Consumer rights include:

the right to safety,

the right to be informed,
the right to choose, and
the right to be heard.

A global consumer movement, led by Consumers International, a federation of over 250

consumer organisations, added four more rights:
the right to satisfaction of basic needs,
the right to redress,
the right to education, and
the right to a healthy environment.

Rights and Duties of the Consumers

1. The 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.

2. The right to seek redressal against unfair trade practices or restrictive trades
practices or unscrupulous exploitation of consumers.
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 organizations in seeking
redressal of their grievances.

3. The right to be heard and be assured that consumer interest will receive due
consideration at appropriate forums.
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.

4. The right to be assured of access to a variety of goods and services at

competitive prices, wherever possible.
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.

5. The right to be informed about the quality, quantity, etc. of goods and
services, so as to be protected from unfair trade practices.
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.

6. The right to be protected against the marketing of goods and services that
are hazardous to life and property.
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.

DUTIES OF CONSUMERS:-
Insist on receipts or bill without fail, on all the purchases made.
Read information carefully on the packets before purchase.
Do not feel tempted on misleading advertisements.
Buy standardized products only i.e. of ISI. AGMARK BRANDS.
File consumer complaints against default in goods deficiency in services, or
unfair trade practice.

PRECAUTIONS FOR CONSUMERS:-

Purchase only when you need and do not purchase in a hurry.
Do not buy blindly. Demand full information before you buy.
Beware of false/misleading advertisements.
Do not compromise on the quality of goods and services and its quality. Purchase
only quality products.
Do not forget to obtain proper receipt/cash memo. Always obtain the
guarantee/warranty card duly stamped and signed by the shopkeeper, wherever
necessary. These can be helpful in consumer courts.

Customers are aggrieved and very often complain of the following:

1. Under-weight and under-measurements

2. Substandard quality

3. High prices
4. Duplicate articles

5. Adulteration and impurity

6. Lack of safety devices

7. Artificial scarcity

8. False and incomplete information

9. Unsatisfactory after-sales service

10. Rough behaviour and uncongenial conditions.

Consumer have a right to buy a desired product at a fair price. They have certain rights and
some responsibilities:

01. Be protected against hazard to health and life from goods and services.

02. Availability of all the facts and information about products

03. Shall have opportunities to obtain the knowledge and skills for making informed decisions

04. Sufficient variety of quality products and services for fair selection

05. A fair settlement with compensation and replacement

06. Live in a healthy environment

07. Have a say in making government policies.

The rights are granted based on an agreed set of behaviour and obligations, with the
expectation of mutual respect and cooperation. A right, therefore, is not just a law that allows
individuals or governing bodies to do or say anything they wish. It is the foundation or
framework on which society as a whole structures and defines itself. Every right manifests
itself through a series of obligations or duties that flow outward from the law, rule, convention
and traditions of responsibilities. A responsibility is a duty or obligation that is accepted, or put
into action.

The consumers shall have rights and must have some responsibilities as well. There should be
no right without responsibility. The rights are what every human being deserves, no matter
who they are or where they live, so that we can live in a world that is fair and just. Rights are
for everybody, that means all have to take some responsibilities too. The responsibility is
something that is a job to do something about, or to think about. It is something that affects
our lives and other people's lives. The responsibilities always go with the rights. The human
rights involve responsibility to honour the rights of others. The consumers have to act in a
responsible way so that everyone and everything on the earth can have rights too. There are
communities or organisations and individuals that focus more on their rights and less on
responsibilities towards others.

Some of the consumer responsibilities are:

01. Know the use of products and use them as intended

02. Ask for the information you need

03. Make yourself well-informed of products and services

04. Keep market information to buy at fair price from better service providers

05. Bargain for a fair or reasonable deal

06. Buy products which don't harm environment

07. Make the needs and expectations known to vendors and the government.

08. Check the qualifications of service providers -- whether they are competent.

What Are Various Forms of Consumer Exploitation?

• when a producer is doing selfish deeds for his/her own benifit and the decision is
a purpose giving more than mental happiness for only the producer and hAVING
ADVERSE EFFECTS ON CONSUMER WHO MAY BE ILLITERATE OR
UNAWARE ETC

1.

Consumer exploitation can be very costly.

In a capitalist society, the consumer should be king. Even so, there are plenty
of ways companies rip consumers off and treat them poorly. No matter what
types of products you buy, you need to be on the lookout for consumer
exploitation. Some types of exploitation are small and somewhat insignificant,
but other types of exploitation can be quite costly.

Shortchanging Consumers

2. Products that are sold by weight or volume are subject to shortchanging

and consumers are left to pay the price when companies shortchange their
consumers. In some cases the shortchanging is accidental, the result of a
mechanical failure or an improperly calibrated scale. In other cases, the
shortchanging may be a deliberate practice, designed to bring the company
more business. From the butcher holding his thumb on the scale while
counting out the steaks to a gas station whose pumps deliver three-quarters
of a gallon instead of a full one, there are many ways consumers are
overcharged and exploited in this way.

Universeal Default

3. Under the universal default statute, credit card companies could raise a
consumer's interest rate if that consumer was late on another payment. For
instance, consumers who made a late payment on a water bill or gas bill
could find that the interest rate on their credit card jumped from 10 percent to
20 percent or more. While legislation has now outlawed this practice, credit
card companies will no doubt look for new ways to charge consumers more.

Marketing to Children

4. While not illegal, many people contend that marketing to young children is
unethical. Children control millions of dollars of spending through influence on
parents, so by marketing products to children, food companies, toy
companies and video game producers can get an edge on the competition.
Since young children have not yet developed the critical thinking skills they
need to properly evaluate advertising, many people feel that this type of
marketing is in fact consumer exploitation.

Monopolies

5. When there is only one player in a given market, that company is free to
take advantage of consumers and provide poor customer service. While the
government has tried hard to break up monopolies across many different
industries, there are still parts of the economy where consumers have only
one or two choices. For instance, in many parts of the country consumers
have access to only one cable company and one telephone company. This
de facto monopoly status can cause issues with customer service, overbilling
and more.

Telemarketing Charities

6. The CONSUMER PROTECTION COUNCIL provides consumer protection

information and resources when a person has been victimized. One area of
victimization appears in the form of telemarketing calls for charity donations.
The CPC advised that consumers know with whom they are dealing when
such calls occurs, ask for specific information, street address, website
information or other contact information from the telemarketer. It advises to
never provide private information on the phone such as credit card numbers
or bank account numbers. Hang up if the caller utilizes high-pressure tactics
to elicit donations. A good rule of thumb is never to provide private
information to anyone who solicits such information from you. Contact the
CPC and file a complaint if you suspect consumer fraud .
7. Ideally, companies build consumer trust by selling their desired products
or services without strings attached. However, when companies make a
profit without adding any value to their product, consumer exploitation
occurs. Deceptive advertising claims, so-called "bait and switch" tactics
and hidden fees are only some of the more common complaints filed with
watchdog agencies such as the CONSUMER COURTS.

Bait And Switch

 8. Advertising products and services that become unavailable when the
customer shows up are called a "bait and switch" tactic. Many complaints
start at used car lots, where consumers are steered to more-expensive
models after being informed that the one being advertised is unavailable.

Deceptive Advertising

9.

Idealized images are often used to attract consumers.

Deceptive advertising is often seen as exploitative, especially if omitting a

product's drawbacks harms the consumer. Examples include a class action
lawsuit filed in 2008 against LifeLock for overstating its level of identity
protection--even after the chief executive/founder's personal information had
been stolen by 20 thieves, according to a report posted on
theconsumerist.com.

"Going Out Of Business" Sales

10. "Going out of business" sales represent another form of exploitation

because they are run by liquidators who are hired to get as much money
as possible for the inventory. As an ABC News investigative team found in
2008, this phenomenon leads to fewer bargains and attempts to create
excitement by selling products that were never offered at the original
store.

Hidden Fees

11. Adding hidden fees and surcharges to the overall cost of a product or
service has become increasingly common, according to CBS News. This
issue often occurs in the travel industry, where consumers may pay early
return fees, or extra charges for accepting services like frequent filier
mileage.
12.

1)Underweight and Undermeasures.

2)High Prices.
3)Sub Standard Quality.
4)Duplicate Articles.
5)Rough Behaviour and undue conditions.
6)Lack Of safety devices.
7)Poor or inadequate after sales service.

• adulteration of food.
2.sales of medicines after expiry date.
3.spurious or sub-standard drugs.
4.consumer redress.
5.advertisements with false claims.
7.supplying of bloods infected with AIDS.
Underweight and Under Measurement;
• Sub-standard Quality;
• High Prices;
• Duplicate Articles;
• Adulteration and Impurity;
• Lack of Safety Devices;
• Artificial Scarcity;
• False or Incomplete Information;
• Unsatisfactory after-sale service;

Rough Behaviour and Undue Conditions

• Underweight and Under Measurement;

• Sub-standard Quality;
• High Prices;
• Duplicate Articles;
• Adulteration and Impurity;
• Lack of Safety Devices;
• Artificial Scarcity;
• False or Incomplete Information;
• Unsatisfactory after-sale service;

Rough Behaviour and Undue Conditions

There's a fine line between a market economy and consumer exploitation.

Some might argue adding nicotine to the cigarette tobacco to make cigs more
addictive, while doing commercials about low tar.

Basically, putting profits before safety, profits before quality, profits before truth.

Pharmaceutical companies will do commericials that make a drug seem

miraculous--with a low-volume fast spoken disclaimer about side-effects.
Companies play on people's weaknesses for profit.

"The car you deserve." to play on emotions, not logic. or, with credit-- "Only $6
a month, (but they don't mention how much you pay total if you finance
something).

They exploit consumers by leaving out information, or putting any critical

information into a tiny disclaimer.

Oh, the classic two news stories--"oil companies report windfall profits." " In
unrelated news, gas prices at an all time high."

Slide 1:
CONSUMER EDUCATION Need for the hour

DID YOU KNOW??? A MAN FOUND A FOREIGN PARTICLE IN A BOTTLE OF A SOFT DRINK. HE
COMPLAINED IN THE COURT AND THE COMPANY WAS FINED Rs 1,00,000/-. A MAN USED A COIN-
BOX PHONE AND THE CALL BECAME ONE-WAY i.e. HIS VOICE DID NOT REACH THE OTHER
PERSON. HE TRIED CALLING THRICE AND EVERYTIME, THE SAME HAPPENED. ON COMPLAINING,
HE GOT A COMPENSATION OF Rs 1250 AND HIS 3 RUPEE BACK.

Slide 3:
CONSUMER PROTECTION ACT

PROTECTING THE CONSUMER :

PROTECTING THE CONSUMER TWO-THIRDS of spending in the world economy ($ 30 trillion) is by
consumers. YET THEY HAVE NO VOICE! New Economic Policy floods market with products—YE DIL
MAANGE MORE but too little information for informed choice.

WHO IS A CONSUMER??? :
WHO IS A CONSUMER??? Any person who buys or hires any goods or service is a consumer except if he
uses such goods or service for commercial purpose. or if the goods/service provided is free of cost, the
person shall not be considered a consumer. CONSUMER

Innocence leading to exploitation :

Innocence leading to exploitation Adopting methods of deception to promote sale, use or supply of goods or
services e.g. Misleading public about price (e.g. bargain price when it is not so). Charging above MRP
printed. Misleading public about another’s goods or services. Falsely claiming a sponsorship, approval or
affiliation. Offering misleading warranty or guarantee. Sale of spurious or sub-standard goods/services.
Offering used or renovated goods as new. Using banned food colours. Misleading advertising. Manipulating
price or delivery or flow of supplies to impose unjustified costs or restrictions on consumers.

Slide 7:
US President John Kennedy introduced the Rights for Consumers: Safety Information Choice among a
variety of products and services at competitive prices A fair hearing by governments in the formulation of
consumer policy

Slide 8:
On 24 December 1986 Govt. of India Enacted the Consumer Protection Act 1986 to: Ensure Rights of
Consumers Provide Remedies for deceived Consumers CONSUMERS' RIGHTS IN INDIA

Slide 9:
Exclusive Fora for consumer disputes in all districts, state and national capitals. 6 consumer rights specified.
Consumer Protection Councils from national to state and district levels. Covers private, public, cooperative
sectors. C.P. ACT IS UNIQUE
Slide 10:
Right to SAFETY against hazardous goods and services. Right to be INFORMED about quality, quantity,
purity, standard, price. Right to CHOOSE from a variety at competitive prices. Right to BE HEARD. Right to
seek REDRESSAL. Right to CONSUMER EDUCATION. Consumer's Rights under the Consumer Protection
Act 1986

ALERT :
ALERT BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED ABOUT THE QUALITY OR
QUANTITY. MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY PURCHASE OF
Rs.200 AND ABOVE. IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF MANUFACTURE, NET
QUANTITY or WEIGHT & M.R.P is MUST. If IMPORTED, it must carry the NAME & ADDRESS OF
IMPORTER WITH VALID REGISTRATION DON’T PAY MORE THAN THE M.R.P. ALWAYS LOOK FOR
THE DATE OF MANUFACTURE AND DATE OF EXPIRY / BEST BEFORE IN CASE OF EDIBLE AND
MEDICINES.

Slide 12:
Name and Address of Manufacturer or Packer. Net quantity of the package (NOT gross or “weight when
packed”). If sold by number, the number contained in the package should be displayed on it. Month and year
of manufacture or pre-packing. In case of food items, ‘best before’ or expiry date. If imported, name and
address of the importer with valid registration. MRP inclusive of taxes. No pre-packed commodity can be
sold above the declared MRP in shops, hotels, restaurants, bars (including bottled water, soft and hard
drinks). PACKAGED COMMODITIES RULES Every package has to carry ~

Slide 13:
Standardization mark is a mark or symbol given to a product, which meets certain standards with respect to
the quality in terms of material used, methods of manufacturing, labeling, packaging and performance.
STANDARD MARKS AND LABELS

Slide 15:
IF YOU GO TO TAKE THE DELIVERY OF THE LPG CYLINDER, YOU GET A DISCOUNT OF Rs 5 YOU
HAVE A RIGHT TO WEIGH THE LPG CYLINDER WITH A SPRING BALANCE AVAILABLE WITH THE
DISTRIBUTOR OR THE DELIVERY MAN. AT EVERY PETROL PUMP YOU CAN ASK THE STAFF TO
SHOW YOU THE PURITY USING SIMPLE FILTER PAPER METHOD. SOME OTHER USEFUL
INFORMATION

Slide 16:
ASK THE SELLER TO REMOVE THE DEFECT OR DEFICIENCY OR TO REPLACE THE GOODS. IF THE
SELLER DOES NOT RESPOND OR IF YOU ARE NOT SATISFIED BY THE ACTION TAKEN BY THE
SELLER, MOVE TO ANY VOLUNTARY CONSUMERS ORGANISATION. AGAINST MISLEADING
ADVERTISEMENTS YOU CAN REPORT TO THE ADVERTISEMENTS STANDARDS COUNCIL OF INDIA.
DECEIVED?? DEPRIVED?? CONNED??

Slide 18:
THE CONSUMER PROTECTION ACT PROVIDES FOR EXCLUSIVE “FORA” FOR CONSUMER
DISPUTES IN ALL DISTRICTS, STATES AND NATIONAL CAPITAL. THESE FORAs HAVE THE POWER
TO DIRECT THE MANUFACTURER / SERVICE PROVIDER TO RECTIFY THE DEFECT OR PAY
COMPENSATION OR ANY OTHER REASONABLE REMEDY TO THE PERSON COMPLAINING. IF THEY
DO NOT FOLLOW THE FORA’s DIRECTION, THEY CAN ALSO BE IMPRIOSNED. WHAT IF THESE
BODIES FAIL?

Slide 19:
File WITHIN 2 YEARS of cause of action in the District Forum where the seller has his business or lives or
where the incident happened. Submit 3 COPIES OF COMPLAINT ON PLAIN PAPER WITH SUPPORTING
DOCUMENTS (receipt, bill etc.) NO LAWYER IS NEEDED. HOW TO FILE CASE IN THESE FORAs?

Slide 20:
DO I NEED TO PAY ANY FEE?

Slide 21:
The following information must be furnished with the complaint :- Your name and full address. Name and full
address of opposite party. Description of goods or services. Quality and quantity. Price. Date & proof of
purchase or hiring. Nature of problem. Type of redressal you want. WHAT ALL DO I NEED TO WRITE IN
COMPLAINT?

Slide 22:
LAW PROVIDES FOR THE FOLLOWING REMEDIES IN CASE OF A COMPLAINT:- REMOVAL OF THE
DEFECTS OR DEFICIENCIES. REFUND OF MONEY. REPLACEMENT OF THE GOODS.
COMPENSATION FOR LOSS OR HARASSMENT OR MENTAL AGONY. PROHIBITION OF MARKETING
OF GOODS HAZARDOUS FOR HEALTH OR ENVIRONMENT. WHAT KIND OF REMEDIES CAN I ASK
FOR?

Slide 23:
No lawyer or agent is necessary for filing complaint or to make submission. If due to lawyer’s conduct
consumer suffers, it is a deficiency in service open to readress. Small nominal fees payable. No charges for
dispatching notices to opposite parties etc. Every complaint shall be heard and disposed of within 90 days
(150 days in case of lab test) from the date of receipt of notice by the opposite party.

Slide 24:
In India, sales in the Pharma market, is heavily influenced by the medical shop owners. In fact, the alleged
bane of the Indian Pharma Market is that Pharmacists behave more as traders, than healthcare
professionals. Brand substitution and OTC (over-the-counter) push sales at medical shops or chemists for
Schedule H and Schedule X drugs, is common. While one way of looking at it, is seeing the situation as
regulatory challenge for implementation of The Drugs and Cosmetics Act, 1940; the other understanding is
that this mirrors the reality that Indian Pharma market is OTX…

Slide 26:
Indian Pharma companies are obsessed with in-clinic product promotional activities. The doctor is at the
center of the Pharma product promotional universe, due to a hyper thrust on ‘ethical promotional approach’
or product promotional approach only for prescription generation. This hyper focus has led to a scenario
where the Pharmacist power to influence healthcare product consumption is GUIDED by Pharma
companies. All that the Pharma companies do, is to give bonus offers or free goods or discounts in a bid to
address OTC PUSH (over-the-counter push) for Pharma products and get some brand substitution sales

Slide 27:
For Pharma marketers and the society, this scenario highlights the importance of Pharmacies and
pharmacist as healthcare provider and duty of a pharmacist towards a mangoman for protection of his
consumer rights.

Slide 28:
Today, although there are a lot of pluses for us in India, there are a lot of minuses too. Perhaps we have
carried on the non-co-operation bit too far – even after gaining Independence we are not co-operating with
each other for the progress of our country! Nepotism and corruption are bhai-bhai with India! Gandhiji
probably is still saying HEY RAM! at the state of India from the heavens.

Slide 29:
ALWAYS INSIST ON CASH MEMO LOOK FOR THE “BEST BEFORE” OR “EXPIRY DATE” WHEN
BUYING FOOD OR MEDICAL PRODUCTS ALWAYS LOOK FOR STANDARD MARKS LIKE ISI, FPO,
AGMARK ETC.. DO NOT PAY MORE THAN MRP. ALWAYS FIGHT FOR YOUR RIGHTS IN THE
CONSUMER FORA, THE CONSUMER IS ALWAYS STRONG. THINGS TO REMEMBER

Consumer Protection Law in India

This article summarizes the Consumer Protection Act, 1986 of India in simple words.
Please note that this article is NOT legal advice. There is no guarantee on its accuracy
and we shall not be responsible for any damages due to any reliance placed on this
article.
Consumer Protection Act 1986 - An Introduction

Consumer Protection Councils

Consumer Disputes Redressal Agencies

District Consumer Disputes Redressal Forum

State Consumer Disputes Redressal Commission

National Consumer Disputes Redressal Commission

Consumer Protection Act of 1986 - Summary

Consumer Protection Act 1986 - An Introduction

The act came into effect first on December 24, 1986 after being passed by the Indian
Parliament and signed by the President of India. It was modified later on and the
modifications came into effect on March 15, 2003. For all legal purposes, you can
read the bare act as published in the NCDRC website.

The act is applicable in all states in India except in Jammu and Kashmir. The act
makes provisions to include both tangible goods and intangible services (henceforth
referred to as product) purchased from a trader or service provider (henceforth
referred to as company). The act can apply to any consumer who uses the product
for non-commercial activities, the only exception being use of it to earn his livelihood.
In other words, the act excludes commercial customers fully, but includes individual
domestic customers, groups of domestic customers, societies and not-for-profit
organizations.

Consumer Protection Councils

The act provisions the central and state government to create councils at the central,
state and district level to promote consumerism. These consumer protection councils
have very little statutory powers and as such any direct benefit you can get as a
consumer from these councils is low to none. Apart from a few exceptions, most of
these councils today have been reduced to white elephant groups and groups for
politicians, bureaucrats and netas to park their chamchas in! Nevertheless, although
rare, there are still a handful of consumer protection councils in India that actively
promote consumer protection activities.

Consumer Disputes Redressal Agencies

This section of the act provides for the creation of consumer courts. The central
government is given the responsibility to create and maintain the National Consumer
Disputes Redressal Commission in New Delhi. The state government is given the
responsibility to create a State Consumer Disputes Redressal Commission at the state
level and a District Consumer Disputes Redressal Forum at the district level.

The statutory powers and jurisdiction of the three are summarized here.
 Amount of
Compensation You Court President Other Members
Seek
District Consumer Two other
Must be qualified to be
Up to Rs. 20 Lakh Disputes Redressal members; one
a District Judge.
Forum must be a woman
State Consumer Must be a person who
Rs. 20 Lakh to Rs. 1 At least two other
Disputes Redressal is or has been a Judge
Crore members.
Commission of a High Court.
National Consumer Must be a person who
Higher than Rs. 1 At least four other
Disputes Redressal is or has been a Judge
Crore members.
Commission of the Supreme Court

You cannot file a complaint in a consumer court if two years have elapsed after the
cause of action (such as payment of a bill or the incident that started the dispute with
the company)

District Consumer Disputes Redressal Forum

The forum President and members are directly / indirectly appointed by the state
government and he shall be eligible to be a district judge. All members of the court
can have a term of up to five years or up to 65 years, whichever is earlier. The
District Consumer Forum cannot conduct a hearing without the President and at least
one other member.

This consumer court deals with complaints where the compensation sought is less
than twenty lakhs. This limit is commonly known as the 'pecuniary jurisdiction' of
the District Consumer Disputes Redressal Forum. For more details on how to file a
complaint with a District Consumer Court, please refer to our article about filing
complaints in consumer courts.

A District Consumer Forum can hear cases for any company that operates an office or
a branch in the district. It can also hear cases provided the actual reason why you are
filing the complaint (such as sale or maintenance service that led to the defect)
partially or fully occurred within the district. For this same reason, it is VERY
IMPORTANT that you do not do business with any company that does not have local
representation or one that makes you sign an agreement regarding the jurisdiction of
the dispute.

The law provides that the District Consumer Disputes Redressal Forum has the same
powers as a civil court under Code of Civil Procedure 1908, but you may be surprised
as to how much of this power in law books actually manifests when put to practice.

The District Consumer Forum can order the company to take the following actions
once it hears the complaint and decides that the company is at fault:

• Correct deficiencies in the product to what they claim

• Repair defect free of charges
• Replace product with similar or superior product
• Issue a full refund of the price
• Pay compensation for damages / costs / inconveniences
 • Withdraw the sale of the product altogether
• Discontinue or not repeat any unfair trade practice or the restrictive trade
practice
• Issue corrective advertisement for any earlier misrepresentation

If you are not satisfied with the verdict from the District Consumer Court, you can
appeal in the State Consumer Disputes Redressal Commission within a period of 30
days. If a verdict has been given against the company, it can appeal only after
depositing 50% of the compensation to be paid to you or Rs.25000/-, whichever is
lesser.

State Consumer Disputes Redressal Commission

The law provides that the State Consumer Commission function in the state capital,
but the government has the powers to move it as needed. The President of the State
Consumer Commission shall be or should have been a High Court judge and should
be appointed only after consultation with the Chief Justice of the High Court with the
states jurisdiction. The remaining members of the commission are appointed by a
committee with the President of the State Consumer Court as its chairman, and they
can have a term of up to five years or up to 67 years, whichever is earlier.

The State Consumer Disputes Redressal Commission deals with a pecuniary

jurisdiction of only those complaints where the compensation sought is higher than
twenty lakhs but lesser than one crore. For more details on how to file a
complaint with a State Consumer Court, please refer to our article about filing
complaints in consumer courts.

The State Consumer Forum usually hears cases of three types:

1. Appeals from District Consumer Forums

2. Cases against companies that operates an office or a branch in the state.
3. Cases where the actual reason why you are filing the complaint (such as
signing of an agreement or payment of a bill) partially or fully occurred within
the state.

The State Consumer Court also has the powers to transfer a case from one District
Consumer Forum to another Forum provided there is such a request or it is in the
interest of the law.

If you are not satisfied by the verdict from the State Consumer Court, you can appeal
in the National Consumer Disputes Redressal Commission, within a period of 30 days.
If a verdict has been given against the company, it can appeal only after depositing
50% of the compensation to be paid to you or Rs.35000/-, whichever is lesser.

National Consumer Disputes Redressal Commission

The National Consumer Court must ordinarily be functioning in New Delhi and is
presided over by a person who is currently or has been in the past a judge of the
Supreme Court. The President of the National Consumer Disputes Redressal
Commission (NCDRC) is appointed by the Central Government after consultation with
the Chief Justice of India. The National Consumer Commission has a minimum of four
other members and is appointed by a committee chaired by a Supreme Court judge
as recommended by the Chief Justice of India. Members of the NCDRC can have a
term of up to five years or up to 70 years, whichever is earlier.

If your complaint seeks more than one crore rupees of compensation from a
company, then the National Consumer Commission has the pecuniary jurisdiction
over your complaint. For more details on how to file a complaint with the National
Consumer Court, please refer to our article about filing complaints in consumer
courts. The National Consumer Court handles five types of complaints:

• Complaints that has been sought or need to be transferred from one State
Consumer Commission to another in the interest of justice.

• Appeals from State Consumer Disputes Redressal Commissions

• Consumer complaints that occurred in India, except in the State of Jammu and
Kashmir

• Cases from State Consumer Commissions where there has been accusations
or proof of material irregularity or illegal activities

• Cases where ex-parte (where verdicts have been passed in the absence of
either parties) orders have to be set aside.

If you are not satisfied by the verdict from the National Consumer Court, you can
appeal in the Supreme Court, within a period of 30 days. If a verdict has been given
against the company, it can appeal only after depositing 50% of the compensation to
be paid to you or Rs.50000/-, whichever is lesser.

Consumer Protection Act of 1986 - Summary

The act in itself is rosy and seems omnipotent to promote consumerism in India. The
law states that the consumer courts have the authority similar to that of a Judicial
Magistrate of the first class in attaching properties and arresting persons in case any
of its verdicts are violated or not adhered. But in practice, the law and the consumer
court system suffer from the following drawbacks:

• Seldom do companies pay heed to the consumer court. Their reports, orders
and summons are very commonly ignored. As a result, most consumer cases
drag on unnecessarily without any outcome.
• Seldom do companies adhere to the verdict. As a result once the verdict
comes, proceedings to execute the verdict take even more time of the
complainant.
• Consumer courts are not known to be devoid of corruption, like other courts in
our country.
• Consumer courts are overwhelmed and underfunded. The government paints
very rosy statistics that 84% of cases in National Consumer Commission, 77%
of cases in State Commission and 91% of cases in District Consumer Forums
are disposed. However, it does not tell you how long it takes to dispose a
case, nor how many cases are disposed in the favor of the consumer. We
would have to assume a very large amount of time and a very low percentage
as answers.
 • According to the Supreme Court there are 3.5 crore pending cases in the
Indian courts today. Statistically, it could take 350 to 500 years to dispose of
the cases pending in India. Add to this the fact that our government is
inefficient in appointing Presidents for District Forums, and creating,
encouraging and relishing bureaucratic delays, you would be extremely lucky if
you can get your case disposed in 5 years.

However, we do still encourage you to file complaints at the various consumer courts
as per the provisions of the Consumer Protection Act of 1986, as although a slow one,
we think of it as a start on India's progress towards consumerism. Finally, we
encourage you to seek other measures to fight against anti-consumer companies as
explained in the following articles.