FAQ

01. Who can approach the redressal agencies established

under the Consumer Protection Act for redressal of his
grievances?

A consumer, as defined in section 2(1)(d) of the Act, or any voluntary
consumer association registered under the Companies Act, 1956 or
under any other law for the time being in force or the Central
Government or any State Government or one or more consumers
where there are numerous consumers having the same interest, or in
case of death of a consumer, his legal heir or representative, can file a
complaint in writing alleging that an unfair trade practice or a
restrictive trade practice has been adopted by any trader or service
provider; or the goods bought by him or agreed to be bought by him
suffer from one or more defects; or the services hired or availed of or
agreed to be hired or availed of by him suffer from deficiency in any
respect; or a trader or the service provider, as the case may be, has
charged for the goods or for the services mentioned in the complaint,
a price in excess of the price - (a) fixed by or under any law for the
time being force; (b) displayed on the goods or any package
containing such goods; (c) displayed on the price list exhibited by him
by or under any law for the time being in force; (d) agreed between
the parties; or goods which will be hazardous to life and safety when
used are being offered for sale to the public (i) in contravention of any
standards relating to safety of such goods as required to be complied
with, by or any law for the time being in force of (ii) if the trader could
have known with due diligence that the goods so offered are unsafe to
the public; or services which are hazardous or likely to be hazardous
to life and safety of the public when used, are being offered by the
service provider which such persons could have known with due
diligence to be injurious to life and safety; with a view to obtaining
any relief provided by or under the Act.
02. How to approach and where to approach and what are the
requirements for filing a complaint before the State
Commission and the District Forums

No format is prescribed for filing a complaint. A complaint can be filed
even on plain paper. The services of an Advocate are not required.
Complaints, where the value of goods or services and the
compensation, if any, claimed does not exceed Rs. 20 lakhs, can be
filed before a District Forum where the Opposite Party or each of the
opposite parties where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides or carries
on business or has a branch office or personally works for gain, or any
of the opposites parties, where there are more than one at the time of
institution of the complaint, actually and voluntarily resides, or carries
on business or has a branch office or personally works for gain,
provided that in such case either the permission of the District Forum
is given or any of the opposite parties, who do not reside or carry on
business or have a branch office or personally work for gain, as the
case may be, acquiesce in such institution,; or the cause of action
wholly or in part had arisen.
In the case where the value of the goods or services and the
compensation, if any, claimed exceeds Rs.20 lakhs but does not
exceed Rs. 1 crore, in that event such a complaint can be filed before
the State Commission having jurisdiction and in case where the value
of the goods or services or compensation, if any, claimed exceeds Rs.
1 crore, in that event the complaint straightaway can be filed in the
National Commission situated at New Delhi.
03. What are the requirements for filing an Appeal against the
orders of the District Forums to the State Commission?

As per the provisions of the Act, any person aggrieved by an order
passed by the District Forum may prefer an appeal against such order
to the State Commission within a period of 30 days from the date of
order. The period of limitation for filing the appeal is to be computed
from the date of communication of the order to the aggrieved party.
Proviso to Section 15 of the Act provides that the State Commission
may entertain an appeal even after the expiry of said period of 30
days if it is satisfied that there was sufficient cause for not filing the
same within that period. The procedure for filing the statutory appeal
against the orders of the District Forums to the State Commission has
been laid down in Rule 8 of the Delhi Consumer Protection Rules,
1987.

04. In case the orders passed by the redressal agencies are not
implemented, remedy available to aggrieved person

In case the orders passed by the District Forum or by the State
Commission, as the case may be, are not implemented, the aggrieved
person has a right to file an Application for implementation of the
orders, under section 25 and/or under section 27 of the Act, as he
may be advised.