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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