8 minutes agoAuthor: Sandeep Singh
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It is said that ‘Justice delayed is justice denied’. This is true, but some cases set a precedent even after the delay. One such case is of the State Consumer Forum of Madhya Pradesh, where a decision has just been given in an 11-year-old case.
Actually in 2013, a young man in Balaghat district of Madhya Pradesh bought shoes worth 600 rupees from a footwear shop. But after 2 days, the sole of the shoe came off. When the young man reached the shop to replace the shoe, the shopkeeper refused to replace the shoe and misbehaved with the young man.
After this, the youth complained about the matter in the District Consumer Forum. In the case that lasted for two months, the youth was given a nominal compensation, which did not satisfy him. He complained about this matter in the State Consumer Forum, Bhopal. The case ran in the State Consumer Forum from the year 2013 to the year 2024.
After fighting for his rights for 11 years, the young man finally got justice. The State Consumer Forum has ordered the shopkeeper to pay the customer a total of Rs 3040 for the shoes worth Rs 600, including the original price plus 6% annual interest, Rs 1000 for the physical and mental damage caused to the customer and Rs 1000 spent on appeal.
Though the amount is not very much, even after so many years the judgement came in the person’s favour.
so today news of need I will talk about consumer rights law. Along with that, we will know that-
- What rights are given to consumers under consumer law in India?
- Where can customers complain if they face any fraud or irregularity?
- What is the procedure for filing a complaint?
Expert: Advocate Alok Dixit, Legal Advisor
Question- What are the legal rights of consumers under the Consumer Protection Act, 2019 in India?
answer- Today is the era of commercialism, in which customers get lured by attractive advertisements and believe in any product and buy anything. There are many e-commerce sites in the country, which sell goods worth crores every day.
Due to this increasing influence of the market, cases of fraud with customers are also increasing. Therefore, every customer should know his rights. The Consumer Protection Act, 2019 has been made for the consumer in India. Its purpose is to protect the rights and interests of the consumer. The Consumer Protection Act, 2019 gives 6 fundamental rights to consumers.
See the graphic below.
,Let us understand the points given in the graphic in detail.
- Every customer has the right to know about the quantity, purity, standard, price and quality of a product.
- The Consumer Act gives the customer the right to choose the product of his choice.
- If a consumer has been exploited, the Consumer Protection Act, 2019 gives the right to redressal. It also includes a provision for giving compensation to the consumer if the complaint is found to be true.
Question: If a shopkeeper does not return defective goods, what rights does a customer have?
answer- When a customer buys any item from a shop or mall and there is some kind of defect in it, then a shopkeeper cannot refuse to return or replace the defective item. The shopkeeper or seller is legally bound to take back the defective item. But if he does so, the customer can complain about it in the consumer court. The commission will hear your complaint and resolve it.
There are three types of these courts.
- District level court i.e. District Consumer Disputes Redressal Tribunal (DCDRF)
- State level court i.e. State Consumer Disputes Redressal Commission (SCDRC)
- National level court i.e. National Consumer Disputes Redressal Commission (NCDRC)
Question: Where and how can a complaint be made against a shopkeeper?
answer- Customers can lodge a complaint against the shopkeeper either online or offline. Understand this from the graphic given below.
Question- What is the procedure for filing a complaint online?
answer- The ‘e-Daakhil’ portal has been launched by the National Consumer Disputes Redressal Commission of the Government of India in 2020. Customers can file complaints online through this portal. Follow these steps to file a complaint online on this portal.
- First of all go to the e-filing portal https://edaakhil.nic.in/edaakhil/.
- After this, click on the ‘Complaint’ option on the left side of the page.
- Register your name, mobile number, email ID in it.
- After this, a drop-down menu will open, in which you can decide the amount according to the value of your items.
- In this, write the complete information about your complaint in the box given below. Also attach the documents related to the complaint.
- After entering the captcha code given on the screen, click on the submit option.
- After submission, the consumer will get a complaint ID, through which you can track your complaint.
Question: How can I file a complaint in the District Forum or State Forum?
answer- Advocate Alok Dixit explains that the complainant can file his complaint on a plain paper, which later needs to be notarized. This notarized complaint letter can be sent by the consumer himself or through an authorized agent to the district or state forum. For this, the consumer must have a proper bill of the goods purchased.
First of all, the complainant has to file a complaint in the District Forum. If the complainant is not satisfied with the decision of the District Forum, then he can file an appeal in the State Forum within 30 days of passing the order.
- The court fee for complaints ranging from Rs 20 lakh to Rs 50 lakh is Rs 2,000, while for complaints up to Rs 1 crore, the court fee is Rs 4,000.
Question: What documents are required to file an appeal in the State Consumer Disputes Redressal Commission (SCDRC)?
answer- To file an appeal, it is necessary to attach a copy of the complaint, receipt of purchase of goods, any other related documents, evidence, which have been submitted during the complaint at the district level. Also, the correct name and address of both the parties should be written on the complaint letter. Along with this, there should be a certified copy of the order passed by the District Forum.
Question: How can I file a complaint with the National Consumer Disputes Redressal Commission?
answer- The consumer can file an appeal to the National Consumer Disputes Redressal Commission (NCDRC) within 30 days of the passing of the order of the State Forum.
- The court fee for filing a complaint in NCDRC is Rs 5000. In this, the demand draft is made in the name of the Registrar, National Consumer Disputes Redressal Commission.
- Apart from this there is no fee for filing an appeal before the State or National Commission.
- You can file a petition in the Supreme Court against the order of the NCDRC within 30 days of the passing of the order.
