maito:dr_prprasad@yahoo.com
G.R.Infotech Services,Patna
CONSUMER PROTECTION AND NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
5th Floor, ‘A’ Wing, & 7th Floor, ‘B’ Wing, Janpath Bhavan, Janpath, New Delhi 110 001
Fax No: 011 - 23712456 , EPBX No : 011 - 23712459 , 23712109
ADDRESSES OF THE STATE CONSUMER DISPUTES REDRESSAL COMMISSIONS:-
Under Section 24-B of the Consumer Protection Act, 1986, the National Consumer Disputes Redressal Commission exercises administrative control over State Commissions.
There are 34 State Commissions whose names in alphabetical order with their Presidents, Members, Registrars and addresses are as under:-
Jharkhand State Consumer Disputes Redressal Commission
Near High Court,Dauranda,RANCHI - 834002
STD CODE : 0651 , E-mail : jkh-sforum@nic.in
Hon’ble Mr. Justice D. P. Singh / President / Ph. # 0651-2480171
Vacant Member/ Ph. # 0651-2481589
Smt. Kalyani Kar Roy/Member Ph. # 0651-2481589 , 2413109
Mr. S.B. Prasad/Registrar/Ph. # 0651-2481589 , 2562510
http://www.fcamin.nic.in/
http://www.corecentre.co.in/Database/Docs/DocFiles/faq_main.htm
The Department of Consumer Affairs under Ministry of Food and Consumer Affairs :
Responsible for the formulation of policies for Consumer Cooperatives, Monitoring Prices, availability of essential commodities, Consumer Movement in the country and Controlling of statutory bodies like Bureau of Indian Standards (BIS) and Weights and Measures.
The Consumer Protection Act, 1986 (in short, ‘the Act’), is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers.
The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances.
By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services,
the Act makes the dictum, caveat emptor (‘buyer beware’) a thing of the past.
The Act mandates establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness.
The Central Council is headed by Minster, In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments.
It also provides for a 3-tier structure of the National and State Commissions and District Forums for speedy resolution of consumer disputes.
To provide inexpensive, speedy and summary redressal of consumer disputes,
quasi-judicial bodies have been set up in each District and State and at the national level,
called the District Forums, the State Consumer Disputes Redressal Commissions and
the National Consumer Disputes Redressal Commission respectively.
At present, there are 604 District Forums and 34 State Commissions with the
National Consumer Disputes Redressal Commission (NCDRC) at the apex.
NCDRC has its office at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.
Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court.
The National Commission was constituted in the year 1988.
It is headed by a sitting or retired Judge of the Supreme Court of India.
The National Commission is presently headed by:
Hon’ble Mr. Justice Ashok Bhan,
( Former Judge of the Supreme Court of India) as President
and has Nine Members, viz.,
Hon’ble Mrs. Rajyalakshmi Rao,
Hon’ble Mr. Justice K. S. Gupta,
Hon’ble Dr. P. D. Shenoy,
Hon’ble Mr. Anupam Dasgupta,
Hon’ble Mr. S. K. Naik,
Hon’ble Justice R.C. Jain,
Hon’ble Justice R.K. Batta &
Hon’ble Mr. Justice B.N.P. Singh.
The provisions of this Act cover ‘goods’ as well as ‘services’.
The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers.
The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.
A written complaint, can be filed before the
District Consumer Forum for pecuniary value of upto Rupees twenty lakh,
State Commission for value upto Rupees one crore and
the National Commission for value above Rupees one crore,
in respect of defects in goods and or deficiency in service.
The service can be of any description and the illustrations given above are only indicative.
However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.
The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit.
In the complaint / appeal / petition submitted under the Act a consumer is not required to pay any court fees but only a nominal fee.
Consumer Fora proceedings are summary in nature.
The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.
If a consumer is not satisfied by the decision of a District Forum,
he can appeal to the State Commission.
Against the order of the State Commission ,a consumer can come to the National Commission.
In order to help achieve the objects of the Consumer Protection Act,
the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.
The National Commission is empowered to issue instructions regarding:
(1) adoption of uniform procedure in the hearing of the matters,
(2) prior service of copies of documents produced by one party to the opposite parties,
(3) speedy grant of copies of documents, and
(4) generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served ,without interfering with their quasi-judicial freedom.
The Registry of the National Commission is on the 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New Delhi which remains open on all working days.
For any enquiry with the Registry of the National Commission,
one can contact on
Telephone No. # 011- 23712109, 23712459, 23389248 and
Fax No. # 011- 23712456.
The filing timings are from 10.00 a.m. to 4.30 p.m.
Every matter filed with the Registry is listed on the 7th day of its filing for admission before the National Commission.
Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus a consumer can file a complaint and also address arguments in person.
In genuine cases where the complainant / appellant / petitioner before the National Commission is unable to engage the services of an advocate ,
Legal aid is provided by the Commission free of charge.
DETAILS UNDER RIGHT TO INFORMATION ACT - 2005
GENERAL INFORMATION :
Officials / Designation / Tel. No.
Shri B. V. Sharma /Appellate Authority /23760107
Shri H. D. Nautiyal /Public Information Officer /23358074
Shri Iqbal Ahmed /Assistant Public Information Officer /23712459
Working Hours : 9.00 a.m. to 05.30 p.m. (each working day)
Holidays : All Central Government Holidays.
Time Frame:National Commission based information will be supplied within 1-30 days.
Fees :
Application Fee Rs. 10/-
Photocopy Rs. 2/- per page
Inspection of record No fee for one hour.
Thereafter, Rs. 5/- for each 15 minutes.
Diskette or Floppy Rs. 50/-each
(The Draft/Postal Order towards the fee should be in favour of ‘The Pay & Account Officer, Ministry of Consumer Affairs’ and payable at New Delhi)
THE PARTICULARS OF NATIONAL COMMISSION:
The address of the National Commission is :
a) Postal Address :
National Consumer Disputes Redressal Commission
7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath,New Delhi – 110 001
b) E-mail I.D. : ncdrc@nic.in
c) Website : http://ncdrc.nic.in
d) Phone No. : 011 – 23712459, 23712109
e) Fax : 011 – 23712456
JURISDICTION :-
The National Commission constituted under the Consumer Protection Act, 1986,
and shall have Jurisdiction –
(a) To entertain :-
(i) Complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and
(ii) Appeals against the orders of any State Commission; and
(b) To call for the records and pass appropriate orders in any dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or its jurisdiction illegally or with material irregularity.
DIRECTORY OF OFFICERS :
Sl. No. / Name of Officer / Designation / Tel. No.
1.Shri B. V. Sharma
Registrar
23760107
2.Shri H.D. Nautiyal
Joint Registrar
23358074
3.Shri S. Hanumantha Rao
Deputy Registrar
23327666
4.Shri D. L. Bhola
Principal Private Secretary
23327666
5.Shri H. C. Joshi
Assistant Registrar
23327666
6.Shri R. Natarajan
Assistant Registrar
23712459
7.Shri Iqbal Ahmed
Assistant Registrar
23712459
8.Shri S. Viswanathan /Section Officer /23712109
Frequently Asked Questions:
Q)Who can file a complaint ?
A) Any person who can be termed as a consumer under the Act can make a complaint.
The following are the persons who can file a complaint under the Act :
a consumer; or
any voluntary consumer association registered under the Companies Act, 1956 or
under any other law for the time being in force, or
the Central Government or any State Government,
one or more consumers, where there are numerous consumers having the same interest.
Q) What are the issues to consider when filing a complaint?
A) You would have to check where the jurisdiction would lie and then ascertain the value of the claim.
You will have to file your complaint depending upon the amount of money or compensation you want from the opposite party for the deficient service he has provided you or for the defective product that you have been sold.
It is important to note that most Judges in these courts will be able to tell if you are unnecessarily filing a complaint & are just trying to make a quick buck.
Q) Where do I file my complaint?
Pecuniary Jurisdiction
In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value,
you will have to file the complaint in the District Forum constituted in the specified districts of a State.
In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore, you will have to file the complaint with the State Commission constituted in the capital cities of the different states.
In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.
Territorial Jurisdiction:
The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises.
Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you.
This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose.
If the matter is above 20 lakhs but below 1 crore then it would be filed in the
State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in.
These two factors will have to be kept in mind while filing your complaint.
Q) How many Consumer Courts are there?
A) There are consumer forums at the District, State and National level.
At present, there are 569 District Forums, 33 State Commissions & the highest body which is the National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath , New Delhi.
The District Forums are headed by the person who is or has been or is eligible to be appointed as a District Judge and the State Commissions are headed by a person who is or has been a Judge of High Court.
The National Commission is headed by a sitting or retired Judge of the Supreme Court of India. Hierarchy of Consumer Courts in India (Visual Representation)
Q) Are other Court Excluded from hearing consumer disputes?
A) The jurisdiction of other courts to hear consumer disputes is not excluded.
This is because the Parliament of India felt it was necessary to have an efficient & convenient mechanism to address and resolve the various consumer complaints across the country.
As a result it created a three-tier remedial machinery for the inexpensive and quick disposal of consumer complaints.
As these forums only deal with consumer complaints/issues and nothing else,
all their time can be devoted to addressing consumers complaints.
Q) What Do I Put In My Complaint ?
A) Your complaint has to be clear ,definite and precise.
All your facts and documentation must be in order.
You will have to include -
(a) A cause-title.
(b) The complaint should, if possible have a heading
(c) The name, description and address of the complainant.(your name)
(d) The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained.
(e) The facts relating to the complaint and when and where it arose.
(f) How the opposite parties are liable to be proceeded against and why are they answerable or accountable to this petition.
(g) Copies of documents in support of the allegations contained in the petition.
Complainants are advised to keep copies of the complaint / petition and all furnished documents for their records.
A list of documents should also be furnished along with the complaint, duly signed by you.
(h) You would also need to state how the case falls within the jurisdiction of the tribunal-
whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the Forum’s jurisdiction.
(i) You are also entitled to claim the costs of your complaint from the opposite party.
Hence include that amount in your complaint.
Q) Is There A Fee For Filing A Complaint ?
A) Under the original un-amended Act of 1986, no requirement of payment of Court-fee or any other formal procedure of Court was contemplated.
However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint.
For example in the District Forum located in Delhi the fee structure is as follows –
Up to 1 Lakh – Rs.100
1 Lakh & above but less that 5 Lakhs – Rs.200
5 Lakhs & above but less that 10 Lakhs – Rs.400
10 Lakhs & above but less that 20 Lakhs – Rs. 500
You will have to pay the specified fee in the form of a crossed demand draft drawn on a nationalized bank or through a crossed Indian Postal Order in Favour of the Registrar of the State Commission & payable where it is situated.
The concerned District Forum shall deposit the amount so received.
Q) Is There Any Time Limit For Filing A Complaint ?
A) Yes, the time limit is within two years from the date on which the cause of action arises.
This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.
Q) Can This Time Limit Ever Be Extended ?
A) Yes ,But only under certain Circumstances.
If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up.
However, the delay for every single day has to be explained.
Q) Do I Have To Be There Myself To File A Complaint ?
A) Not necessarily , you can present your petition in person or by an authorized representative.
You may also send the complaint/petition by Registered Post.
It is good to send some extra Copies and to keep an extra one for yourself as well.
You will also need to give a copy to the opposite party.
Q) Can More Than One Consumer File A Single Common Complaint ?
A) Yes, consumers having the same problem can join together and file a single complaint.
This can be done by enclosing a petition with the complaint for joining together and filing a complaint.
This petition should just state that since the facts and circumstances relating to the complaint are the same and also since the same relief is to be claimed for all the petitioners they may be allowed to join together and file a single complaint.
Q) How Do I Inform The Opposite Party about the complaint ?
A) A notice is required to be sent to the opposite party.
This can be done by registered post which is to be delivered to the address where the opposite party resides , works or carry’s on his business.
Q) Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes?
A) No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs.
Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act.
The Consumer Protection Act, 1986, guarantees the following statutory rights to the consumers-
The right to be protected against the marketing of goods and services which are hazardous to life and property:
To simplify this it can be said that it is the duty of the manufacturers and the distributor not to supply any goods to the consumers which fails to comply with the general safety requirements in all circumstances.
It is important to know that safety standards are published from time to time by the relevant authorities in relation to many types of consumer goods.
The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; by simplifying this right it can be said that consumers are given the right to information.
This is intended to save the consumers from unfair trade practices like false and misleading descriptions about the nature and quality of goods, exaggerated statements about their power or potency, for example,
that the hair oil is capable of promoting hair growth or preventing hair loss where there is no such power to an appreciable extent.
It may be noted that a victim of unfair trade practices would be able to come before a Consumer Forum only if he is a consumer within the meaning of the Act.
Other buyers would have to go to the Monopolies Commission under MRTP Act.
The right to be assured, wherever possible, access to a variety of goods and services at competitive prices; For the convenience of the consumers the Central Council has been charged with the responsibility of bringing about the organization of markets and market practices in such a way that all dealers are supplied with a variety of goods for the benefit of the consumers and that the goods with a variety are being offered at competitive prices.
It is only then the consumers will have access to variety and will be able to enjoy the benefit of competitive prices.
The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate forums; Right to be heard is not only the the foremost right of consumers it is a principle of natural justice also.
The Central Council is charged with the responsibility of assuring to consumers that they would be heard as of right by appropriate forums and consumers will receive due attention and consideration from such forums.
The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; The consumers have been given the right to seek redress against restrictive/unfair trade practices or unscrupulous exploitation.
The right can be explained clearly by following example -
where money was deposited in advance for the supply of a car within two months and the car was actually supplied some time after two months, in such situation retention of money beyond the period of two months is an unfair trade practice and the consumers can claim proper interest on the deposit for the period of delay.
The right to consumer education.
This right is most important right because once the people are rendered conscious of their power, they may perhaps, feel energized to struggle against exploitation by manufacturers and traders.
The Central Council has been charged with the responsibility to provide to the people proper education in terms of their remedies under the Act.
It can be hoped that people's awareness is likely to prove a better tool for putting the trade on some level of discipline than tons of Government controls.
However, consumer's strongest and the most precious right, which he keeps to the last, is the 'refusal to buy' and withdraw the patronage from the seller who always craves for it because, without it, he has none to sell.
EXERCISING YOUR RIGHTS AS CONSUMER:
Q. What should I do in case my Rights as a Consumer are violated?
A)Before you start to take legal action it is important to try and resolve the problem yourself.
Make sure you are calm.
Be clear and reasonable.
If you are not sure what you are entitled to do under the law, ask for advice first.
Do not loose your temper.
Talk to all the concerned persons.
All this would hold you in good stead if and when your case goes to court.
Q. What are some other useful tips in case of defective products?
A lot of times, some simple tips like getting back to the seller or trader would save you a lot of time, money and tension.
Most respectable manufacturers/ shop keepers have an exchange or money back policy which could be availed of.
The following tips would be handy-
Tell the trader/ service provider as soon as you discover the fault so that you could exchange the product or get the appropriate remedy immediately.
Do not delay in regard to return back to the seller or trader.
A lot of products have a limited warranty period and if the complaint is within time then you may be able to get the remedy you want quickly.
Stop using the item! If you continue to use it despite knowing the defect then it would be difficult for you to get any kind of compensation or relief from the opposite party or the consumer courts.
Always give the trader or organization the chance to sort out your problem, before resorting to Court action.
Q. What are the required documents and facts?
A) Always keep copies of your bills, written contracts, estimates, receipts, warranties, and other documents that are related to the complaint.
Keep detailed written notes of all conversations with the business including names and dates..
Keep copies of any letters you send.
Never throw away or misplace any of these documents after you make your purchase as most people often do.
Q. What are my legal rights?
A)Firstly the consumer has a right to be protected from defective goods & service.
You have a right to be informed about and the right to choose from a variety of goods and services.
The consumer also has a right to be heard and to seek redressal in case of a deficiency or defect in the goods or services purchased.
It is important for all consumers to know their rights and to be able to be exercise them freely.
Therefore you are entitled to approach a consumer court for justice.
Q. Have I exhausted all other remedies?
A) It is important to have exhausted all other remedies before filing a complaint .
This will be viewed positively in a consumer court .
Going to court is a big step and should not be taken lightly.
What you will have to do is –
Make sure you have complained to the right person .
Find out where their Head office located .
Then proceed to write to the customer service manager who is authorized deal with all complaints.
If any one from the local branch has not followed up with your complaint the mention it in your letter or phone call.
It is of course, better to write and mail your complaint as you can keep a record of it for future reference.
Remember, do not threaten or abuse any one. Always be polite but firm.
If not ,the opposite party will mention it in their response to your complaint if the matter reaches court.
If all this fails then look to consumer organizations for advice for dealing with your complaint.
Some of them may take up the matter on your behalf and will follow it up.
Many of them have the necessary experience to deal with these matters.
Q. Can I still go to Court if my complaint is redressed in part?
A) Yes, if you feel that the remedy provided by the trader is not what you had asked for then you may approach the consumer courts.
For example, upon detecting some defect in a new washing machine you had just purchased you approach the seller & inform that you would like to have it replaced with a new one.
The seller however, offers to have only the defective part repaired.
If you are still not satisfied with this offer you may approach the courts for the relief that you originally wanted.
This is of course subject to the terms and conditions of the purchase or agreement between parties.
Q. If some one performs a free service for me which is defective can I still approach the courts for any relief ?
A) No, not if the service provided to you if absolutely free.
If the person who performed the service has not received any money or ‘pay’ for the service performed then it does not fall within the definition of service under the Consumer Protection Act.
Therefore you would not be able to make him liable under the act or be able to take him to a consumer court.
However in certain circumstances, like in the case of a government hospital or doctor ,
you could file a complaint even though the service provided to you is free.
The doctor or hospital could still be liable in case of any deficiency of service because even though you have not paid any money they would still receive a remuneration from the government for providing this service.
The fact that they get paid for their work , whatever the source of the pay, entitles you to file a complaint against them & make them liable.
The detailed position is as under-
(i) Where services are rendered free of charge, with no payment received directly or indirectly, the Act does not apply.
(ii) But, where the fees charged are required to be paid by every body availing of the services, then the Consumer Protection Act, applies.
(iii) Where charges are required to be paid by persons availing of services, but certain categories of persons (who cannot afford to pay) are not charged for services, then also, the Act applies.
Q. What relief can I expect on my complaint for defective products?
A) You will have to carefully consider
what is the appropriate relief you want or expect from the trader or the seller, viz.-
Do you wish to have your money refunded.?
Do you want the product repaired?
Do you want the product replaced?
Do you want any compensation?
Do you want them to discontinue the sale of goods in question?
Do you want a simple apology from the trader or service provider?
Don’t be vague.
When you are absolutely sure of what you want, you must mention it clearly to the trader, manufacturer or to the consumer courts as the case may be.
Q. What are the questions that would help you sustain your case?
A) The following questions would give you a good idea as to whether your case is maintainable and could be agitated in a court or consumer forum-
Firstly you have to consider whether your complaint is justified?
Secondly have you complained to the right person?
Thirdly have you made out a sustainable legal ground?
Fourthly it is important to know if you have marshaled all your facts properly?
And lastly what are the relief’s you are seeking from your complaint?
Q. What Does The Act Apply To?
A) The Act applies to all goods and services unless specifically exempted by the Central Government.
It covers all the sectors whether private, public or cooperative.
Q. Can I Argue And Present My Complaint In Court Myself?
A) Yes, You do not have to be a lawyer to argue before consumer courts, or for that matter any civil Court.
However if the matter is a complicated one it is always advisable to engage someone including a lawyer with necessary experience in such matters.
By a series of judgments, the Courts have granted a party to the proceeding before the District Forum/State Commission the right to authorise a person of his choice to represent him and also to examine and cross-examine the witnesses, address the Court and take part in the proceedings as the case may be.
Q) What does the term ‘service’ mean ?
A) A consumer avails of numerous services in his/her day-to-day activity in return for a consideration, which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. The definition of "service" under the Act does not include the rendering of any service free of charge or under a contract of personal service. A few examples of services would include banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information. Also services by and large, include those provided by professionals such as Doctors, Engineers, Architects and Lawyers etc.
Q) What does the term “Deficiency” mean ?
A) Under the Act, "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of a service. In order to file a complaint against deficiency in service, such service should necessarily have been rendered for consideration. Such consideration may however been paid or promised, or partly paid and partly promised, or the service may have been rendered under any system of deferred payment.
Q) What does the term ‘Goods’ mean ?
A) The term "goods" under the Consumer Protection Act means goods as defined in the Sale of Goods Act, 1930. The sale of Goods Act defines goods as every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale.
Q) What does the term ‘Defect’ mean ?
A) Defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract which express or implied or as is claimed by the trader in any manner whatsoever, in relation to any goods.
Q) What does the term ‘Restrictive Trade Practice’ mean ?
A) Restrictive trade practice means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include –
a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;
(b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services.
Q) What does ‘Unfair Trade Practice’ mean?
A) Unfair trade practice" means any unfair or deceptive method/practice adopted by a seller for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. Such unfair trade practice will among others will include: -
(a) Making false or misleading representations that goods/services are of a particular standard/quality/quantity/grade,
(b) Falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods
(c) Representing that goods/ services have characteristics/ uses/ accessories/ sponsorships etc. which they do not have or giving any guarantee as to performance/efficacy that is not based on an adequate or proper test’
(d) Representing that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have
(e) Misleading the public concerning the price at which products & services are sold or misleading the public concerning the need for, or the usefulness of, any goods or services;
(f) Gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof
(d) Advertising the supply of goods/services at bargain prices, when in fact they are not meant to be offered for sale at such bargain prices;
(e) Offering of gifts, prize with the intention of not providing them as offered or if the price of the gift/prize is actually included fully or partly in the item sold;
(f) Non-compliance of product safety standard;
(g) Hoarding or destruction of goods.
Q) What does the term ‘Consideration’ mean?
A) Consideration under the Consumer Protection Act is defined in the same manner as it is under the Indian Contract Act, which defines Consideration as follows:
When, at the desire of the promisor, the promisee, or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.
The basic meaning of the above definition is that if as a consumer you promise to pay or do anything that can be reasonably construed as a payment or part of a payment (for a good or a service) then you have given adequate consideration for the good you wish to buy or the service you wish to avail of.
The same is true for lending of your goods to a third party or letting a third party avail of the services for which you have paid.
This forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice.
If you have further queries, please mail us at advisor@core.nic.in in maximum 200 words
1.37
Supreme Court Rules Relevant to Consumer Protection Act
GSR 409, dated 3-7-1990
In exercise of the powers conferred by Article 145 of the Constitution and all other powers enabling it in this behalf,
the Supreme Court hereby makes, with the approval of the President,
the following rules further to amend the Supreme Court Rules, 1966, namely:—
1. (1) These rules may be called the Supreme Court (First Amendment) Rules, 1990.
(2) They shall come into force on the date of their publication in the Official Gazette.*
In the Supreme Court Rules, 1966.
2. (a) Order XX(F) with the title “Appeals under section 23 of the Consumer Protection Act, 1986 (68 of 1986)” shall be inserted after Order XX(E).
XX(F).—The petition of appeal from an order made by the National Disputes Redressal Commission (hereinafter referred to as “The National Commission”) under sub-clause (i) of clause (a) of section 21 of the Consumer Protection Act, 1986 (69 of 1986) shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against:
Provided that computing the said period, the time requisite for obtaining a copy of such order shall be excluded.
2A. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the ground relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant.
3. The petition of appeal shall be accompanied by:—
(i) an authenticated copy of the order appealed from; and
(ii) at least seven spare sets of the petition and the papers filed with it.
*Supreme Court of India, Notification No. GSR 409 dated July 3, 1990, published in the Gazette of India, Part II. Section 3(i), dated 7-7-1990, pp. 1541-1544. (F.No. 548/RS/SCI/90).
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sc Rules relevant to Consumer Protection Act
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4. After the appeal is registered, it shall be put up for hearing ex parte before the court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require.
5. A fixed court fee of Rs. 250 shall be payable on the petition of appeal under this order.
6. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under section 23 of the Consumer Protection Act,1986 (68 of 1986).
The table of contents (page vi) of the Supreme Court Rules, 1966 and Third Schedule—Part II with regard to fees will be amended as under:—
Order Table of Contents Rules Page
XX-F Appeals under section 23 of Consumer 1-6 63 Protection Act, 1986 (68 of 1986
http://ncdrc.nic.in/judgements.html
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION ,NEW DELHI
REVISION PETITION NO. 869 OF 2001
(From the order dated 1.2.2001 in First Appeal No.1848/98
of the State Commission, Haryana)
National Insurance Co. Ltd. .. Petitioner
Vs.
Public Type College .. Respondent
BEFORE:
HON’BLE MR. JUSTICE D.P. WADHWA,
PRESIDENT
HON’BLE MR. JUSTICE C.L. CHAUDHRY, MEMBER
HON’BLE MR. JUSTICE J.K. MEHRA, MEMBER
MR. B.K. TAIMNI, MEMBER.
Burglary, if includes theft
For the Petitioner : Mr. V. Nandwani, Advocate
for Mr. K.L. Nandwani, Advocate.
DATED THE 10th MAY, 2001
ORDER
PER JUSTICE D.P. WADHWA (PRESIDENT)
This is insurer petition under clause (b) of Section 21 of the Consumer Protection Act, 1986. Insurance Co. as opposite party lost both before the District forum as well as in the State Commission.
Respondent (complainant) purchased an electronic plain paper copier for a sum of Rs.1,40,000/- and insured the same with the petitioner for burglary/theft and fire. During the subsistence of the insurance policy on the night of 6th and 7th August, 1994 the machine along with another machine was stolen from the premises of the
2complainant by someone by way of house breaking for which a criminal case was registered by the Police. Complainant alleged that house breaking took place by opening the locks of the door of the shop which was done either by using duplicate keys by the thieves or by using second set of keys which complainant said he had lost about a year back. Police did investigate the case but neither the machine nor the thieves were traceable.
Complainant filed his claim under the insurance policy and submitted all the relevant documents. His claim was denied by the insurer. It was contended that insurer was liable to indemnify the insured only if any loss or damage was caused to the insured property due to burglary or house breaking and theft following upon actual forcible and violent entry in the premises and also if the keys had been obtained by assault or violence or under any threat. It was thus stated that there was no forcible entry in the premises of the complainant nor the keys were obtained by assult or violence or any threat. Insurer contended that there was no such allegation in the complaint and it was right in repudiating claim of the complainant as it did not satisfy the terms and conditions of the insurance policy.
District Forum after considering the terms of the policy and the provisions of law came to the conclusion that claim was covered under the policy and allowed the complaint. It directed the insurer to pay Rs.1,40,000/- with interest @ 18% per annum. It awarded cost of Rs.1,000/- as well to the complainant. The insurer went in appeal to the State Commission which, as noted above, dismissed the appeal which order is now impugned before us.
3If we refer to the order of the State Commission there is no such discussion that the insurance policy did not cover the theft in question of the photo copier. Only plea which appeared to have been taken before the State Commission was that the District Forum did not take into account the depreciation of the machine which had been purchased in the year 1989. State Commission, however, reduced interest from 18% to 12% otherwise maintaining the order of the District Forum. In the grounds of appeal to the State Commission we find that the Insurance Co. did take up the ground that the claim was not covered under the insurance policy inasmuch as there was no forcible entry in the premises and further that there was no evidence of any violence. In the grounds of revision before National Commission this very plea has also been taken. In spite of the fact that before the State Commission during the course of arguments the plea of exclusionery clause was not taken as we do not find any discussion in the judgment, We accept the submissions of the Insurance Co. that such a plea was raised though not considered. We have not been addressed any argument on the plea of depreciation of value of the machine which we rather find was not taken in the grounds of appeal before the State Commission.
We allowed the insurer to take up the plea on forcible and/or violent entry in the premises for committing theft and heard the learned counsel if the insurance policy did not cover the case in hand. Schedule to the insurance policy which perhaps is the cover note contains the description of the machine, its insured value and the premium etc. It is mentioned that the policy pertains to “Burglary and House Breaking Policy”.
4 Reference has been made to the operative clause of the insurance policy which is to the following effect:
“The company hereby agrees subject to terms, conditions and exclusions herein contained or endorsed or otherwise expressed hereon to indemnify the insured to the extent of intrinsic value of:
(a) any loss or damage to property or any part thereof whilst contained in the premises described in the schedule thereto due to Burglary or House Breaking (theft following upon an actual forcible and violent entry of and/or exit from the premises)
(b) Damage caused to the premises to be made good by the Insured resulting from burglary and/or house-breaking or any attempt threat any time during the period of insurance.
Provided always that the liability of the Company shall in no case exceed the sum insured stated against each item of Total Sum Insured stated in the Schedule”.
In the grounds of appeal before the State commission it was stated by the insurer that there was no forcible entry in the premises. Further that there was no evidence of any violence. In the grounds of revision before us it has been stated that the surveyor appointed by the insurer reported that there was no forcible or violent entry in the premises from where theft took place. It was pleaded that since there was no forcible or violent entry which had been proved, there was no burglary or house-breaking. It
5
would be thus seen insurer itself understood the term burglary or house breaking, in the clause quoted above, that there has to be forcible or violent entry in the premises. Complainant submitted that the words “theft following upon an actual forcible and violent entry” as appearing in the bracket portion after the word house breaking in the clause applied only to house breaking and not burglary. According to Insurance Co. itself, the entry to the premises has either to be forcible or violent.
It was contended by the insurer that there was no evidence that there was forcible entry into the premises of the complainant for the purpose of making theft and since no burglary was committed the insurance policy did not cover a simple theft.
We do not find insurer is right in its mission. In common parlance burglary is understood as theft. We have not been told if there was any separate policy for theft. If we draw on our knowledge as to what has happened in normal course of events, which we can do in these proceedings, it can safely be assumed that complainant asked for insurance cover for theft and the Insurance Co. did insure the property against theft by giving the policy name Burglary and House Breaking. Question is what does a common man understand by the term burglary when he goes for insurance to cover the case of theft? We do not have to go for any legal terminology of the word or strict meaning of the term in English dictionaries . Even these dictionaries give different meaning to the term burglary. If we refer to the Concise Oxford Dictionary (10th Edition) burglary is defined as “illegal entry into a building with intent to commit a crime such as theft”. In the Longman Dictionary of Contemporary English burglary is a “crime of entering a building by force with the intention of stealing”. In the New
6
Webster’s Dictionary of the English Language (College Edition) burglary is “the crime of breaking into the house of another at night with felonious intent, sometimes extended by statute to cover the breaking and entering of any of various buildings by night or day”.
In Dino Services Ltd vs. Prudential Assurance Co. Ltd. (1989)1 All ER 422, (CA) goods were stolen from the premises of the insured by thieves who had stolen the keys to the premises from the insured’s car and then entered the premises at night by simply using the keys in the normal way to unlock various doors, without causing any physical damage to the locks or to the doors.
The insurer repudiated the claim on the ground that loss or damage had to occasion from theft involving “forcible and violent” means of entry to the premises. Trial court held on these facts there had been entry to the premises both by forcible and violent means within the meaning of the policy.
On appeal filed by the insurer it was not disputed that opening of the doors with stolen keys constituted forcible entry within the meaning of the policy and the only issue before the court of appeal was whether the entry had also been violent.
In the context of the policy of insurance against theft from the premise by forcible and violent means of entry, the court said that the word ‘violent’ is to be construed according to ordinary meaning and meant entry by the use of any force which was accentuated or accompanied by a physical act which could properly be described as violent in nature and character.
Since there was no evidence of any violence, the Court held that policy did not cover the loss sustained by the insured.
7
In the present case since the stand of the insurer has itself been that the entry to the premises has either to be forcible or violent and in view of the aforesaid decision of Court of Appeal in the case of Dino Services Ltd. Vs. Prudential Assurance Co. Ltd. it can be said that entry to the premises was forcible and thus covered under the policy for loss by theft.
In common parlance burglary will certainly mean theft. We have not been told or shown if there is any separate policy for theft if, according to the Insurance Co., burglary does not include simple theft.
We are thus of the opinion that the claim of the complainant was justified under the insurance policy and repudiation of the policy by the petitioner-insurer was wrong.
We, therefore, uphold the order of the State Commission and dismiss this petition.
……… …………………….J.
(D.P. WADHWA)
PRESIDENT
……………………………..J.
(C.L. CHAUDHRY)
MEMBER
……………………………..J.
( J.K. MEHRA )
MEMBER
………………………………
( B.K. TAIMNI)
MEMBER
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