protection Act, a complaint has to be filed within 2 years from the date on which cause of action arises.

Where to file a complaint
A complaint should be filed in a District Forum, State Commission or National Commission depending on the quantum of amount involved and within the limits of whose jurisdiction all the opposite parties reside or carry on business or any one of the opposite parties resides or carries on business (with the permission of District Forum or acquiescence of the opposite party not residing there) or where the cause of action wholly or in part arises. How to file a complaint:

A complaint should contain the following information:
a) Name and description and address of the complainant.
b) Name, description and address of the opposite party or parties.
c) The facts relating to complaint and when and where it arose.
d) Documents, if any, in support of the allegation contain in the complaint.
e) The relief which the complainant is seeking.

The complainant or his authorized agent should sign the complaint. Admission and Rejection of Complaints at the outset:

With a view to weed out prima facie untenable complaints S. 12 (3) has been incorporated by 2002 amendment providing for admission/ rejection of Complaints within 21 days' from the date on which a Complaint is received. Though the amending provision does not elaborate the grounds of rejection of a Complaint, the purpose of the amendment appears to be, to reject interalia speculative and vexatious complaints at the very outset. However, in the event of rejection of a complaint an opportunity of being heard should be given to the Complainant.