Thursday, 16 December 2021

Who can be a complainant as per the Consumer Protection Act?

Vande Matram! Here is an answer to the question 'who can be complainant'

Who can be a complainant as per the Consumer Protection Act?

Ans. As per the original Consumer Protection Act, 1986 a complainant maybe

1) a consumer;

2) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force;

3) the Central Government or any State Government;

But after amendment by Act 50 of 1993, a complainant may include

4) one or more consumers, where numerous consumers are having the same interest;

Further amendment by Act 62 of 2002, a complainant maybe

5) in case of death of a consumer, his legal heir or representative who or which makes a complaint;

Further Consumer Protection Act, 2019 includes

6) the Central Authority and

7) in the case of a consumer being a minor, his parent or legal guardian is the complainant.

Thus now these 7 categories who can make a complaint under any provisions of the Consumer Protection Act are to be known as complainants.

For your reference, relevant clauses are reproduced here from the 1986 Act as well as the 2019 Act.

The Consumer Protection Act, 1986

Section (2) (1) (b) “complainant” means—

(i) a consumer; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or

(iii) the Central Government or any State Government, who or which makes a complaint;

1 [(iv) one or more consumers, where there are numerous consumers having the same interest;]

2[(v) in case of death of a consumer, his legal heir or representative;]

 

The Consumer Protection Act, 2019

Section 2 (5) "complainant" means—

(i) a consumer; or

(ii) any voluntary consumer association registered under any law for the time being in force; or

(iii) the Central Government or any State Government; or

(iv) the Central Authority; or

(v) one or more consumers, where there are numerous consumers having the same interest; or

(vi) in case of death of a consumer, his legal heir or legal representative; or

(vii) in case of a consumer being a minor, his parent or legal guardian;

Thanks for reading and noting. Share this with all law personnel.

Reference:

Section 2 in the Consumer Protection Act, 1986

 

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