There is a debate going on across the country regarding ethanol mixed E20 petrol. Amidst this debate, the District Consumer Disputes Redressal Commission of Raipur, the capital of Chhattisgarh, has given an important decision. Following a complaint by a consumer, the Commission has directed a car manufacturing company to provide a new E20 fuel powered car of the same model to the complainant within 45 days.
If the company fails to do so, then it will have to return a total of Rs 20 lakh 50 thousand 494 including the full price of the vehicle. The Commission has also ordered the company to pay Rs 1 lakh for mental harassment and Rs 10,000 as litigation expenses to the consumer. In such a situation, the question arises that how powerful is the Consumer Commission and what kind of cases it hears.
If you bought an item and it turned out to be defective, you were cheated in online shopping, a company did not fulfill its promises, or you suffered a loss due to the negligence of a hospital, bank, insurance company, shopkeeper selling fake goods, a person printing misleading advertisements, a builder or any other service provider, then you can file a complaint with the Consumer Commission without following the lengthy legal process.
To get justice in such cases, you do not need to visit police stations. Nor would one have to approach the civil court. Consumer Commissions have been formed under the Indian Consumer Protection Act, 2019 to settle such cases. It was also called Consumer Forum. However, after the 2019 law, they were officially named District, State and National Consumer Dispute Redressal Commission.
How does the Consumer Commission work?
If the consumer feels that the goods given to him are defective. He was not provided proper service. If fair business practices are not adopted or he is charged more than the actual price of the product, he can complain to the Consumer Commission. After this the complaint is accepted by the Commission. Then, a notice is sent to the other party named in the complaint. Arguments from both sides are heard. Their documents are seen. After this, necessary orders are given by the Consumer Commission.
What orders can the Consumer Commission give?
If the complaint of the aggrieved party is found to be true, the Consumer Commission takes action against the accused. Can give orders like returning the money of the accused, giving new product, giving compensation, paying compensation for mental harassment, improving service etc. If the order of the Consumer Commission is not followed by the culprit, he can be jailed for a period ranging from 1 month to a maximum of 3 years. Along with jail, a fine ranging from Rs 25,000 to Rs 1 lakh can also be imposed.
Which cases are filed where in the Consumer Commission?
Under the Consumer Protection Act, 2019, cases are divided on the basis of the value of the goods or service and the compensation sought. District Consumer Commission hears cases up to Rs 50 lakh. In the year 2019 this figure was only up to 20 lakhs. The State Consumer Commission hears cases involving more than Rs 50 lakh and up to Rs 2 crore. At the same time, the National Consumer Commission hears the case.
If any party does not accept the decision of any commission, there is a system of appeal. The consumer should keep in mind that this appeal is valid only within 30 days. However, if the delay has taken more than 30 days for the consumer to do so, then one option he has is to explain the appropriate reason for his delay to the concerned commission and the court. After this the court or commission should forgive his delay.
Where can a consumer appeal against the order of which commission?
- Can appeal to the State Commission against the decision of the District Commission
- The State can appeal against the decision of the Commission to the National Commission
- Supreme Court against the decision of the National Commission
If your case is in the Consumer Commission, then you can plead your case yourself. It is not necessary to hire a lawyer. But if the matter is related to compensation worth crores of rupees. If there are complex legal interpretations involved, or if big companies are parties to the case, you may need to hire a lawyer for such cases. This can also be beneficial for you.
Where and how to lodge a complaint?
You can complain to the Consumer Commission both online and offline. Online Complaint Complaint can be filed through National Consumer Helpline and e-Daakhil portal. At the same time, for offline complaint, you should go to the concerned district, state, national commission and apply. Also submit bills, receipts, warranty, emails, chats, photos, other proofs along with the application.
What is the method to lodge complaint online?
E-filing or visit NCH website.
Go to the login page and click on ‘New Registration’.
Create an account by entering your name, mobile number and email ID.
Log in to the portal with your user ID and password.
Click File a New Case.
Choose the right commission based on the amount of your claim (compensation).
Fill the details and attach the documents.
Fill the name and address of the complainant and the opposition party.
Write in clear words what happened, when it happened and how much refund or compensation you want.
Upload scanned PDF files of all your evidence.
Collect court fees and submit. Your complaint will be registered.
You will get a unique case number. Through this you will be able to track the status of the case later.
How much time does it take to resolve the complaint?
Generally, in cases where the product does not require lab testing, the target is to place the order within 3 months. If lab or expert testing is necessary, it may take about 5 months to resolve the matter. However, due to pending cases, service of notices, adjournment motions of parties and examination of evidence, it takes from 6 months to 23 years or more in many cases.
A necessary platform for the general public in this era of fraud.
However, in view of the ever increasing frauds in e-commerce and online services, the Consumer Commission has become an important platform for the general public. If you have been scammed or have unfair trade practices by any company, shopkeeper, builder, bank, insurance company or online platform, you can approach the Consumer Commission without going through a long and expensive court process.
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