(Shri Jagannath Badrinath, Advocate, Madras High Court writes on the legal remedies available for students, when they find deficiency of service from the Banks.)
THE FOLLOWING ARE THE LEGAL
REMEDIES AVAILABLE TO THE STUDENTS –
1.
The District Consumer
Forum as a Consumer – if there is a case where the bank has committed any
deficiency of service and negligence prima facie on part of the Bank.
2.
The District Munsif
Court or Local District Courts as a Plaintiff – if there is a prima facie case
there is a breach of contract and negligence and a case for damages can be
filed in the local District Munsif Court or District Court
3.
The High Court – As a
normal citizen to enforce the legal rights as guaranteed under Article 226 of
the Constitution of India against the Bank
AN OVERVIEW
ABOUT CONSUMER PROTECTION:-
(EXTRACTED FROM THE CONSUMER PROTECTION WEBSITE)
The Consumer Protection Act, 1986 (In short,‘The Act’) is a benevolent
social legislation that lays down the rights of the consumers and provides
their for promotion and protection of the rights of the consumers. The first
and the only Act of its kind in India, it has enabled ordinary consumers to
secure less expensive and often speedy redressal of their grievances. By
spelling out the rights and remedies of the consumers in a market so far
dominated by organized manufacturers and traders of goods and providers of
various types of services, the Act makes the dictum, caveat emptor (‘Buyer
Beware’) a thing of the past. To provide inexpensive, speedy and summary
redressal of consumer disputes, quasi-judicial bodies have been set up in each
District and State and at the National level, called the District Forums, the
State Consumer Disputes Redressal Commissions and the National Consumer
Disputes Redressal Commission respectively. At present, there are 629 District
Forums and 35 State Commissions with the National Consumer Disputes Redressal
Commission (NCDRC) at the apex. NCDRC has its office at Upbhokta Naya Bhawan,
'F' Block, GPO Complex, INA, New Delhi-110 023. Each District Forum is headed
by a person who is or has been or is eligible to be appointed as a District
Judge and each State Commission is headed by a person who is or has been a
Judge of High Court. The provisions of this Act cover ‘goods’ as well as
‘services’. The goods are those which are manufactured or produced and sold to
consumers through wholesalers and retailers. The services are in the nature of
transport, telephone, electricity, housing, banking, insurance, medical
treatment, etc. A written complaint, can be filed before the District Consumer
Forum for pecuniary value of upto Rupees twenty lakh, State Commission for
value upto Rupees one crore and the National Commission for value above Rupees
one crore, in respect of defects in goods and or deficiency in service. The
service can be of any description and the illustrations given above are only
indicative. However, no complaint can be filed for alleged deficiency in any
service that is rendered free of charge or under a contract of personal
service. The remedy under the Consumer Protection Act is an alternative in
addition to that already available to the aggrieved persons/consumers by way of
civil suit. In the complaint/appeal/petition submitted under the Act, a
consumer is not required to pay any court fees but only a nominal fee. Consumer
Fora proceedings are summary in nature. The endeavor is made to grant relief to
the aggrieved consumer as quickly as in the quickest possible, keeping in mind
the provisions of the Act which lay down time schedule for disposal of cases.
If a consumer is not satisfied by the decision of a District
Forum, he can appeal to the State Commission. Against the order of the State Commission
a consumer can come to the National Commission.
Functioning of District Forum, State Commission and National
Commission is consumer friendly, and thus a consumer can file a complaint and
also address arguments in person. In genuine cases where the complainant/
appellant/ petitioner before the National Commission is unable to engage the
services of an advocate legal aid is provided by the Commission free of charge.
RIGHTS OF THE CONSUMERS:-
|
Right to Safety
Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc |
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Right to be Informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques. |
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Right to Choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices |
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Right to be Heard
Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers |
|
Right to Seek
Redressal
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances. |
|
Right to Consumer
Education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success. |
IN THE CONSUMER FORUM:-
|
To provide simple, speedy and inexpensive redressal of consumer
disputes, the CPA envisages a 3-tier quasi-judicial machinery at the
National, State and District levels.
Consumers can file different types of complaints depending on
their specific grievance by visiting the Consumer Court at the district,
state or national level along with the documents required for filing the
complaint. Following is a list of documents that the prospective complainants
need to carry with them to the Consumer Court at the time of filing the
complaint.
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The basic, quick, fast and effective remedy is before the
District Consumer Form for Negligence of the Bank – Following is a list of documents that the prospective complainants need
to carry with them to the
Consumer Court at the time of filing the complaint
1. FEE FOR
MAKING COMPLAINANT,IF REQUIRED(KINDLY CONTACT LOCAL DISTRICT CONSUMER FORUM TO
CHECK WITH THE RESPECTIVE DISTRICT CONSUMER FORUMS AND STATE COMMISSIONS
PERTAININNG TO THE NAME IN WHICH IT HAS TO BE GIVEN)
2. COMPLAINT
WITH AFFIDAVIT
3. SUPPORTING
DOCUMENTS IN FAVOUR OF THE COMPLAINT E.G. RECEIPT, VOUCHER ETC.
4. LIMITATIONS,
IF ANY (2 YEARS FROM CAUSE OF ACTION)
5. INDEX
CHECKING AND TRACKING YOUR CONSUMER
CASE CAN BE DONE IN THE FOLLOWING WEBSITE:-
TRACKING THROUGH SMS:-
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Now you can get case status through SMS even if you don't have
internet connection. The PULL SMS service allows you to request for and
receive information about Next Hearing Date of the cases filled in
NCDRC/State Commission/District Consumer Forum by sending SMS through your mobile.
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Instruction for Pull SMS service:
|
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To get the information about the case, send SMS to 7738299899 in the
following format
CONFONET StateID/DistrictID/Case Number Case number should be case sensitive and match exactly as provided by consumer forum. Note:- For sending SMS, Charges will be applicaple as per your mobile network provider policy.
For example 1- If your case number is RP/1/2014 and filed at NCDRC, then send SMS
CONFONET 0/0/RP/1/2014
For example 2- If your case number is FA/1/2014 and filied at State Commission, Andhra Pradesh the
send SMS
CONFONET 16/0/FA/1/2014
For example 3- If your case number is CC/1/2014 and filied at Guntur, Andhra Pradesh the
send SMS CONFONET 16/512/CC/1/2014
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UPDATION THROUGH SMS AND EMAIL:-
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Auto SMS/E-mail
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 Whenever your case gets new date the complainant,
respondent and respective advocates will get an alert SMS from the confonet
application subject to the availability of the contact details consumer have
provided to the consumer forum. Whenever the your case gets new date the complainant,
respondent and respective advocates will receive the order through E-mail
from the confonet application subject to the availability of the email
details consumer have provided to the consumer forum.
Consumers are requested to provide updated email id and contact
details to the consumer forum while filing the case.
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Consumer Protection Act :- KEY HIGHLIGHTS
Definition of Consumer under
the Act:
A person who buys any goods or
services for a consideration which has been paid or promised or partly paid and
partly promised or under any system of deferred payment is a Consumer.
Note:
A person who obtains such goods
for resale or for any commercial purposes will not be a consumer. However, if
such goods are bought by a person exclusively for the purpose of earning his
livelihood by means of self-employment then such a person will be considered as
a consumer.
IN THE PRESENT CASE, THE CONSUMER IS THE STUDENT
WHO HAS TAKEN THE EDUCATIONAL LOAN AND THE BANK (INDUSTRY) IS THE ONE WHICH HAS
BEEN NEGLIGENT AND DEFICIENT IN THEIR SERVICES WHILE DEALING WITH THE
EDUCATIONAL LOAN.
What are the functions of the Consumer Clubs in
schools / colleges?
Consumer Clubs have to be
activated through some structured activities. Active Consumer Clubs may go
beyond this and also take up innovative activities. The following basic
structure of functioning is recommended:
· Monthly meetings and
demonstrations for one hour after school hours on the First Thursday of each
month. Each month a topic / activity may be scheduled as in the model calender.
· Days of National and
International importance to consumers may be celebrated in the School /
College. Poster / Speech / Essay competitions can be organised at school level
by the Consumer Club.
· Field visits to local markets /
Consumer Courts and door to door campaign in the local community etc., may be
organized for atleast 4 days in a year. It can be done on Saturdays by prior
arrangement.
· Minutes of each activity have
to be recorded by the Student and Teacher Co-ordinator jointly to document.
· A Consumer Club notice board
shall be opened to be updated daily by the teach and students with consumer
related news.
What are the steps to be taken
by the consumers against defectiveness?
On noticing the defectiveness
of the commodity / service provided the consumer has to approach the concerned
Commercial / Government organisation requesting for rectification / change of
commodity / return back of money, in writing. (with acknowledgement) If the
concerned organisation failed to take appropriate action, the District
Collector shall legally initiate action.
Who can make complaint?
· A consumer as defined under
Consumer Protection Act, 1986
· A registered Voluntary Consumer
Association
· Central Government
· State Government / Union
Territory
· one or more consumers
representing numerous consumers having the same interest.
When the complaints can be
made?
A complaint may be made in
writing under the following circumstances:
· Loss or damage is caused to the
consumer due to unfair trade practice of a trader.
· If the article purchased by a
consumer is defective.
· If the services availed of by a
consumer suffer from any deficiency.
· When the price paid by a
consumer is in excess of the price displayed on the goods or when the price is
in excess of the price fixed under any law in force.
· Goods, which will be hazardous
to life and safety, when used are being offered for sale to the public in
contravention of the provisions of any law.
What is District Consumer
Protection Council?
District Consumer Protection
Council is the council constituted under Consumer Protection Act, 1986 for each
district. District Collector acts as its Chairman, District Supply and Consumer
Protection Officer as Member-Secretary, and all the M.P.s, M.L.A.s and
officials of all Government Departments having Consumer interface of the
Concerned District as members along with the VCOs functioning in the District.
This Council shall meet twice in a year as per Consumer Protection Act, 1986. Representations
given by the VCOs during the meetings.
Where complaints can be
registered?
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District Consumer Protection
Council
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Action will be initiated legally
through the Department concerned on the petitions regarding the defects filed
before this Council which function under the chairmanship of the District
Collector
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Price of the commodity or value of
the services and value of compensation claimed
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District Consumer Forum
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for a claim of Compensation upto
Rs.20 lakhs
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State Commission
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for a claim of Compensation above
Rs.20 lakhs and upto to Rs.1 crore
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National Commission
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for a claim of Compensation above
Rs.1 crore
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How to register the complaints?
· Complaint can be registered
within 2 years from the date on which the cause of action has arisen.
· Stamp paper is not required for
declaration
· .Complaint can be registered,
in person, by the complainant or through his authorised agent or by post
addressed to the Redressal Agency.
· Lawyers are not necessary.
What are the particulars that
should be furnished along with the complaint?
The complaint should contain
the following particulars:
· The name and complete address
of the complainant
· The name and complete address
of the opposite party/parties
· Date of purchase goods or
services availed
· Amount paid for the above
purpose
· Particulars of goods purchases
with numbers or details of services availed
· The details of 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,
· The relief sought for under
this Act.
What are the relief provided
under the Act:
The District Forum / State
Commission can order the following reliefs:
· To remove the defects in the
goods pointed out.
· To replace the goods.
· To return to the complainant
the price of the goods
· To pay such amount of
compensation for the loss or injury suffered by the consumer.
· To remove the defects or
deficiency in the services
· To discontinue the unfair trade
practice or not to repeat it
· To withdraw the hazardous goods
from being offered for sale
· To provide the cost of
expenditure incurred by the complainant
What is the appeal provision?
· Aggrieved by the orders issued
by the District Consumer Redressal Forum appeal petition may be filed before
State Consumer Dispute Redressal Commission within 30 days from the date of
receipt of orders
· Aggrieved by the orders issued
by the State Consumer Dispute Redressal Commission appeal petition may be filed
before National Consumer Dispute Redressal Commission within 30 days from the
date of receipt of orders.
· Aggrieved by the orders issued
by the National Consumer Dispute Redressal Commission appeal petition may be
filed before Supreme Court of India within 30 days from the date of receipt of
orders
· No fee is charged for
registering an appeal petition before State / National Consumer Dispute
Redressal Commissions.
· The appeal petition has to be
filed with the grounds for appeal with copies of orders of the lower redressal
agencies and registering procedures are same as is being done in the case of
registering complaint.
What are the Rights of
Consumers as stipulated under Consumer Protection Act 1986.
Consumer is having the rights
as indicated below:
1. Right to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be heard
5. Right to seek Redressal
6. Right to Consumer Education
Based on the amendments to the
UN guidelines, more rights have emerged
7. Right to Basic needs
8. Right to a health
environment
Where to obtain further
details regarding Consumer Protection:
· Through website in
www.fcamin.nic.in, www.core.nic.in
· You may contact your District
Collector and the Chairman, District Consumer Protection Council and also the
Voluntary Consumer Organisation of locality with valid reputation
DISTRICT CONSUMER FORUM FEES:-
9A. Fee for making complaints before District Forum - (1) Every complaint filed under sub-section (1) of section 12, sub-section (1) of section 17 and clause (a) in sub-clause (i) of section 21 of the Act shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated.
(2) The concerned authority referred to in sub-rule
(1) shall credit the amount of fee received by it into the Consumer Welfare
Fund of the respective State and where such fund is not established into the
Receipt Account of the State Government and in the case of the National
Commission, to the Consumer Welfare Fund of the Central Government.
TABLE
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Sl.
No.
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Total
Value of goods or services and the compensation claimed
|
Amount
of fee payable
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(1)
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(2)
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(3)
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District Forum
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(1)
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Upto one lakh rupees – For complainants who are under the Below
Poverty Line holding Antyodaya Anna Yojana Cards
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Nil
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(2)
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Upto one lakh rupees – For complainants other than AntyodayaAnna Yojana card holders.
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Rs.100
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(3)
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Above one lakh and upto five lakh rupees
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Rs.200
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(4)
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Above five lakh and upto ten lakh rupees
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Rs.400
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(5)
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Above ten lakh and upto twenty lakh rupees
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Rs.500
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State Commission
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|
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(6)
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Above twenty lakh and upto fifty lakh rupees
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Rs.2000
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(7)
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Above fifty lakh and upto one crore rupees
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Rs.4000
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National Commission
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|
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(8)
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Above one crore rupees
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Rs.5000
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TABLE
|
Sl.
No.
|
Value of goods or services and
the
compensation claimed
|
Amount
of fee payable
|
|
(1)
|
(2)
|
(3)
|
|
|
District Forum
|
|
|
(1)
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(1) Upto one
lakh rupees
|
Rs.100
|
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(2)
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One lakh rupees and above but less
than five lakh rupees
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Rs.200
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(3)
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Five lakh rupees and above but
less than Rs.10 lakh
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Rs.400
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(4)
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Ten lakh rupees and above but not
exceeding twenty lakh rupees
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Rs.500
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(3) The complainants who are
under the Below Poverty Line shall be entitled for the exemption of payment of
fee only on production of an attested copy of the Antyodaya Anna Yojana cards.
PROCEDURE AS CONTEMPLATED IN THE CONSUMER
PROTECTION ACT,1986:-
12. Manner in which complaint shall be made.—(1) A complaint in relation to any goods sold or
delivered or agreed to be sold or delivered or any service provided or agreed
to be provided may be filed with a District Forum by –
(a) the consumer to whom such goods are sold or
delivered or agreed to be sold or delivered or such service provided or agreed
to be provided;
(b) any recognised consumer association whether the consumer to
whom the goods sold or delivered or agreed to be sold or delivered or service
provided or agreed to be provided is a member of such association or not;
(c) one or more consumers, where there are numerous
consumers having the same interest, with the permission of the District Forum,
on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central Government or the State
Government, as the case may be, either in its individual capacity or as a
representative of interests of the consumers in general.
(2) Every complaint filed
under sub-section (1) shall be accompanied with such amount of fee and payable
in such manner as may be prescribed.
(3) On receipt of a complaint made under sub-section
(1), the District Forum may, by order, allow the complaint to be proceeded with
or rejected:
Provided that a complaint shall not be rejected
under this section unless an opportunity of being heard has been given to the
complainant:
Provided further that the admissibility of the
complaint shall ordinarily be decided within twenty-one days from the date on
which the complaint was received.
(4) Where a complaint is allowed to be
proceeded with under sub-section (3), the District Forum may proceed with
the complaint in the manner provided under this Act:
Provided that where a
complaint has been admitted by the District Forum, it shall not be transferred
to any other court or tribunal or any authority set up by or under any other
law for the time being in force.
Explanation. - For the purpose
of this section “recognised consumer association” means any voluntary consumer
association registered under the Companies Act, 1956 or any other law for the
time being in force”.
13. Procedure on admission of complaint. — (1) The
District Forum shall, on admission of a complaint, if it relates to any
goods,—
(a) refer a copy of the admitted complaint, within
twenty-one days from the date of its admission to the opposite party mentioned
in the complaint directing him to give his version of the case within a period
of thirty days or such extended period not exceeding fifteen days as may be
granted by the District Forum;
(b) where the opposite party
on receipt of a complaint referred to him under clause (a) denies
or disputes the allegations contained in the complaint, or omits or fails to
take any action to represent his case within the time given by the District
Forum, the District Forum shall proceed to settle the consumer dispute in the
manner specified in clauses (c) to (g);
(c) where the complaint alleges a defect in the
goods which cannot be determined without proper analysis or test of the goods,
the District Forum shall obtain a sample of the goods from the complainant,
seal it and authenticate it in the manner prescribed and refer the sample so
sealed to the appropriate laboratory along with a direction that such
laboratory make an analysis or test, whichever may be necessary, with a view to
finding out whether such goods suffer from any defect alleged in the complaint
or from any other defect and to report its findings thereon to the District
Forum within a period of forty-five days of the receipt of the reference or
within such extended period as may be granted by the District Forum;
(d) before any sample of the goods is referred to
any appropriate laboratory under clause (c), the District Forum may require the
complainant to deposit to the credit of the Forum such fees as may be
specified, for payment to the appropriate laboratory for carrying out the
necessary analysis or test in relation to the goods in question;
(e) the District Forum shall remit the amount
deposited to its credit under clause (d) to the appropriate laboratory to
enable it to carry out the analysis or test mentioned in clause (c) and on
receipt of the report from the appropriate laboratory, the District Forum shall
forward a copy of the report along with such remarks as the District Forum may
feel appropriate to the opposite party;
(f) if any of the parties disputes the correctness
of the findings of the appropriate laboratory, or disputes the correctness of
the methods of analysis or test adopted by the appropriate laboratory, the
District Forum shall require the opposite party or the complainant to submit
in writing his objections in regard to the report made by the appropriate
laboratory;
(g) the District Forum shall thereafter give a
reasonable opportunity to the complainant as well as the opposite party of
being heard as to the correctness or otherwise of the report made by the appropriate
laboratory and also as to the objection made in relation thereto under clause
(/) and issue an appropriate order under section 14.
(2) the District Forum shall, if the complaint admitted by it under section 12 relates to goods
in respect of which the procedure specified in sub-section (1) cannot be
followed, or if the complaint relates to any services,—
(a) refer a copy of such complaint to the opposite
party directing him to give his version of the case within a period of thirty
days or such extended period not exceeding fifteen days as may be granted by
the District Forum;
(b) where the opposite party, on receipt of a copy
of the complaint, referred to him under clause (a) denies
or disputes the allegations contained in the complaint, or omits or fails to
take any action to represent his case within the time given by the District
Forum, the District Forum shall proceed to settle the consumer dispute,—
(i) on the basis of evidence brought to its notice by
the complainant and the opposite party, where the opposite party denies or
disputes the allegations contained in the complaint, or
(ii) ex parte on the basis of evidence brought to its notice
by the complainant where the opposite party omits or fails to take any action
to represent his case within the time given by the Forum.
(c) where the complainant fails to appear on the date of
hearing before the District Forum, the District Forum may either dismiss the
complaint for default or decide it on merits.
(3) No proceedings complying with the procedure laid down in subsections [1] and [2] shall be called
in question in any court on the ground that the principles of natural justice
have not been complied with.
(3A) Every complaint
shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a
period of three months from the date of receipt of notice by opposite party
where the complaint does not require analysis or testing of commodities and
within five months if it requires analysis or testing of commodities:
Provided that no adjournment shall be ordinarily
granted by the District Forum unless sufficient cause is shown and the reasons
for grant of adjournment have been recorded in writing by the Forum:
Provided further that
the District Forum shall make such orders as to the costs occasioned by the
adjournment as may be provided in the regulations made under this Act.
Provided also that in
the event of a complaint being disposed of after the period so specified,
the District Forum shall record in writing, the reasons for the same at the
time of disposing of the said complaint.
(3B) Where during the pendency of any proceeding before
the District Forum, it appears to it necessary, it may pass such interim order
as is just and proper in the facts and circumstances of the case.
(4) For
the purposes of this section, the District Forum shall have the same powers as
are vested in a civil court under Code of Civil Procedure, 1908 while trying a
suit in respect of the following matters, namely:—
(i) the summoning
and enforcing the attendance of any defendant or witness and examining the
witness on oath;
(ii) the discovery and production of any document or
other material object producible as evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning
of the report of the concerned analysis or test from the appropriate laboratory
or from any other relevant source;
(v) issuing of any commission for the examination of any
witness, and
(vi) any other
matter which may be prescribed.
(5) Every
proceeding before the District Forum shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of
1860), and the District Forum shall be deemed to be a civil court for the
purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure,
1973 (2 of 1974).
(6) Where
the complainant is a consumer referred to in sub-clause (iv) of clause (b) of
sub-section (1) of section 2, the provisions of rule 8 of Order I of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject
to the modification that every reference therein to a suit or decree shall be
construed as a reference to a complaint or the order of the District Forum
thereon.
(7) In
the event of death of a complainant who is a consumer or of the opposite party
against whom the complaint has been filed, the provisions of Order XXII of the
First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply
subject to the modification that every reference therein to the plaintiff and
the defendant shall be construed as reference to a complainant or the opposite
party, as the case may be.
14. Finding of the District Forum. —
(1) If, after the proceeding conducted under section 13, the District Forum is
satisfied that the goods complained against suffer from any of the defects
specified in the complaint or that any of the allegations contained in the
complaint about the services are proved, it shall issue an order to the
opposite party directing him to do one or more of the following things,
namely:—
(a) to remove the defect pointed out by the
appropriate laboratory from the goods in question;
(b) to replace the goods with new goods of similar
description which shall be free from any defect;
(c) to return to the complainant the price, or, as
the case may be, the charges paid by the complainant;
(d) to pay
such amount as may be awarded by it as compensation to the consumer for any
loss or injury suffered by the consumer due to the negligence of the opposite
party.
Provided that the District Forum shall have the
power to grant punitive damages in such circumstances as it deems fit;
(e) to remove the defects in
goods or deficiencies in the services in question;
(f) to discontinue the unfair trade practice or the
restrictive trade practice or not to repeat it;
(g) not to offer the hazardous goods for sale;
(h) to withdraw the hazardous goods from being
offered for sale;
(ha)to cease manufacture of hazardous goods and to
desist from offering services which are hazardous in nature;
(hb)to pay such sum as may be determined by it if it
is of the opinion that loss or injury has been suffered by a large number of
consumers who are not identifiable conveniently:
Provided that the minimum amount of sum so
payable shall not be less than five per cent. of the value of such defective goods sold or
service provided, as the case may be, to such consumers:
Provided further that the amount so obtained
shall be credited in favour of such person and utilized in such manner as
may be prescribed;
(hc)to issue corrective advertisement to neutralize
the effect of misleading advertisement at the cost of the opposite party
responsible for issuing such misleading advertisement;
(i) to provide
for adequate costs to parties.
(2) Every
proceeding referred to in sub-section (1) shall be conducted by the President
of the District Forum and at least one member thereof sitting together:
Provided that where a member, for any reason, is
unable to conduct a proceeding till it is completed, the President and the
other member shall continue the proceeding from the stage at which it was last
heard by the previous member.
(2A) Every order
made by the District Forum under sub-section (1) shall be signed by its
President and the member or members who conducted the proceeding:
Provided
that where the proceeding is conducted by the President and one member and they
differ on any point or points, they shall state the point or points on which
they differ and refer the same to the other member for hearing on such point or
points and the opinion of the majority shall be the order of the District
Forum.
(3) Subject to the foregoing provisions, the
procedure relating to the conduct of the meetings of the District Forum, its
sittings and other matters shall be such as may be prescribed by the State
Government.
EFFECTIVE PROCEDURE FOR NOTICE
28A. Service of notice, etc. - (1) All notices required
by this Act to be served shall be served in the manner hereinafter mentioned
in sub-section (2).
(2) The service of notices may be made
by delivering or transmitting a copy thereof by registered post acknowledgment
due addressed to opposite party against whom complaint is made or to the
complainant by speed post or by such courier service as are approved by the
District Forum, the State Commission or the National Commission, as the case
may be, or by any other means of transmission of documents (including FAX
message).
(3) When an acknowledgment or any other
receipt purporting to be signed
by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Forum, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub- section (2) when tendered or transmitted to him, the District Forum or the State Commission or the National Commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant :
by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Forum, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub- section (2) when tendered or transmitted to him, the District Forum or the State Commission or the National Commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant :
Provided
that where the notice was properly addressed, pre-paid and duly sent by
registered post acknowledgment due, a declaration referred to in this
sub-section shall be made notwithstanding the fact that the acknowledgment has
been lost or mislaid, or for any other reason, has not been received by the District
Forum, the State Commission or the National Commission, as the case may be,
within thirty days from the date of issue of notice.
(4) All
notices required to be served on an opposite party or to complainant shall be
deemed to be sufficiently served, if addressed in the case of the opposite
party to the place where business or profession is carried and in case of
complainant, the place where such person actually and voluntarily resides.
HOW TO REGISTER A COMPLAINT BEFORE THE NATIONAL COUNCIL
Consumer Complaint as
provided under Section 21(a)(i) of the Consumer Protection Act, 1986, where the
value of the goods or services and compensation, if any, claimed, exceeds
Rupees One Crore is to be filed in with the Registry of this Commission within
a period of two years from the date on which the cause of action has
arisen. Complaint can be filled on all working days (Monday to Friday) between
10:00 A.M. to 4:30 P.M. at Ground Floor ‘Upbhokta Nyay Bhawan’, ‘F’ Block,
General Pool Office Complex, INA, New Delhi-110 023. Consumer Complaint should be signed by the
complainant and supported by a Notarised attested affidavit with 1+1 sets (with
File cover) + Number of Opposite
Parties. The Consumer Complaint along with all the copies should be paginated
and duly indexed in the following seriatim:
1. Index
2. List of Dates
3. Memo of Parties (with fresh complete addresses & telephone no.)
4. Complaint with Notarised attested affidavit
5. Supporting documents in favour of complaint e.g. receipt, voucher etc.
(All the Annexures must be attested as True Copy on the last page with name
& signature)
6. Application for condonation of delay with Notarised attested
affidavit, if beyond limitation. (2 years from cause of action)
7. Fee for Rs.5,000/- for making Consumer Complaint (Demand Draft
in favour of “The Registrar, NCDRC, New Delhi”)
Note
:
1. The documents
shall be filed in English language only or translated copy of any other
language, duly typed in double space on one side of the paper. If any
supporting documents are not legible the same will not be accepted until clear legible/photo
copies are filed.
2. If the
documents are not filed as per in the format mentioned above the same will be
returned to the parties at the counter itself without acknowledgement and
will only be registered after removing the defects
3. After the issue
of notice, any documents in a case, the same has to be served on the other side
and 1+1 sets (with File cover) be filed with proof of service. No document will
be accepted unless filed two days (working days) in advance from the date of
hearing.
4. Henceforth, the
review petition/application for recalling of order will be listed before the
bench by way of circulation in chambers.
5. The
counsel or the parties appearing in person are filing a common petition /
appeal against common order passed by the State Commission in a bunch of
appeals / complaints. It causes inconvenience to the Hon’ble Benches to
decide the independent issues pertaining to each matter, such as award of
different amounts to different parties, etc. Hence, the Hon’ble President
is pleased to direct the parties / Counsel to file independent or separate
appeals/revision petitions, against each appeal/complaint decided by the
State Commission in the common order.
6. No. of
copies to be filed in the Commission 1+1 sets (with File cover) + Number of
Opposite Parties.
7. Application
for Certified copy of order must be made on Letter Head with signature &
Rubber stamp by counsel with a statement that first free certified copy
has not been received either by the party-in-person or their counsel.
8. Duplicate certified copy shall be issued on payment
basis as per Regulation with a clear endorsement that earlier first free
certified copy was sent by post at the address of the party-in-person or to
their Counsel/Authorized Representative.
IN THE CIVIL COURT:-
In Addition to the above, the
Aggrieved consumer can also file a civil suit in the nature of an O.S (Original
Suit) which can be taken up for hearing before the District Munsif Court (DMC
IN RURAL AREAS) or City Civil Court (IN CITIES) or before the Principal
District Court (Depending upon the Pecuniary value of the damages sought)
IN
THE HIGH COURT OF JUDICATURE UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA :-
Notwithstanding
anything stated above, the aggrieved Student can also file a case under Article
226 of the Constitution by paying a minimal fee before the Respective High
Court by making the Respective Bank Head for the circle and also the branch
head as a Respondent while seeking the remedy either as a Mandamus or a
Certiorarified Mandamus depending upon the relief, prayer and the circumstances
of the case. This right as a power is enshrined in the Constitution and is
conferred to the ordinary citizen if he is aggrieved by the action of the
Respondent Bank (Nationalized Banks Only)
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