Consumer Cases

21.12.14 – Tarun Mitra Mandal – Chinchpokli

Consumer

Consumer RightsConsumer Rights Right to Safety

Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc

Right to be Informed Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

Right to Choose Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices

Right to be Heard Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers .

Consumer Rights

Right to Seek Redressal Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.

Right to Consumer EducationMeans the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Consumer Rights

Consumer Protection Act - 1986

Consumer Protection Act-1986.htm

WEB SITE - www.confonet.nic.in

Consumer Courts Hierarchy

National Commission

State Commission

District Consumer Forums

District Consumer Forums

Delhi

State Capitals

Revenue Districts

Mumbai – Consumer CourtsMAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

Administrative Staff College, Room Nos. 1 and 2, Hazarimal Somani Marg, Opp. C.S.T. Station,

Mumbai - 400 001.Telephone: 022-22072097 / 022-22057409 / 022-22094290

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BANDRA 1. MUMBAI SUBURBAN DISTRICT CONSUMER DISPUTES REDRESSAL FORUM2. MUMBAI SUBURBAN ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM New Administrative Building, 3rd floor, Near Chetna College, Opposite Dr. Ambedkar Garden, Government Colony, Bandra, Mumbai - 400 051. Telephone: 26551625 / 22660068 / 22661043.

PAREL 1. ADDITIONAL MUMBAI DISTRICT - Central Mumbai2. ADDITIONAL MUMBAI DISTRICT - South Mumbai

Plot C S No 4 / 296, First Floor, Administrative Building, P T Paul / Shivadi Division, Near Mahatma Gandhi Hospital, S S Rao Road, Parel (East) 400012 Telephone: 022- 24171360

Thane – Navi Mumbai Consumer CourtsTHANE District Consumer Disputes Redressal Forum The Collectorate Office Building, 2nd floor, Thane (West) Telephone No. 022- 25344069, 25345042

----------------------------------------------------------------------------------------- Navi MumbaiAdditional District Consumer Disputes Redressal Forum Konkan Bhawan Annexe Bldg. 4th Floor Room Nos. 428 & 429, Opp. C.B.D. Belapur Rly. Station Navi Mumbai – 400 614 Telephone No. 022-27574074

Definitions• Complainant

– A consumer– Voluntary Consumer Association – One or more Consumers– In case of Death a Legal Heir or representative

• Complaint – Allegation in Writing – Goods bought or agreed to be bought suffers from defects.– Service hired or availed suffer from DEFICIENCY of Service– Unfair Trade Practice or restrictive trade practice– Charge more than the printed price.– Hazardous goods or Services

• Consumer – Buys Goods or Services– Does not include the person who avails the same for COMMERCIAL

PURPOSE

Important Points when you receive the Complaint

• Consumer Complaint ?• Time Bar ?• Jurisdiction ? • Court Fees Structure ?

Jurisdiction Court Fees Claim Upto

District Forums

Rs. 100 1 lacRs. 200 1 to 5 lacRs. 400 5 to 10 lacRs. 500 10 to 20 lac

State CommissionRs. 2,000 20 to 50 lacRs. 4,000 50 to 100 lac

National Commission Rs. 5,000 above 100 lac

Procedure of Making Complaint

• Vakaltanama (if Advocate is there)

• Condonation of Delay ( If the claim is beyond 2 years )

• Leave Application (if Some of the Opponent is not in the jurisdiction of the Forum)

Procedure of Making Complaint

• Serve Notice-------------------------------------------------------------• Index• Gist of Complaint• Main Complaint Format• Affidavit • List of Annexures• Annexures--------------------------------------------------------------Supporting Documents in Annexures--------------------------------------------------------------

Case Preparation - Index

Sr.

No.Description of Documents

No.of

Docu

Remark

Copy /

Original

Page

1 Synopsis of Complaint

2 Consumer Complaint

3 Affidavit

4 List of Annexures

5 Annex-1- 27.12.13 Diagnosis Prescription

of Opponent

Case Preparation - Gist

Synopsis of the case – Preferably in one or two page

Case Preparation - Complaint Format

• Courts have Different Formats of Complaint• Format of Complaint.doc

Points of Care• Verification• There is no other complaint filed anywhere else.• The case is under 2 years of dispute• The claim is for …… lacs

Verification

At the end of the Complaint –

VERIFICATIONI ,…………………, having Office / Residence at ………………do hereby solemnly declare that whatever stated in foregoing paragraphs of the Complaint / Affidavit is true and correct to my own knowledge and belief.

Solemnly declared at Mumbai….This …… day of ……… 2014

Case Preparation - Affidavit

• Registrars of the Courts attest Free of Cost.

• Point of Care - Carry any Govt. Recognized Photo I Card of the Complainant.

• Format

Before the Honable Consumer Dispute Redressal Forum, South Mumbai District Complaint No. 80 of 2014

Comet Cables Pvt. Ltd.KANDIVALI(West,MUMBAI-400067 Complainant

Vs.

THE NEW INDIA ASSURANCE Co. Ltd.87, MG Road, Fort, Mumbai- 400001 Opposite Party

AFFIDAVIT

I, Jayesh Kotak, aged 52 years, a self employed person in Comet Cables, residing at ………(Address)……………………., do hereby state solemnly affirm and repeat, reiterate, reaffirm and confirm each and every statement made here is true and I further pray that the same be treated true in support of claim in the complaint . My complaint in brief is as under –…………………………………………………………………………………………

Solemnly Affirmed at Mumbai. Dated this ……………….. day of……………….. Deponent

Before me

Case Preparation - List of Annexures

Sr.

No.Annexure Description Page

1 Anexure 1 27.12.13 Diagnosis Prescription of Opponent

2 Annexure 2

3 Annexure 3

4 Annexure 4

5 Annexure 5

Important Points • Legal Paper (Green Paper – A3 Size)• Margins • Line Spacings • Fonts • Page Numbering• Annexures to be signed• No. of sets – Normally 3 sets to Court

– Sets to each Opponent – 1 set for self

----------------------------------------------------------Court Fee - Bank Draft – From Govt Banks

Postal Order----------------------------------------------------------

Procedure of Filing the Case

• File Submission with Court fee.• Case Admission• Notice serving• Case Proceeds• Affidavit of Evidence• Written Arguments / Final Hearing• Judgment

• Appeals to the Higher Forums / Courts

• Executions-– Section 25– Section 27

Reforms• Common Case Formats Simplification and Acceptance.• Universal Language of the Decisions.• Time Bound Case Decisions

- Initially 90 days was the time limit.

• Limit to date adjournments - Courts seems to be happy to give adjournments to Opponent in the name of justice. When it comes to demand of Cost by Complainant .. It is a big Baba ji ka Thullu………

• Forums are not functioning due to space shortages, members not appointed.

• Courts are not imposing fines for non conformance of orders. • Irratic decisions – Sonic Case for Branch Office.

– Case of a retired judge.

Revolution

• OC - Conveyances • BMC Services • Wrong Trade Practice –e.g. Reliance Billing • Deficiency of Services –e.g. Vodafone Call Drops…..• Police • Passport• …………..• RTI Could be big Help to expose the Lacuna of Courts -

Performance ?? Like How many cases and how many judgments , adjournments, Fines, imprisonments, Time Limits

Field Against Complainant Case Details

Airlines Qatar Airways Nitin Chhazed Pilferage

Builder Soni & Associates Soni ParkSociety Formation Charge,

OC, ConveyanceRailways Western Railway Meenu Chhazed Theft in Train AC -III Tier

MobileSony Erricson,Reliance

Mobile,Black Berry Nitin Chhazed PF CMPF Basantkuamr Chhazed Pension

Theft Insurance the New India Assurance - Theft Comet Jayesh Kotak Theft in GodownMediclaim The New India Assurance Hamir Dalal Success Story

Advocate Advocate DesaiAdvocate not attended the

court

Life Insurance Birla Life Insurance Rubina Shaikh Death Passport Passport Pendharkar,Prem Babel Passport issued in 1 yearMedical Dr.Shrikant M. Badwe Ankita Deshpande Fistula Operation Failure

Registrar, Records

Joint District Registrar and Administrative Officer Class II

(Record) Jaisinh Sampat Registration Documents lost

CASE STUDY