Consumer Protection Council, Rourkela
Excess charging......MRP not printed......Cost
of fighting cases....Getting refund from NBFCs.....Builder
problem......Ration Shop menace.......Non-issuance
of cash memo......Income Tax Refund......Injured
while travelling........Medical negligence......Postal
negligence......Deficient service by a Courier.......LIC
agent problem......Misleading advertisement.......Bogus
College.....Compulsory purchase of gas stove.....Home
Delivery of cooking gas......Excess Telephone Bill........Jurisdiction
of Consumer Courts......Can Consumer Complainant be penalised........Public
Interest Petition under CP Act.......Can Commercial establishments
seek redress......Are VCOs supported by government......How
VCOs survive........Benefit of joining a VCO.
In such instances insist on cash memo. If you
could get the cash memo for the amount paid you can easily prosecute him
through the Asst. Controller of Legal Metrology of your area or can directly
take up the matter with the Consumer Court (District Forum) of your area.
Even in case you could not obtain the cash memo, complain about your experience
to the Asst. Controller of Legal Metrology of your area or to the Voluntary
Consumer Organisation. In the absence of Cash Memo, if you can have a witness
who can vouch for your version, you could still succeed in prosecuting
the erring shopkeeper.
All packaged commodities, but for a few items, which come under the category
of perishable commodities, are covered under Packaged Commodities Rules,
1977. As per these rules all the commodities sold in packaged form, should
have the following details printed on the wrapper/package :
Practically it should not cost you much provided
you are willing to fight the case on your own. In the Consumer Courts (District
Forum, State Commission and the National Commission), concerned individuals
like you can directly file a complaint petition and can secure relief.
The prescribed procedures are simple and these are no court fees, in contrast
to the Civil Courts. These quasi-judicial bodies are also supposed to decide
within 90 days of lodging the complaint and without insisting on too much
technicalities. But in practice there is lot of delay is yet another matter.
In spite of huge number of investors getting
fleeced by unscrupulous NBFCs there is still no sign of any respite from
this menace. You may write to the concerned Bench of the Company Law Board
(CLB) under whose jurisdiction the NBFC is functioning or take up the matter
with the relevant Consumer Court. If the NBFC has become sick or declared
insolvent, there is hardly anything that you can do about it.
Since you must have invested good amount of
money, you must be having all the necessary documents to pin the builder.
That being so, you can straight away seek redress before the Consumer Court
of appropriate jurisdiction. For details you can approach a voluntary consumer
organisations like CPC, Rourkela.
You can lodge a written complaint with the
Asst. Civil Supplies Officer of your area or approach the Voluntary Consumer
Organisation of your area.
7. The shop which I visited recently did not issue Cash Memo though I insisted for the same. The shopkeeper was even rude and told me that I need not purchase from him if I was not interested. Please advice.
The problem that you have cited happens quite
often. Don't get disheartened. Please write to the Commercial Tax Officer
of your area requesting him to do the needful. In every State, as per Commercial
Tax Laws the shopkeeper is supposed to issue a Cash Receipt whenever the
is more than a particular value. In case of Orissa, it is Rs. 20/-.
No. You cannot, I.T. authorities are not providing
any service for a consideration. They are only supposed to be discharging
their duties under the constitution. You are also not a consumer as defined
in the Consumer Protection Act.
Yes. You can definitely approach the Consumer
Court of appropriate jurisdiction to obtain suitable relief.
One can definitely get relief for medical negligence,
from the Consumer Courts. But before venturing to file a case in a Consumer
Court ensure yourself that the death occurred due to negligence or deficient
service. Collect enough evidence to prove your case. Ascertain expert opinion
about the cause of death. If possible, try to enlist the support of another
medical practitioner. Otherwise you could end up harassing a good professional
and also could be asked to pay compensation for filing a frivolous or vexatious
You can claim for compensation for the lost
document but you will not receive anything unless and until you prove that
the said document had been lost due to intentional negligence or wilful
act of the concerned postal employee. This could sound ridiculous but true
as Section 6 of the Indian Postal Act provides immunity to all the postal
employees for the loss or damage of articles in transit.
You can approach the appropriate Consumer Court
but will receive only a token compensation for the item lost unless you
had declared the value of the consignment in the Consignment Note or can
conclusively prove the value of the item sent.
13. I have been remitting my quarterly premiums regularly to LIC through one of its agents. Now I learn that the Insurance Policy has lapsed since the last 2 months due to non-payment of premium. Can I hold LIC responsible for the omission of its agent ?
No. You cannot. The LIC agent is not authorised
to collect the premium on behalf of LIC. To revalidate your policy you
have to pay the arrears along with fine, etc.
Yes. You can get relief. But remember to provide
all necessary evidence along with your complaint petition, to the concerned
15. I admitted my son in a College as it claimed that it is recognised and is affiliated to a reputed University. But later it was found that there was no truth in that claim. In the process my son lost two years. Can I claim compensation from Consumer Court ?
Yes. You can. File a petition in the appropriate
Consumer Court, along with documentary evidence, such as brochure issued
by the College, etc. You will get suitable relief.
The cooking gas dealer cannot insist that a
customer should procure a gas stove only from him nor he can make it as
a precondition for release of gas connection. He is only authorised to
ensure that the customer is in possession of a standard (BIS approved)
gas stove before releasing a gas connection, for which the customer has
to pay the inspection charges (with due receipt). In case the dealer is
not amenable to reason, take up the matter with the representative of the
Gas Company (IOC, HP, BP, etc.) or with the local Voluntary Consumer Organisation.
You can take up such deficient service before
the Consumer Court and you will receive suitable compensation.
After the introduction of Dynamic locking facilities
both for local as well as STD facilities, the onus is now on the consumer
to prove that the bill is wrong and this is quite difficult. Anyhow without
losing heart, you request the DOT authorities to monitor your line. DOT
will give a report/a print out of the monitored period. If there are abnormalities
in the running of the meter, that will come to surface and strengthen your
case for correction of the bill. Always remember to utilise the Dynamic
locking facility for both local and STD.
You should approach the appropriate Consumer Court for redressal of your
Yes. In case the District Forum/State Commission/National
Commission comes to the conclusion that the complaint is frivolous or vexatious,
it can award a cost not exceeding Rs.10,000/- which will be paid to the
Yes. A Consumer who is a part of the affected
group, can file a petition on behalf of the entire group. This is also
known as class action petition.
Yes. They can approach the Consumer Courts
for redressal of grievances pertaining to goods purchased or services availed
as long as such goods/services are not for Commercial use.
No. The VCOs do not get any assistance for
their day-to-day functioning. But the Government of India through the Consumer
Welfare Fund provides monetary assistance for specific projects which are
undertaken for furtherance of Consumer Awareness, Consumer Education and
Overwhelming majority of the Voluntary Consumer
Organisations do not have any steady income. They largely depend on the
goodwill of the public and their contribution for their survival. The perennial
shortage of funds is also a major reason for these VCOs not being able
to function in a professional and effective manner.
You may get certain benefits by joining a Voluntary
Consumer Organisation, like informative magazines, handouts, invitation
to attend educative lectures & seminars. But one should not think of
direct monetary/quantifiable benefits alone. If you believe that your interests
as a Consumer needs to be protected from vested interests and you also
agree that as a individual you can not go far in safeguarding your legitimate
rights, then you should not hesitate to join a VCO and to strengthen it
in its endeavours.