Monday, 6 July 2015

CONSUMER REDRESSAL FORUM AND PERIOD OF LIMITATION


What is a complaint and the period of limitation:
At the outset, one should note that, while filing the Complaint before the Consumer Redressal Forum, it should be ensured that the complaint is well within a period of two years from the date on which the cause of action has arisen i.e., to say the limitation period for filing ‘Complaint’ before Consumer Redressal Forum, is two years only.
What constitutes a complaint:
In terms of Section 2 (1) (c) of the Consumer Protection Act, ‘Complaint’ means any allegation in writing made a complainant alleging that:
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 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 in excess of the price;
(a)  fixed 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 to between the parties.
5) 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 when used are being offered for sale to the public;
(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public.  
6)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. 

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