Things to know about consumer:

We have just putting down some basics for understanding of consumer courts:

1) Who is a consumer? A person who consumes is called consumer and the product/ service he avails must be for some consideration. Free services and products/ services availed for a commercial purpose doesn’t come under Consumer protection act.

2) Where to approach? If the value of claim is under 20 lacs, you can approach District Consumer Forum, for claim between 20 lac to 1 crore, you can approach State Commission and for claims more than Rs 1 crore, you can approach National Commission.

3) What relief can consumer forum/ commission give? The consumer forum can provide you required relief along with compensation and damages and legal fee.

4) What if I have an agreement with builder for penalty clause? Even if you have an agreement with builder for penalty clause, the consumer forum can still grant you relief for damages and compensation which is not driven by the agreement executed between the parties.

5) What if the agreement contains an arbitration clause? Even if the agreement contains an arbitration clause, there is no bar for consumer forum to proceed with the cases and the relief can be granted independently.

6) What if the agreement contains a territorial jurisdiction clause? The consumer protection act defines the forum/ commission jurisdiction and the consumer forum/ commission jurisdiction is not driven solely by the jurisdiction clause in the agreement.

7) What is the limitation period for filing complaint? The consumer protection act defines the limitation period as 2 years from the cause of action. For example, if you have bought a Television, which got some problem in May 2010, then you can approach the consumer forum by May 2012.

8) Is the limitation also approlicable where builder didn't handover possession of the plot/ flat? This is a bit tricky. Suppose you bought a flat, the possession of which was required to be handed over in December 2009 but the builder didn't handover the same to you. Now if we simply construe the provisions of the act, the complaint must have been filed by December 2011 but it is not the case. As the builder has neither given you possession nor refunded the money, the cause of action is continuous and the said limitation clause is not applicable.

9) What if I get the order in favor but the opposite party doesn't comply with it? You can file execution applications under Section 25 and 27 of consumer protection act before the concerned forum and the opposite party may be imprisoned under Section 27 and under Section 25, the amount may be recovered by sending the recovery certificate to Deputy Commissioner/ District Magistrate.