We as a Consumer often buy goods and avail services, but we are unaware about our rights which are provided to every Consumer by virtue of the Consumer Protection Act, 1986. In the present write up the author has discussed the rights provided to the consumer and how to send a Legal Notice to the Seller or provider of services in case of any consumer complaint.
Rationale Behind the enactment of the Consumer Protection Act 1986
An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.
Who is a Consumer?
A consumer is a person who buys goods for its consumption or avail services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment but not for resale or commercial purpose. It also includes the beneficiary of such goods purchased or services availed.
What are the Rights of Consumer?
- Right Safety- against goods and services that are ‘hazardous to life and property’
- Right to Information- about the quality and quantity of goods being sold
- Right to Choose- between different products at competitiveprices
- Right to Seek Redresseal- to approach a consumercourt to file a complaint
- Right to be Heard- due recognition in consumer courts or redressal forums
- Right to Consumer Education- must be aware of their rights and must have access to enough information while making consumption decisions.
What fall under the category of defected goods?
“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 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.
Who can file the Consumer Complaint?
- Beneficiary of the goods or services
- Legal representative of the deceased consumer
- Legal heirs of the deceased consumer
- A relative of the consumer
- Insurance company
Time Frame within which a Complaint can be filed
This one is the most important, there is time limit to file the complaint to the consumer forum i.e. it must be filed within two years of the cause of action and if there are reasonable causes for delay in filing the complaint, you can always request the Consumer Forum to condone the delay.
Where to file the Complaint?
The Territorial Jurisdiction of filing the Complaint is-
- the opposite party resides or caries on business or has a branch office or personally works for gain, or
- the cause of action arose.
Which are the Redressal Agencies under the Consumer Protection Act?
- District Forum- Matters up to Rs. 20 Lakh
- State Forum- Matters above Rs 20 lakhs but below 1 Crore
- National Forum- Matters above 1 crore
Format for Legal Notice for Consumer Complaint
To,
Name of Party along with address of seller/service provider
Sir,
I do hereby serve you with the following legal notice:
- That undersigned is a consumer as I had purchased the (goods/services) from you, the addressee vide your receipt dated ————–by paying an amount of Rs—————
- Thatthe said product/service is not up to the mark due to the following defect:(Describe the defect)
- That, I had sent the email regarding my grievance but all efforts went into vein. It is further submitted that the above said act on your part has caused me great loss and damage besides mental tension, trauma and inconvenience and loss of value of money.
In such facts and circumstances, as stated herein above in the present legal notice, I hereby call upon you the addressee, replace/refund the said goods/services immediately within a period of 15 days from the receipt of this notice, failing which, I shall be constrained to take shelter of court of law at your cost, damages, compensation, and consequences, accordingly.
Signature
Name
Address
IF YOU WANT TO SEND THE LEGAL NOTICE, THEN CONTACT THE BEST LEGAL EXPERTS OF INDIA HERE
IF YOU HAVE RECEIVED THE LEGAL NOTICE AND WANT TO REPLY THEN CLICK HERE
Please contact the Professionals of Aapkaconsultant.com:-
OUR SERVICES
Company Registration I Trademark I Copyright I Patent I GST I MSME
ISO Certification I Website/App Policy I Legal Documentation
Annual Compliance I Connect Consultant
Visit: Aapka Consultant to get Online Services of CA CS & Lawyers
