When a complaint can be made under Consumer Protection Act?

 Vande Matram! Here is an answer to the question 'when to file a complaint?'

When a complaint can be made under Consumer Protection Act?

Ans. A complaint can be made by a complainant under Consumer Protection Act if

1) An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.

2) The goods bought by him or agreed to be bought by him suffer from one or more defects.

3) The services hired or availed of or agreed to be hired or availed of by him suffer from a deficiency in any respect.

4) A trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price over the price—

(a) fixed by or under any law for the time being in force; and/or

(b) displayed on the goods or any package containing such goods; and/or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; and/or

(d) agreed between the parties.

5) Goods that will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to the safety of such goods as required to be complied with, by or under any law for the time being in force; and/or

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

6) services that are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

7) A claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.

Heads 1 to 6 were in the Consumer Protection Act, 1986, and head 7 was introduced in the Consumer Protection Act, 2019.

For your reference both the definitions from bare acts are reproduced here:

The Consumer Protection Act, 1986

Section 2 (1) (c) “complaint” means any allegation in writing made by a complainant that—

(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;

(ii) the goods bought by him or agreed to be bought by him] suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect;

(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

(a) fixed by or under any law for the time being in force;

(b) displayed on the goods or any package containing such goods;

(c) displayed on the price list exhibited by him by or under any law for the time being in force;

(d) agreed between the parties;

(v) goods which will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

with a view to obtaining any relief provided by or under this Act;

The Consumer Protection Act, 2019

Section 2 (6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—

(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;

(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;

(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

(a) fixed by or under any law for the time being in force; or

(b) displayed on the goods or any package containing such goods; or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; or

(d) agreed between the parties;

(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—

(a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) where the trader knows that the goods so offered are unsafe to the public;

(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;

(vii) a claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.

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

Reference:

Section 2 in the Consumer Protection Act, 1986

 

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