Consumer law aims to protect consumer rights and interests. In a recent case, the message was loud and clear as the National Consumer Commission passed an order, asking the HSBC Bank to pay compensation of Rs. 1 lakh to an NRI couple. The bank had sanctioned a home loan to them but had failed to disburse the amount. The appeal was made by the HSBC bank against the decision of Chandigarh State Consumer Commission (as per consumer law) which had ruled in favour of the NRI couple.
When you go shopping, do you ensure that you are charged within the Maximum Retail Price or MRP, or do you pay whatever the retailer asks you to? Well, if you are in the former category, you are on track; however, if you belong to the latter category, chances are you may have been overpaying. So, wake up, know your rights and exercise them!
Are you aware of the fact that insurance complaints are governed by the Consumer Protection Act 1986? For any kind of negligence on the part of an insurer, you can approach the court and fight for justice. Section 2(1) (o) of the Consumer Protection Act covers all kinds of insurance, such as fire, life, marine and property.
As per Section 21(a) (ii) of the consumer protection law in India, the National Commission is empowered to consider appeals against the order passed by any State Commission. An appeal can be made to the National Commission only for the subject matters for which the State Commission has already given the order by using its power under original jurisdiction.
Section 21(b) of the Consumer Protection Act, 1986, lays down the revisional jurisdiction of the National Commission. The National Commission can exercise its power under revisional jurisdiction to settle consumer disputes where a State Commission has:
- exercised a jurisdiction, which the State Commission is not authorized to.
- failed to exercise a jurisdiction which the State Commission is empowered to.
- exercised a jurisdiction unlawfully or with material irregularity.
Unfair trade practices can be defined as dishonest and unfair means adopted by tradesmen to endorse and increase the sale of their products. These practices may cause physical injuries or material losses to consumers. Here is an introduction to the concept of consumer rights and awareness.
Did you know that consumer courts in India do not admit complaints that are not filed within two years from the date on which the cause had arisen? This means that if your complaint about goods/services arose in 2006 and you chose not to file a complaint till 2010, the consumer court will not admit it. This is in consonance with clause 24A(i) of the Consumer Protection Act, 1986. Remember, the clause mentions the date from which the ‘cause of action’ aroue and not the date of purchase. This has been done to protect your consumer rights.
Consumer Rights: Your Complaint Draft Should Look Like This
To draft your complaint in consonance with your consumer rights, you can file it in a regular legal size sheet and follow the following format as given below:
The main purpose of the Consumer Protection Act 1986, as the name suggests, is to protect the rights of the consumers. This is elucidated in section 6 of the Act. To achieve this aim, the Act envisages setting up consumer protection councils, as provided in Chapter II of the Act. These councils are meant to be set up at the state and centre levels and will be classified as:
- The Central Consumer Protection Council
- The State Consumer Protection Council
Did you know that laws in India protect you from negligent acts of the railway administration? Think about this - have you ever faced any kind of harassment while traveling in a train, due to the negligence of the railway authorities? Remember, the Indian railways network is among one of the largest in the world. People in India trust rail travel as one of the safest and fastest ways to reach a destination in any part of the country. Typically, the railway administration in India is managed by the Ministry of Railways. The Consumer Protection Act has provisions to protect the rights of consumers while traveling by train.
Did you know that laws in India protect you from negligence of airline authorities? Look at it this way - delays at various airports have become part and parcel of our lives to an extent that we prepare ourselves mentally for it. Has the negligence of an Airway Corporation ever been a cause of your suffering? Did you ever consider approaching the court to file a lawsuit against the airlines authorities? Airlines authorities slip on a number of important things due to which passengers have no other option but to suffer and adjust to the situation. The Consumer Protection Act has the answers for you so that you, as a consumer, will not have to suffer any such deficiency in airline services.