Who Is A Consumer?

A consumer is identified as one who buys goods or services for self-consumption and not for any trade purpose, such as resale or any other commercial purpose. Therefore, this definition, does not apply for Traders, Manufactures and value-added resellers.
 

What Are Your Rights As Consumers?
Basic Needs:

The right to basic goods and services which guarantee survival: adequate food, clothing, shelter, health care, education and sanitation.
Safety:
The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life.
 Information:
The right to be protected against dishonest or misleading advertising or labelling, And the right to be given the facts and information needed to make an informed choice.
Choice:
The right to choose products and services at competitive prices with assurances of satisfactory quality.
Representation:
The right to express consumer interests in the making and execution of government policy.
 Redress:
The right to be compensated for misrepresentation, shoddy goods or deficient or unsatisfactory services.
Consumer Education:
The right to acquire the knowledge and skills necessary to be an informed consumer.
 Healthy Environment:
The right to live and work in an environment which is neither threatening nor dangerous and which permits a life of dignity and well-being.

Do The Sellers Have Any Rights?

Sellers do not have to refund your money just because you change your mind or if you damage the goods yourself.

They do not have to give you a refund if you knew, or should have known, about the fault when you bought the goods.  For example, obvious faults in goods marked as ‘seconds’.

What Are The Precautions To Be Taken Before Purchasing Any Commodity?
Think about what you want the product to do
 Shop around for the best deal
Compare quality and price 
Ask for advice
Inspect goods carefully  
 Keep all invoices, dockets and receipts.

If things go wrong inspite of the precautions, be sure you did not cause the faults. Stop using the faulty goods. Let the seller know as soon as possible. Return the faulty goods as soon as you can or, if they are too large to handle, write to the seller.  Give details of the fault and what you want to do about it. Take proof of purchase with you, for example, a receipt or a credit card slip. Ask to see the manager or the owner.  Often you can settle things then and there.  If you can’t see someone in authority, write a letter.  Explain the problem calmly and clearly. If you leave the goods with the store, make sure you get a receipt. Make sure you look after the goods while they are still in your care.

What Do You Do If The Seller Does Not Agree?

If you and the seller cannot agree, seek advice from some consumer organisations.  If there is not much money involved, you could go to your local customer courts or small causes court.  If there is a fair amount of money involved, you might prefer to get advice from a lawyer or a relevant organisation, for example, Small Investors Association.  Your last resort is to go to Court.

When are you entitled to a refund, repair or exchange of any good and services purchased?

If the goods you buy:
Have some basic, serious fault you could not have known about, when you bought them, for example, a heel should not come off your shoe the first time you wear it:
Does not perform the job that you were made to believe it would, for example, if the glue shop told you that the glue would fix plastic and it only fixes wood:
Are not what they are described as, for example, shoes with plastic soles should not be called ‘all leather shoe’
The goods do not match the sample you were shown.

These are your rights as a consumer.  They cannot be taken away or voided by any other guarantee or warranty offered with the goods.

So do not give up, if a seller tries to tell you that your warranty has run out and you do not have any more rights.  The seller may offer to repair the goods or exchange them.  But you have a right to insist on a refund, if that is what you want.

Services 

In some workshops, or on some services dockets or tickets you may find signs or statements like:

No responsibility for loss or damage; ‘goods left for repair at your own risk’; or ‘All care but no responsibility taken’.  

These signs are misleading.  You must be compensated for services that are not carried out with due care and skill,  for example, carpet cleaners are responsible for making sure your carpet does not shrink or your furniture is not damaged.  Repairs or services must be carried out professionally using the right materials.  You may also have a right to compensation for any loss or damage caused by faulty goods and services.

You have to report the fault or take goods back as soon as possible.

If the goods were bought on hire purchase, you can only ask for a refund of your deposit, any trade-in value, any

payments you have made and cancellations of balance outstanding on those goods. If you have already had a fair bit of use from the goods, you may only have a right to part refund, or repair.
 

Who Can File A Complaint?

         Consumer

        Consumer organisation  

         Representative of many consumers 

         Central and State Governments
 

Against Whom Can You File A Consumer Complaint?

Manufacturers/ providers of goods and services, value adders, retailers and Traders. But it should be noted that a consumer complaint can not be filed against providers of free goods and services.
 

How Do Consumer Courts Function?

The bench at the District forum and State Commission consists of a President and two nominated members, male and female. The President of this forum is usually a District or High Court Judge.  The decision of these members is final.  The National Commission has five member bench, the president being a Supreme Court Judge, and four other members, one of them being a nominated lady member.

The Consumer Courts do not charge any Court fee. Like in the usual case, the complainant can appear himself, through a lawyer or a registered consumer protection organisation. Under the Consumer Protection Act, the cases received by these courts are solved / disposed with in three months of receiving the complaint
 

What Are The Essential Points For The Complainant Before Taking Legal Action?

         Collect all the relevant documents relating to the complaint, such as, guarantee card, receipt, terms of agreement, cutting/clipping of the advertisement, bills, any other correspondence like letter of acknowledgement. 

         Write to the opposite party stating your complaint. Give them 10 – 15 days to respond to your letter.

         Complainant should not part with these documents unless the court asks for it.