24 May 2012

Consumers, fight for your rights! :: Business Line,

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If the consumer forum rules in your favour, you can ask for setting right the defect in the product or a return of price paid.
Did your new iron box conk out? Was the packet of tur dal from the supermarket adulterated? Did the neighbourhood kiranawala charge you more than the MRP on a bottle of packaged water?
Don't brush aside these issues. Fight them legally. Consumer forums are strong today. If you prove your case, you will be compensated for the loss.
We tell you the procedure for filing complaints in consumer forums and getting them resolved legally.

LEGAL ACTION

For any problem, your first point of contact should be the seller. If he turns a deaf ear to it, write to the manufacturer. Most products have a toll free number on the carton.
If there is no appropriate action from the manufacturer, move to the consumer forums. These forums are constituted under the Consumer Protection Act, 1986 and resolve consumer problems legally. Complaints have to be filed within two years of the date of the incident.
Complaints of the nature of defect in the purchased product and cases where the quality of the product (or service) is below the acceptable standard and where the consumer is charged a higher price than the MRP printed on a product's cover are addressed here.
Consumer forums function at three levels. In case where the price of the product or value of the compensation expected is below Rs 20 lakh, it should be taken to the District Consumer Forum. For complaints on a product or service of value between Rs 20 lakh and Rs 1 crore, the State Commission (of the State where the manufacturer is head quartered) has to be approached. When the product value or compensation expected is above Rs 1 crore, then, one should take it to the National Consumer Disputes Redressal Commission (NCDRC).
However, if you are not satisfied with the judgement from the District consumer forum, you can appeal to the State and then to the National commission within 30 days of receiving the order.
It is mandatory to pay a nominal fee at the time of filing a complaint with either the District or State commission or the NCDRC. NCDRC charges a fee of Rs 5,000 for each complaint.

AVAILABLE REMEDY

If the case is proved in your favour, you can ask for setting right the defect in the product or a return of price paid. You can also seek a compensation for the cost incurred or for the loss or injury suffered. In case the product is proved to be hazardous for health, you can even ask for withdrawal of the product from the market.
How quick and efficient are these forums? The NCDRC has, so far, resolved 86.4 per cent of cases filed with it. The State Commission of Tamil Nadu has resolved 91.85 per cent of cases and State Commission of Delhi has solved 94 per cent of cases that have been filed with it.
So, you can be assured that the problem will be sorted. But, there is no assurance on the time within which it will be resolved. Depending on the nature of the case, the final judgement may take its own time.

DOCUMENTATION

You need supporting documents when filing a case. First is a written complaint which should carry your full name and address, the name and address of the opposite party, date of purchase of the product and price paid for it and details of the complaint with the help sought.
You should also have the original copes of the bill, guarantee/warranty card and also proof of communication with the merchant and the manufacturer. It is advisable to take the guidance of a legal expert when filing a complaint.
After filing the case a consumer can track it online throughconfonet.nic.in.
By specifying the commission (district/State/national) and the case number, you will know the status of your case or the date of next hearing.

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