We are all consumers in or the other way, According to oxford Dictionary, “All of us may be called as consumers, when we purchase some movable or immovable property or hire services for various purpose”. We have seen many people speaking about how substandard or contaminated goods they have received, all of us have been at least once in our economic life must have faced this kind of situation where we are not satisfied with the received good or the price or the unfathomable difference between price and the good received similarly we have seen people and also experienced that despite paying the right amount asked we were not provided the comfortable services for instance seat and services provided in trains and buses were extremely uncomfortable. Sometimes we don’t receive the worth of the money we were made to pay . we always blame the goods and services received .we are not always completely aware about the level of satisfaction it may provide and the level of dissatisfaction it may provide or sometimes we are not even aware we will have to face dissatisfaction because of the goods and services. this article provide a guide for the readers who are in one way or another a consumer on an everyday bases, there by letting them know the rights and responsibility that are vested on them and need to be followed , more than this to let them know the jurisdiction and standing of their suits so as to let the consumer protection act 1986 function effectively
The Consumer protection act 1986,
In order to hear out the grievances and compensate the consumer easily consumer protection act was enacted in 1986. this act encourages the people who are consumers to speak up for their rights and for the inadequacies and flaws faced in purchases any goods and services . this statute protect the consumers rights if the traders and manufacturers are engaged in the out lord activity the purpose behind bringing up this legislature to provide assistance to both the parties, consumers and trader or the manufacturers. the act provide for the venue where the consumer can raise complains and the forum to compensate the consumer after hearing it
Consumer Redressal forum:
Jurisdiction, the act of 2019 of the consumer protection has replaced the act of 1986 , in order to adapt with the changing environment . the new act provide for its ambits, e-commerce and transactions.
The Consumer Redressal forums with respect to the act of 2019 of Consumer Protection Act:
Territorial jurisdiction :
the Consumer Protection Act, 2019 now provides that the consumers can register their complaints at a place where all or one of the opposite parties resides or carries on business, or the place of cause of action or where the complainant is residing or works for gain unlike the 1986 Act (which mandated filing of a complaint by the complainant at a place of residence or business of the respondent only), thus increasing the scope of territorial jurisdiction. The ultimate objective behind this is to remove the difficulties and problems faced by the consumers in seeking redressal against businesses. The complaints are registered at appropriate forums based on the limit of pecuniary jurisdiction.
Certain significant modifications have been brought forth by the Act of 2019 concerning the pecuniary jurisdiction for all the forums i.e. the District, State, and National Commissions, respectively:
- The upper limit of pecuniary jurisdiction for the District Commission has been increased from Rs.20,00, 000 to Rs.100,00,000 as per Section 34, Consumer Protection Act, 2019.
- The limit of pecuniary jurisdiction for the State Commission has been increased from Rs.100,00,000 to Rs.10,00,00,000 as per Section 47, Consumer Protection Act, 2019 and,
- The limit of pecuniary jurisdiction for the National Commission has been increased from above Rs.10,00,00,000 to above Rs.10,00,00,000 as per Section 54, Consumer Protection Act, 2019.
These refitting have widened the scope of pecuniary jurisdiction to a much larger extent which has been really helpful. Along with the above-named changes, the 2019 Act has also changed the means for the regulate of the pecuniary jurisdiction on the basis of the valuation of goods and services payable as consideration, unlike the 1986 Act where, pecuniary jurisdiction was determined by the value of the goods and services as well as the compensation sought, therefore not escalating the amount of compensation claimed to bring the complaint within the pecuniary jurisdiction of State or National Commission.
For directing the value of the complaint, the aggregate value of the goods or services and compensation claimed by the complainant. This was held in the case of “M/s Pyaridevi Chabiraj steels Pvt. ltd. v. National Insurance Corporation Ltd.
Alternate Dispute Resolution:
Another critical redressal mechanism incorporated by the 2019 Act, is the alternate dispute resolution in the form of mediation. This dispute resolution is used and incorporated with motive for rapid solution which is also less lavishing to according to the Act of 2019, the complaint can be accredited to the mediation after admitting the complaint or during the first hearing or at anytime previously to the dispute id resolved. The forum shall refer the matter to mediation with the written consent of both the parties, furnished within 5 days.
To this effect, the new act incorporates the establishment of a consumer mediation cell by the respective State Government in each district and state as well as at the national commission by the central government and be attached to the forums.
It is based on the principles of natural justice.
The Act of Consumer Protection Act 2019, is a legislation that secures the concerns of the consumers, the act was also critical to clear up large number of pending cases in the country it is really helpful for the rapid dispute resolution.
This article aims for the readers to understand the rights and duties they are provided with being consumers and how and where they may be able to effectively make benefit of it, which is helpful for the timely and efficient administration.
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