Consumer Protection Act 1986

E-filing in consumer courts likely soon

Pankaj Sharma/ Zee Research Group

E-filling of your complaints in consumer courts may soon become a reality! After promising a year ago to start e- filling in consumer courts, the Consumer Affairs Ministry has achieved a major breakthrough in implementing the project.

A top ministry official told ZRG that the government has just implemented the technology solution to enable the electronic filing of consumer complaints in the country. He said, “Technically the e-filing feature has been developed and this would come under the ongoing scheme for computerization and computer networking of consumer forums in the country.”

He said the next big step to make e-filing a reality would be an amendment to the Consumer Protection Act, 1986, the process for which had already been initiated. India observed about 50 per cent growth in consumer complaints since 2005 with the number of such complaints now pegged at about 35 lakh this April. The government is under pressure to expeditiously clear the backlog of ever rising consumer complaints and digitalization is being touted as a key solution to bring transparency and efficiency in delivering consumer justice. On last count the pending number of cases had piled up to 3.5 lakh, growing by about two per cent every year since 2005.

Vice president and head-government industry solutions unit, Tata Consultancy Services (TCS), Tanmoy Chakrabarty said, “It will empower consumers as the process is fast, cheaper and efficient.” He, however, argued for educating consumers on merits of going online with their complaints. TCS works closely with the government on implementing its e-governance agenda.

However, secretary-general, CUTS International, Pradeep S Mehta believes e-filling won’t be a cake walk for consumers. “We welcome this initiative. The big worry though is the fee payment gateway. Only a small percentage of people use credit cards,” he cautioned.

Mehta predicted that e-filing would put additional pressure on consumer courts since the numbers would go up significantly. The ministry, however, is gearing up to meet the additional pressure. It has yet again written to the state governments to expeditiously fill up the existing vacancies in state and district consumer courts.

The Consumer Protection Act, 1986 | Indian Law

The Consumer Protection Act, 1986 is an endeavor by the Indian Government to safeguard the interests of the general public or consumers. The Act applies to all goods or movable properties and services, such as insurance, banking, transport and housing. The Act enshrines several rights of the consume, including right to safety, right to be heard, right to be informed, right to choose and right to seek redressal.

Consumer Protection Act: Understand your Rights

A complaint can be filed under the Consumer Protection Act against a trader or service provider for unfair or restrictive trade practices, including:

  Sale of defective or hazardous goods Provision of inadequate services Charge of a price higher than the maximum retail price (MRP)

Under the Consumer Protection Act, an individual may seek the following forms of reliefs:

Repair or replacement of defective goods, or removal of the deficiency in service Refund of price paid for defective goods or inadequate service Refund of additional money charged Withdrawal of goods from the stock, which are hazardous to life or safety Compensation for the injury or loss suffered due to the trader or service provider’s negligence

Additionally, a consumer may also seek from the wrong-doer the expenses of filing and enforcing the complaint.

Filing a Complaint under the Consumer Protection Act, 1986

A complaint may be hand-written or typed. For seeking redressal, the complaint must be filed with a registered consumer organization. In case, several customers seek damages from the same party, they can collectively file a complaint with the State or Central Government. A consumer complaint does not require any stamp duty or court fee. The complaint must explicitly specify the nature of the issue and the desired relief sought by the individual(s).

A complaint filed under the Consumer Protection Act is required under law to be settled within 90 days of issuing a notice to the opposite party. However, when a sample needs to be tested for judging the authenticity of a claim, the case may be pursued for up to 150 days.

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