By Arvind Ranganathan
The Consumer Protection Act (CPA) has defined and given a new dimension to the word consumer. The Act defines a consumer as any person who:
(a) buys goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid and partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(b) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person.
Upon the interpretation of the above definition into simple words it becomes clear that the word CONSUMER as per CPA is not very broad but means and includes any person who buys goods upon payment of money or even part payment of money. The important aspect to consider here is that there must be a consideration in terms of money which is either paid or is partly paid and the remaining amount is promised to be paid. If there is no consideration between the trader and the buyer then the purchaser is not a consumer.
The said definition also goes a bit ahead and includes not only goods purchased but includes services hired upon payment of money.
Who Can File a Complaint With the Consumer Forum
Any person who falls under the category of consumer, within the meaning of the CPA, and is aggrieved of any deficiency of services or is aggrieved of the conduct of any manufacturer or trader with respect to any goods purchased from the said manufacturer, may file a complaint along with claim for compensation with the Consumer Protection Forum or Commission.
Where to File the Complaint
The complaint may be filed with the following, depending upon the amount of claim for compensation:
- District Consumer Disputes Redressal Forum — any complaint in which the complainant seeks a compensation up to Rs. 5 lacs is to be filed with District Consumer Forum. There may be more than one District Forum and the same may entertain any complaint filed which falls within its jurisdiction.
- State Consumer Disputes Redressal Commission — any complaint in which the complainant seeks a compensation of more than Rs. 5 lacs but less than Rs. 10 lacs is to be filed with the State Consumer Disputes Redressal Commission. Each state has one State Consumer Disputes Redressal Commission, which shall entertain all complaints within its jurisdiction.
Also, the State Commissions shall entertain all appeals arising from the orders of the District Forum. Any person who is aggrieved from an order of the District Forum may file an appeal with the State Commission within 30 days from the date of the order passed by the District Forum and the State Commission shall entertain the same and shall thereafter pass necessary orders. The State Commission as such has two roles to play: one as an entertainer of original complaints with claims of over Rs. 5 lacs and under Rs. 10 lacs, and secondly an entertainer of appeals from the orders of the District Forum.
- National Consumer Disputes Redressal Commission — all complaints where the complainant seeks to claim a compensation of more than Rs. 10 lacs has to be filed directly with the National Consumer Disputes Redressal Commission, which is located in New Delhi.
The National Consumer Disputes Redressal Commission is the highest authority which deals with consumer cases. It also has two roles to play, like that of the State Commissions. It entertains all complaints having claims of compensation of over Rs. 10 lacs and also entertains all appeals from orders of the District Commissions, provided that the appeal is filed within a period of 30 days from the date of the order of the State Commission.