Procedure for Filing a Compliant
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Procedure for Filing a Compliant

Procedure for filing a compliant • A complaint should contain the following information: • The name, description and address of the complainant, • The name, description and address of the opposite party or parties, as far as they can be ascertained, • The facts relating to complaint and when and where it arose, • Documents, if any, in support of the allegations contained in the complaint,

Procedure for filing a compliant

• A complaint should contain the following information:

• The name, description and address of the complainant,

• The name, description and address of the opposite party or parties, as far as they can be ascertained,

• The facts relating to complaint and when and where it arose,

• Documents, if any, in support of the allegations contained in the complaint,

• The relief which the complainant is seeking.

The complaint may be presented by the complainant or his authorized agent in person or may be sent by post. There is no fee for filing a complaint.

DEFECT

It means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or may be standard which is required to be maintained by or under any law for the time being in force, under any contract, or as is claimed by the trader in any manner whatsoever in relation to any goods.

DEFICIENCY

It means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be sustained by or under any law for the time being in force or has been commenced to be executed by a person in pursuance of a contract or otherwise in relation to any service.

Remedies available to a Consumer

Under the Consumer Protection Act, the following remedies are available to a dissatisfied consumer:

• Removal of defects in goods, or

• Replacement of defective goods with new goods of similar description which shall be free from any defect, or

• Return of price by the seller, or

• Payment of compensation for any loss or injury suffered by the consumer, or

• Removal of deficiency in the service,

• Discontinue the unfair/restrictive trade practices, and not to repeat them,

• not to offer the hazardous goods for sale,

• Withdraw the hazardous goods from being offered for sale, (ix) provide for adequate costs to parties,

Restrictive trade practice

It means any trade practice which requires a consumer to buy, hire or avail of any goods or services as the case may be, as a condition precedent for buying, hiring or availing of other goods or services.

For example,- if a gas dealer forces a consumer to purchase a gas stove for releasing the gas connection, it is a restrictive trade practice. The definition of restrictive trade practice under the Act enables a consumer to make a complaint in the case of a tie-up sale. Such a sale is nothing but an inequity of the transactions, being in the nature of an imposition on an unwilling consumer.

 

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