CONSUMER MATTERS IN THE SUPREME COURT OF INDIA
Consumer Matters includes all those cases which include the violation of consumer rights in a way. A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.
You have A Consumer Issue?
If You have purchased any product or availed a service for a consideration, either for your personal use or to earn your livelihood by means of self employment. Where the consideration may have been:
· Paid or Promised
· Partly paid and partly promised.
You shall not fall under the category of a consumer if you have:
· purchased any goods or availed any service free of charge;
· purchased a good or hired a service for commercial purpose;
· availed any service under contract of service.
One of the most basic rights concerned with the protection of consumers against the marketing of any goods or services in any way is that if the product/service proves to be hazardous in nature to property and life.
To Claim the Reliefs from Consumer Forum with which we can provide you with legal support and help You fight:
· Removal of defects from the goods;
· Replacement of the goods;
· Refund of the price paid; Removal of defects or deficiencies in the services;
· Payment of compensation for the loss or injury incurred;
· Cessation of unfair trade practices or restrictive trade practices;
· Withdrawal of hazardous goods from the market;
· Cessation of manufacturing hazardous goods and desisting from providing services that are hazardous in nature;
· Payment of a sum (not less than 5% of the value of the defective goods or services provided) that will be decided by the forum; Corrective advertisement to counteract the effects of deceptive advertising.
Know who all can file the complaint before Consumer Form’s & Commission’s
· Any consumer;
· Any voluntary consumer association;
· Central Government or any State Government;
· One or more consumers, where there are numerous consumers having same interest;
· In case of death of a consumer, his legal heir or representative.
Another important right which any consumer enjoys is the right to receive access to various services and goods wherever it is possible.
All consumers have a right to be heard in the appropriate forums that are made specially to deal with any consumer problems or grievances.
Every consumer has the right to seek any form of redressal against unfair trade practices.
CONSUMER MATTERS –
Drafting Complaints
A legal notice under the Consumer Protection Act is a shield protecting the consumer and enforcing their basic rights. You can send a consumer legal notice, under Section 80 of the Act. Legal Notice for Consumer Case is required when a consumer has been cheated by a seller.
The whole concept of consumer redressal starts when a particular consumer is unhappy with a product or service availed from a particular seller. The basic idea of sending a legal notice is to allow the party time to rectify the damaged good/service or compensate for the loss. A legal notice for consumer case is usually dealt with the help of consumer lawyers who specialise in handling such matters.
The legal notice for consumer cases is a vital concept in accordance with the law. It’s important for the seller to reply to such a legal notice for consumer cases. And contest the said matter in the appropriate forum.
Inflated Electricity/Telephone Bills
Electricity’ being one of the services covered under the CPA, the consumer has power to file complaint against any kind of deficiency in service on the part of Electricity Board.
Non-payment of Disputed Bill
Despite not making much telephone calls, is your telephone bill sky high? Were you out of town and still, electricity bill is touching the sky? Having issues with your credit card bills? Are, the service providers overcharging you? What to do when you are overcharged for your telephone, electricity, water or any other bill. Here is a detailed solution to such problem of non-payment of dipsuted bill.
Matters relating non-payment of disputed bill will be covered under the provisions of Consumer Protection Act, as a bill amounts to either purchasing of some goods or availing of services. Therefore, one can approach the consumer forum in such cases. A detailed procedure of proceeding in Consumer forum followed with case study on nonpayment of disputed telephone and electricity bill.
Food Adulteration
Adulteration is a legal term meaning that a food product fails to meet the legal standards. One form of adulteration is an addition of another substance to a food item in order to increase the quantity of the food item in raw form or prepared form, which may result in the loss of actual quality of food item.
Food adulteration rate in India has almost doubled over the last 5 years according to data sourced from FSSAI annual reports. Food adulteration rate in India stood at 13% in 2011-12 which increased to 23% in 2016-17.Adulteration is a legal term meaning that a food product fails to meet the legal standards. One form of adulteration is an addition of another substance to a food item in order to increase the quantity of the food item in raw form or prepared form, which may result in the loss of actual quality of food item. It is the process in which the quality of food is lowered either by the addition of inferior quality material or by extraction of valuable ingredient. It not only includes the intentional addition or substitution of the substances but biological and chemical contamination during the period of growth, storage, processing, transport and distribution of the food products, is also responsible for the lowering or degradation of the quality of food products.