Frequently
Asked Questions (FAQs)
Excess charging…..MRP not printed......Cost of fighting cases....Getting refund from NBFCs.....Builder problem......Ration Shop menace.......Non-issuance of cash memo......Income Tax Refund......Injured while travelling........Medical negligence......Postal negligence......Deficient service by a Courier.......LIC agent problem......Misleading advertisement.......Bogus College.....Compulsory purchase of gas stove.....Home Delivery of cooking gas......Excess Telephone Bill........Jurisdiction of Consumer Courts......Can Consumer Complainant be penalised........Public Interest Petition under CP Act.......Can Commercial establishments seek redress......
In such
instances insist on cash memo. If you could get the cash memo for the amount
paid you can easily prosecute him through the Asst. Controller of Legal
Metrology of your area or can directly take up the matter with the Consumer
Court (District Forum) of your area. Even in case you could not obtain the cash
memo, complain about your experience to the Asst. Controller of Legal Metrology,
Lakshadweep. In the absence of Cash Memo, if you can have a witness who can
vouch for your version, you could still succeed in prosecuting the erring
shopkeeper.
2. I purchased an item and on the wrapper
the M.R.P. was not printed. Where should I complain ?
All packaged
commodities, but for a few items, which come under the category of perishable
commodities, are covered under Packaged Commodities Rules, 1977. As per these
rules all the commodities sold in packaged form, should have the following
details printed on the wrapper/package
(1) Name of the product ;
(2) Name & address of the manufacturer ;
(3) Date of manufacturing ;
(4) Net content of the package in number or volume (ml/litre) or weight
(gm./Kg.) ;
(5) Maximum Retail Price (inclusive of taxes).
In case any of the above information is found
missing, you can immediately lodge your complaint with the Asst. Controller of
Legal Metrology, Lakshadweep along with the wrapper.
3. How expensive it is to fight a case in
the District Forum ?
Practically it should
not cost you much provided you are willing to fight the case on your own. In
the Consumer Courts (District Forum, State Commission and the National
Commission), concerned individuals like you can directly file a complaint
petition and can secure relief. The prescribed procedures are simple and these
are no court fees, in contrast to the Civil Courts. These quasi-judicial bodies
are also supposed to decide within 90 days of lodging the complaint and without
insisting on too much technicalities. But in practice there is lot of delay is
yet another matter
In spite of huge number
of investors getting fleeced by unscrupulous NBFCs there is still no sign of
any respite from this menace. You may write to the concerned Bench of the
Company Law Board (CLB) under whose jurisdiction the NBFC is functioning or
take up the matter with the relevant Consumer Court. If the NBFC has become
sick or declared insolvent, there is hardly anything that you can do about it.
Since you must have
invested good amount of money, you must be having all the necessary documents
to pin the builder. That being so, you can straight away seek redress before
the Consumer Court of Lakshadweep.
You can lodge a written
complaint with the Asst. Civil Supplies Officer of your area or approach the
Voluntary Consumer Organisation of your area.
The problem that you
have cited happens quite often. Don't get disheartened. Please write to the Commercial
Tax Officer of your area requesting him to do the needful. In every State, as
per Commercial Tax Laws the shopkeeper is supposed to issue a Cash Receipt
whenever the sale is more than a particular value.
No. You cannot, I.T.
authorities are not providing any service for a consideration. They are only
supposed to be discharging their duties under the constitution. You are also
not a consumer as defined in the Consumer Protection Act.
Yes. You can definitely approach the Consumer Court
of appropriate jurisdiction to obtain suitable relief.
10. One of my
close relatives recently died due to the negligence of the Doctor who was
attending to him. Will it be possible to get relief through the Consumer Court
?
One can definitely get
relief for medical negligence, from the Consumer Courts. But before venturing
to file a case in a Consumer Court ensure yourself that the death occurred due
to negligence or deficient service. Collect enough evidence to prove your case.
Ascertain expert opinion about the cause of death. If possible, try to enlist
the support of another medical practitioner. Otherwise you could end up
harassing a good professional and also could be asked to pay compensation for
filing a frivolous or vexatious complaint.
11. I sent an
important document by Registered Post. The same had been lost in transit. Can I
claim for compensation in the Consumer Court ?
You can claim for
compensation for the lost document but you will not receive anything unless and
until you prove that the said document had been lost due to intentional
negligence or willful act of the concerned postal employee. This could sound
ridiculous but true as Section 6 of the Indian Postal Act provides immunity to
all the postal employees for the loss or damage of articles in transit.
12. I had sent a
valuable item by courier service and the same has been lost. Will I be
compensated for the loss ?
You can approach the
appropriate Consumer Court but will receive only a token compensation for the
item lost unless you had declared the value of the consignment in the
Consignment Note or can conclusively prove the value of the item sent.
13. I have been
remitting my quarterly premiums regularly to LIC through one of its agents. Now
I learn that the Insurance Policy has lapsed since the last 2 months due to
non-payment of premium. Can I hold LIC responsible for the omission of its
agent ?
No. You cannot. The LIC
agent is not authorised to collect the premium on behalf of LIC. To revalidate
your policy you have to pay the arrears along with fine, etc.
14. I have become
a victim of a misleading advertisement. Can I get any relief from the Consumer
Courts?
Yes. You can get relief. But remember to provide all
necessary evidence along with your complaint petition, to the concerned Court.
15. I admitted my
son in a College as it claimed that it is recognised and is affiliated to a
reputed University. But later it was found that there was no truth in that
claim. In the process my son lost two years. Can I claim compensation from
Consumer Court ?
Yes. You can. File a petition in the appropriate
Consumer Court, along with documentary evidence, such as brochure issued by the
College, etc. You will get suitable relief.
16. The Cooking gas dealer is insisting
that I should purchase the gas stove from him so that I may get my gas
connection. What should I do ?
The cooking gas dealer
cannot insist that a customer should procure a gas stove only from him nor he can
make it as a precondition for release of gas connection. He is only authorised
to ensure that the customer is in possession of a standard (BIS approved) gas
stove before releasing a gas connection, for which the customer has to pay the
inspection charges (with due receipt). In case the dealer is not amenable to
reason, take up the matter with the representative of the Gas Company (IOC, HP,
BP, etc.) or with the local Voluntary Consumer Organisation.
17. Our Cooking
Gas dealer is not giving "Home Delivery" of the refill cylinders. Can
I take up in the Consumer Court ?
You can take up such
deficient service before the Consumer Court and you will receive suitable
compensation.
After the introduction
of Dynamic locking facilities both for local as well as STD facilities, the
onus is now on the consumer to prove that the bill is wrong and this is quite
difficult. Anyhow without losing heart, you request the DOT authorities to
monitor your line. DOT will give a report/a print out of the monitored period.
If there are abnormalities in the running of the meter, that will come to
surface and strengthen your case for correction of the bill. Always remember to
utilise the Dynamic locking facility for both local and STD.
19. Can I approach the Consumer Court of
my area for resolving any consumer dispute ?
You should approach the
appropriate Consumer Court for redressal of your grievance.
You should remember that the District Forum has a jurisdiction to arbitrate
cases involving a pecuniary loss not exceeding Rs. 5/- lakhs. Similarly the
State Commission has jurisdiction on claims up to Rs. 20/- lakhs and the
National Commission, above Rs. 20/-lakhs.
The three tier Consumer
Courts have jurisdiction limited to the District (District Forum), the State
(State Commission) and the Country (National Commission).
The Consumer Dispute
case shall have to be filed in the appropriate body, which has jurisdiction
over the place where cause of action, arose, partially (or) fully (or) where
the opposite party normally resides (or) where the agent of the opposite party
resides (or) where the branch of the opposite party is situated.
20. Can a Consumer Complainant be
penalised by the Consumer Court ?
Yes. In case the
District Forum/State Commission/National Commission comes to the conclusion
that the complaint is frivolous or vexatious, it can award a cost not exceeding
Rs.10,000/- which will be paid to the Opposite party.
21. Can public interest petition be filed
under the Consumer Protection Act ?
Yes. A Consumer who is
a part of the affected group, can file a petition on behalf of the entire
group. This is also known as class action petition.
22. Can Commercial establishments seek redress
before the Consumer Courts ?
Yes. They can approach
the Consumer Courts for redressal of grievances pertaining to goods purchased
or services availed as long as such goods/services are not for Commercial use.