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Sunday, March 11, 2012

BRF 2010 (Solved)


Complaint
In 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;
(ii)    The goods bought by him or agreed to be bought by him suffer from one or more defect;
(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 has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;
(v)    goods which will be hazardous to life and safety when used are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.
The essential features of a “Complaint” are -
a)      The complaint must be in writing;
b)      The complaint must be made with a view to obtain any relief under the Act;
c)       The Complaint must make any of the five allegations stated under section 2 (1) (c), against a trader or manufacturer;
d)      The complaint must be filed in a manner prescribed under law i.e. under section 12 of the Act.
e)      The complaint must be filed before appropriate consumer commission having jurisdiction to entertain complaint. Section 17 & Section 21.
Who can file a complaint?
The following persons can file a complaint under Consumer Protection Act 1986:
(a)    A consumer;
(b)   Any recognised voluntary consumer association whether the consumer is a member of that association or not;
(c)    the Central or any State Government; and
(d)   one or more consumers where these are numerous consumers having same interest.
(e)   Legal heir or representative in case of death of a consumer.
Where to file a complaint?
If the value of goods and services and the compensation claimed does not exceed Rs. 20 lakh, the complaint can be filed in the District Forum; if it exceeds Rs. 20 lakh but does not exceed Rs. One crore, the complaint can be filed before the State Commission; and if it exceeds Rs. One crore, the complaint can be filed before the National Commission.
How to file a complaint?
A complaint can be made in person or by any authorised agent or by post. The complaint can be written on a plain paper duly supported by documentary evidence in support of the allegation contained in the complaint. The complaint should clearly specify the relief sought. It should also contain the nature, description and address of the complainant as well as the opposite party, and so also the facts relating to the complaint and when and where it arose. The consumer can file the complaint within two years from the date on which the cause of action had arisen. However, it may be admitted even after the lapse of two years if sufficient cause is shown for the delay.
Time limit for deciding the case
Every complaint must be disposed off as speedily as possible within a period of three months from the date of notice received by the opposite party. Where the complaint
 What are the reliefs available to consumers?
Depending on the nature of complaint the and relief sought by the consumer, and the facts of the case, the Redressal Forum/Commission may order one or more of the following reliefs:
(a)    Removal of defects from the goods or deficiencies in services in question.
(b)   Replacement of the defective goods.
(c)    Refund of the price paid.
(d)   Award of compensation for loss or injury suffered.
(e)   Discontinuance of unfair trade practices or restrictive trade practice or not to repeat them.
(f)     Withdrawal of hazardous or dangerous goods from being offered for sale.

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