Obtaining legal remedies is a problem in and of itself. It involves a mediator called a lawyer. But there are exceptions, and availing of benefits under the Consumer Protection Act doesn’t necessitate the involvement of lawyers. That is why it’s necessary to have full procedural information at your disposal.
If you are someone who has spent or promised to spend money for any good or service, then under Section 2(7) of the Consumer Protection Act (CPA), 2019, you are a consumer. Section 2(47) of the act will be used to check whether you have been cheated or not.
False representation of any particular standard, quality, quantity, grade, composition, style, or model, sponsorship, approval, performance, characteristics, accessories, uses, or benefits is prohibited under this section. Additionally, under the Consumer Protection Act, manufacturing and selling spurious goods, not issuing bills, refusing to take back the goods, or not refunding the amounts are also prohibited.
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Procedure for filing a complaint
If you have faced any of them and it has not been more than 2 years since you spent money, you need to prepare the complaint. Complaints should involve every minute detail about you and the business that has cheated you. Your identity, your business’ identity, and receipts or bills are your proofs. Make sure you possess at least three photocopies of each of these documents.
If the amount is under 50 lakh, you need to approach the district forum. The State Consumer Forum is reserved for sums ranging from Rs 50 lakhs to Rs 2 crore. For more than 2 crore, the National Commission is the only authority.
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The commissioner will then refer the copy to the business within the next 21 days. The business has to respond within 45 days from when it received the complaint. In the event that the shopkeeper refutes the allegation, the commissioner is required to arrange for an inquiry within 45 days. The judgement is given after a proper hearing for both sides.
In case someone is unhappy, they can ask the commissioner to review it. An appeal to higher authorities is also permitted. Just remember one thing. If you take more than the prescribed limitation period, make sure you have adequate reasons to persuade the forum.
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