Consumer Protection

Consumer protection may be described as rights and measures put in place to protect consumers against exploitative business practices. It makes certain that consumers are protected and they are treated with fairness and that their rights are preserved. These rights may tackle the right to safety, right to information, right to choose, and right to access remedies. 

Importance of Consumer Protection 

• Fair Treatment: Consumer protection laws prohibit various practices that may harm consumers through enforcing misleading business advertisements and shoddy products. 
• Safety: It fosters the ass bn urance that products and services that are of human use do not cause harm or lead to the suffering of the customers. 
• Informed Decisions: Citizens always receive factual information about products and services to allow them to make adequate decisions. 
• Redress: That is, when consumers are injured or defrauded, consumer protection laws offer legal resolutions through which they can seek damages. 
  
  

Laws Relating to Consumer Protection in India 

Consumer Protection Act 1986

The Consumer Protection Act, 1986 is perhaps one of the most effective legislation for the protection of consumer rights in India. The Act also provides for a decentralized quasi-judicial system of redressal at the district, state, and national levels. Some of the provisions are the meaning of the ‘consumer,’ the right of a consumer to complain concerning defective goods, services that are unsatisfactory or concerning any unfair trade practice, and the creation of Consumer Dispute Redressal Commissions. The Act has since been amended several times with the most recent being the Consumer Protection Act, 2019 which repealed the Consumer Act of 1986. To add more protection to consumer rights, the new Act also added elements like product liability, unfair trades, e-commerce rules, and the Central Consumer Protection Authority (CCPA). 

Indian Contract Act, 1872 

This Act is the basis of many contracts and provisions of the commercial law of India. It provides the court with the legal characterization of the contract and the legal rights and duties of the parties. The Act also deals with remedies in case of a breach where the remedies include specific performance, damages, and rescission. But strictly not a consumer protection enactment the Indian Contract Act can be called a very important law while dealing with consumer recovery cases where issues of breach of contract or misrepresentation arise. 

Sale of Goods Act, 1930

One of the paramount laws in India is the Sale of Goods Act, 1930 which covers the sale and purchase of goods in the country. It defines the roles of the buyer and seller and determines the points of transfer of ownership. The Act gives a form of guarantee that the products sold in the market are of the agreed qualities, quantity, and even if they are fit to be used for the intended purpose. In the area of consumer protection law, the Sale of Goods Act is most useful in dealing with concerns such as the sale of goods that have defects, which do not meet the express terms of the agreement or contract, or fail to conform to the warranty. 

Essential Commodities Act, 1955 

The Essential Commodities Act, 1955 provides legal authority to the government to control the production, supply, and distribution of essential commodities for their reasonable price. The Act empowers the government to regulate prices, penalize hoarding, and check black marketing of some goods like food grains, drugs, and petroleum products. On the side of consumers, this Act becomes a great help in avoiding unfair practices of traders and guaranteeing the adequacy of stocks of necessities at fair prices. 

Food Safety and Standards Act, 2006 and Rules, 2011 

The Food Safety and Standards Act, 2006 integrated all the laws relating to food safety and created FSSAI to govern and monitor the food sector. The Act helps maintain the quality and standard of the food and products where it guarantees the safety, wholesomeness, and purity of the food. It provides guidelines on the manufacturing, storage, sales, and importation of food articles. The Act empowers consumers to approach the court to seek remedies in respect of any food article that is unsafe or contains an adulterant and gives them the guarantee of the availability of safe food. 

Information Technology Act, 2000 

The Information Technology Act, 2000 mainly deals with matters concerning the same, electronic commerce, cyber crimes, and the digitalization of business transactions. Yet it contains provisions that regulate consumer relations in the digital environment. The Act defines and regulates: electronic contracts, digital signatures, and electronic records that are essential elements in electronic commerce. It also covers sections that protect consumers against fraudulence on social media, identity theft, and violation of the privacy of their data. In light of e-commerce and digital transactions, the IT Act has a very important role to play in protecting the rights of consumers. 

In case of a breach of contract, what legal remedy do consumers have under the Indian Contract Act, 1872? 

The Act gives the consumers legal options to sue for breach of contract which may entail seeking damages, specific performance, or rejection of the contract all depending on the provision of the contract by the seller. 

As a consumer under the Sale of Goods Act, 1930 what are my rights? 

Consumers can call for replacement of goods, repair of goods, or withdrawal of goods and claim a refund of the price if goods are defective if they do not match the description or description of the contract. 

In what way does the Essential Commodities Act, 1955, help to keep the prices of essential goods reasonable? 

The Act empowers the government to fix the prices of certain commodities, check on hoarding, and guarantee that basic commodities are made available in the market at fair prices. 

What are the rights of consumers under the Food Safety and Standards Act, 2006? 

Consumers are shielded against unsafe and adulterated food; they have the right to make a complaint and sue in case of being affected. 

How can consumers be protected in online transactions under the Information Technology Act, 2000? 

The Act legalizes e-contracts, shields against cybercrime, particularly online fraud, and shields consumers’ digital information and identities. 

Consumer Protection Act, 2019 

Key Provisions 

The Consumer Protection Act, 2019 was enacted to replace the Consumer Protection Act, 1986 and reform the consumer law in India to address the dynamics and challenges of the current digital world. This Act provides several new sections for the protection of consumers like the creation of the Central Consumer Protection Authority (CCPA section). It also contains certain provisions regarding product liability, and unfair terms of the contract, and also introduces certain penalties for giving false advertisements as well as the sale of fake products. The Act incorporates the consumer with improved provisions and easier access to redressal, extends and strengthens the definition of a consumer, and brings in regulations for e-commerce. 

Definition of Consumer

The Consumer Protection Act, 2019 has a wider meaning of ‘consumer’ not only to the person who buys an object or receives any service but also to the one who carries out an operation through an electronic network. A consumer is therefore regarded as any individual who procures products or services for a consideration where a consideration denotes not only cash but also any other things of value such as even a promise to pay for a digital product or service. The Act also excludes persons who acquire the goods to resell or use them in trade, business, craft, or profession unless the acquisition is for personal use only. 

Consumer Rights 

The 2019 Act enshrines six fundamental rights of consumers, which are:

• Right to Safety: Consumer protection against products and services that are regarded as risky to the lives and property of the consumer. 
• Right to Information: Making sure that the consumer receives all the information he requires about the quality, quantity, purity, standard, and price of the product or service being supplied to him. 
• Right to Choose: Protecting that consumers have access to many products and services at the cheapest price possible. 
• Right to be Heard: To guarantee that consumer interests will be considered to the extent that it will be proper to do so in proper forums. 
• Right to Seek Redressal: Giving rights to consumers to come for compensation against the unfair trade practices or exploitative handling of consumers. 
• Right to Consumer Education: Educating consumers to enable them to make the best choices to make in the marketplace. 
  
  

Consumer Grievances and Redressal 

The Consumer Protection Act, 2019 has not left consumers without the adequate process to seek remedies for their grievances. Complainants can pursue issues concerning defects in products, inadequacies in services, unfair and fraudulent activities, and others. The Act also recognizes mediation as a method of solving disputes that is other than that of litigation, and which seeks to utilize the services of a neutral third party to enable the parties in the dispute to find common ground about the issues that separate them. Online reporting of complaints is possible, and there has been an improvement in the consumer redressal mechanism. 

Consumer Forums 

The Act provides for Consumer Disputes Redressal Commissions at the District level, State level, and National level. These forums have been empowered to adjudicate complaints based on the monetary value of the claim: 

• District Commission: For claim amount up to INR 1 crore. 
• State Commission: Between INR 1 crore to INR 10 crore. 
• National Commission: Where the claims are over INR 10 crores.

These commissions are competent to consider complaints, award compensation, and provide other compensation to consumers. The decisions given by the State and National Commissions can be taken to superior courts and thereby there is a strong system of grievance redressal. 

Unfair Trade Practices 

The Act also carries out the provisions of unfair trade practices whereby unfair trade practices involve deception, false representations as to the nature, etc., of the goods that are being sold and offered, and other unfair practices that are likely to exploit the consumers. It provides consumers with the severance to sue businesses involved in such practices and the CCPA has been given powers to act on its allegations, issue fines, and even issue orders for the recall of hazardous products. 

Product Liability 

Another addition that can be considered as the key improvement in the 2019 Act is the idea of the product liability which makes manufacturers, sellers, or providers, responsible for the losses resulting from the provision of substandard goods or services. This means that the consumer can sue for damages if they sustain loss or injury due to the defect and a defective product can be taken to be an outcome of negligence therefore all players in the manufacturing and distribution processes may be held liable. This provision acts as a precautionary measure against the sale of substandard and or a product that is dangerous to the public. 

E-commerce Regulations 

To cater to the increased need for e-commerce the Consumer Protection Act, 2019 has incorporated special provisions to the online sale of goods. To consumers and other stakeholders, information about the products and services the e-commerce platform is selling has to be disclosed by the platform including price range, returns policy, and warranty information among others. They are also required to deal with customers’ grievances effectively and there should be very concise transparency in all business transactions. The Act also provides against unfair trade practices in electronic commerce including on the nature of fabrication of reviews and other advertisements. 

Amendments and Updates 

The Consumer Protection Act, 2019 is an active legislation given the fact that challenges are bound to arise hence the changes. After the passing of the Act, the government released several notifications and guidelines that put further light on and imposed the terms of the Act, specifically concerning e-commerce and product liability. The modifications that are made to it all the time make the law applicable to address issues brought by the changing market conditions and the advancing technology, to fully protect consumers. 

Consumer Rights

Consumer Protection Act, 2019 sets six fundamental rights to protect consumers from unfair practices and dominance in the market. These rights enable consumers to participate. Information on these rights enhances the consumers' ability to make decisions and protect their rights. 

 Right to Safety 

 The right to safety makes certain that the consumer cannot be offered goods or services that are risky to lives and property. This right applies to all kinds of goods from electric appliances to pharmaceutical products. Measures such as product safety standards, and laws, mean that manufacturers and service providers are obliged to make sure that their products do not, in any way, compromise the safety of the consumer. If an item is considered a threat to the buyer’s life or their health, they have the legal right to request the product be recalled from the market or claim for a damages’ compensation. 

Right to be Informed 

This right makes it compulsory for consumers to be tendered with all the info they require about a given product or service before they can be sold the product. This includes information on the quality, quantity, strength, quality, standard, and cost of the goods or service delivery. It is thus the goal that consumers ought to be well protected to be in a position to refrain from being duped. For instance, the packaging of foods requires information such as; ingredients, date of expiry, and nutritional information so that clients can make healthy choices. 

Right to Choose 

The right to choose ensures that the consumers have equal opportunity to afford the different products and services from markets. It shields the consumer against being forced to purchase a particular good or service through coercion in the market through lack of enough choice. This right fosters healthy competition in the marketplace in the sense that there is the provision of quality products and services at affordable prices to consumers. 

Right to be Heard 

This right means that consumers’ interests will be given proper regard at the right forums. This allowed consumers to complain or express any dissatisfaction or problem they had with goods or services. The Act creates different types of consumer forums and commissions where consumers may present complaints against manufacturers, sellers, and or service providers. This right enhances the understanding of consumer contribution in combating wrongdoings within the market and bringing corporations into check. 

Right to Redressal 

The right to redressal entitles consumers to claim unfair business practices, for receiving a defective or unsatisfactory product or service. The consumer has a legal right to approach the consumer courts and lodge a complaint and seek remedies in the form of replacement of the goods, refund of money, or reg compensation. This right makes a clear point that consumers cannot be helpless when exploited and that justice for this powerful group can be achieved. 

Right to Consumer Education 

The right to consumer education involves providing consumers with the information they require to make sound decisions and knowledge enshrined in the law. Consumer education entails informing consumers about their rights, legal remedies that are within the law, and mechanisms of addressing complaints. This right is vital in ensuring that consumers are informed sufficiently in their participation in the marketplace so as not to be exploited. 

Consumer Grievances and Redressal 

The Consumer Protection Act, 2019, thus lays down the structure of consumer dispute mechanisms at three Levels to deliver justice to consumers. These are forums held at the District, State, and National Levels and each of them deals with matters concerning the value of the claim. The structure also makes it possible to contain consumer complaints aimed at consumer forums since the decisions made can be forwarded to superior forums as a last resort. 

District Forum for the redressal of Consumer Disputes 

The first tier of the Passage of consumer disputes is The District Consumer Disputes Redressal Forum which is otherwise commonly known as the District Forum. It deals with matters where the value of goods or services and the amount claimed as compensation does not exceed one crore Indian rupees. It has the functions of hearing complaints of the consumer, passing an order, and making remedies. Consumers can lodge complaints with the District Forum without approaching the state or the central government. 

The Commission referred to the State Consumer Disputes Redressal Commission. 

The State Commission is the second forum in the categorized structure of the consumer forum and is referred to as the State Consumer Disputes Redressal Commission. It has the power of civil trial where the claimed amount is more than one crore rupees but less than ten crore rupees. Also, the Collector & District Collector redress complaints about the orders of the District Forum and the State Commission respectively. It acts at the state level, to guarantee that consumer concerns are resolved under a larger jurisdiction. 

National Consumer Disputes Redressal Commission 

The apex body of the consumer redressal system is the National Consumer Disputes Redressal Commission. It deals with claims that are above ₹10 crores and also operates in an appellate jurisdiction over the orders of the State Commissions. It has its headquarters in New Delhi and its territorial jurisdiction extends to the whole of the country. It is fully authorized to make the orders and judgments that will be equally applicable throughout the territory of the Republic of India. 

Complaint Handling Procedures 

 Documentation Requirements 

To file a consumer complaint, the following documentation is typically required:

• Complaint Letter: facts of the case and a full and detailed account of the complaint that is being made and the remedy sought. 
• Purchase Documents: Quotes of bills, receipts, invoices, and any other voucher or invoice that may be required later on. 
• Correspondence Records: Correspondence between the consumer and the seller/service provider in the form of emails or letters. 
• Warranty or Guarantee Cards: If any of them exist, they should be present here. 
• Supporting Evidence: Such as photographs of the defective products that could be produced for the court, opinions from other experts, and repair estimates among others. 
  
  

Time Limits 

The cause of action in a consumer complaint has to be filed within two years from the date the cause of action is set off. But if the cause for the delay is genuine, the consumer forum may well excuse it and entertain the complaint. The complaint should be filed in this case as soon as possible to possibly avoid some problems that may arise out of time.

Jurisdiction 

• District Forum: Jurisdiction encompasses complaints in the district where the cause of action occurred or where the complaining party resides. 
• State Commission: Jurisdiction extends to the whole state, gives appeals from the District Forum, and treats cases of over  INR 1 crore rupees but up to INR 10 crore rupees. 
• NCDRC: Original cases involving an amount greater than INR 10 crores anywhere in India and second appellate cases from the State Commission. 
  
  

Remedies Available 

The Consumer Protection Act, 2019, provides a range of remedies that consumer forums can order depending on the nature of the complaint: 

• Removal of Defects: In the case where the product is recalled to be substandard, the forum can order the seller or the manufacturer to replace the substandard product at no extra cost to the consumer. This remedy allows the consumer to receive products that have the quality for which they were sold. 
• Replacement of Goods: The forum may also order the delivery of new similar goods where the defect cannot be cured, or if the goods are damaged irretrievably. This remedy aims at guaranteeing the consumer functional products as initially marketed. 
• Refund of Price: The forum can also order a discount or a refund of the purchase price in cases where the product or service offered has proved to be substandard or lacking in quality. This remedy can be used when the consumer has no further use for either the product or the service and would rather opt for a refund. 
• All and any compensation for, loss or injury: The forum can grant an amount to the consumer for any loss or damage sustained by him for entry of substandard goods, inadequacy in services, or unfair practices. Again this will include any direct damages as well as damages for mental anguish, inconvenience, and any other foreseeable and usable consequential damages. 
• Injunctions: At times, the forum may grant an order restraining the further continuance of such unfair trade practices or the supply of defective products. This remedy can be very effective in preventing any further injuries to the consumers and acting in their best & most basic interests. 
  
  

Unfair Trade Practices 

These include techniques or actions, unlawful, misleading, or unethical in the carrying out of business in a manner that is prejudicial to the interest of the consumers. 

• False or Misleading Advertisements: Communicating half-baked messages such as advertising a product as rich in a particular nutritional value or having a special feature that is non-existent. 
• Defective Products: Selling products that are dangerous or of a quality lower than that which was advertised. 
• Misleading Pricing: Being charged more than what was indicated on the online store price or being misled by coupons or promotions that promise a cheaper price. 
• Denial of Services: Forbidding to serve or discriminating against the consumers for no good reason. 

Consumers can file cases for compensation, refund, exchange of products, and get an order to stop the unfair practices. 

Product Liability 

• Liability of Manufacturers and Sellers: There is product liability for harm caused by the manufacture and sale of defective products. This also entails liability for those defects which occur in design, manufacturing, or marketing. 
• Defective Products: products can easily be considered as being defective if they are a risk because of the design, or manufacturing process or because they don’t contain adequate instructions or warnings. 

Consumers may seek remedies for injuries or harm that they have been subjected to by the deficient products through compensation in the form of a replacement, repair, or monetary means. 

E-commerce Regulations 

Consumer Protection in E-Commerce 

E-commerce regulations aim at safeguarding the consumers when purchasing products online, as well as how information concerning the products and the transactions to be made are relayed. 

Cooling-off Period 

The consumer may be protected during what is known as the ‘cooling off period’ where they are allowed to return the product to the seller without prejudice especially when they were forced into the purchase. 

Return and Refund Policies 

Specifically, return and refund information about products purchased online must be cleared by the sellers, to allow customers to institute returns and seek refunds if not satisfied.
 

Online Dispute Resolution 

There is dispute resolution whereby customers can address their concerns without having to go to a physical court. 

Functions of Central Consumer Protection Authority 

The CCPA to advance, protect, and enforce consumer rights, redress consumer complaints, and prevent unfair trade practices. 

Powers of the CCPA 

The CCPA possesses the power and right to investigate complaints, and inquiries and take action for the non-compliance of businesses with the consumers’ rights involving recall, refund, and penalty. 

Complaints and Investigations 

Consumers are also protected by the CCPA whereby any violation made by traders can be reported to the commission which will in turn carry out an investigation and take necessary steps to enforce compliance with the law. 

Some Important Judicial Interpretations

Breach of Policy Terms and Insurer's Liability

Manjeet Singh Vs. National Insurance Company Ltd. & Anr (2015)

Manjeet Singh, who had purchased a second-hand truck on the hire-purchase agreement, insured it in the National Insurance Company. During the journey, there was a physical attack on him by some passengers he had picked in the truck thus resulting in the theft of the truck. Despite reporting the incident to the police and communicating the same to the insurance company by filing an FIR, his claim was denied under the grounds of policy violation – an act of endangering a passenger by offering them a lift. The question that arose was whether this violation of the policy conditions should disqualify the insurance claim. The Supreme Court held that while Singh had violated the policy terms and conditions it was not serious enough to warrant the exclusion of the insurance contract. The court directed the insurance company to pay 75% of the insured amount with nine percent interest from the date of filing of the claim and a further Rs. 100000 as compensation. 

Can an insurance company refuse to pay a particular claim due to minor violations of the terms of the insurance policy? 

A minor deviation may not warrant a dismissal of a claim especially if it does not alter the fundamental conditions of the insurance policy.
 

What should one be entitled to if insurance claims are wrongfully denied? 

It consists of a percent of the actual insured sum, interest from the date of filing the claim, and a further sum for the inconvenience as well as losses sustained. 

Timeliness of Claims and Coverage Under Insurance

National Insurance Company Ltd. Vs. Hindustan Safety Glass Works Ltd. & Anr (2017)

The case pertains to the Hindustan Safety Glass Works Ltd., which lost some of its goods to floods that occurred as a result of heavy rain and therefore sought compensation from the National Insurance Company. The insurance company rejected the claim on the basis that it was made 12 months from the date of the occurrence as stated in the policy documents. The matter of contention here was whether or not the insurance company was legally allowed to decline the claim under the pretext of the timeliness of the same even though goods were insured at the time of the occurrence of the accident. The National Commission decided in favor of the claimant, holding that the goods were insured at the time of the occurrence, and the claim was warranted. The insurance company was directed to pay Rs. 21,05,803. 89% for 9 % interest per annum. 

Can the insurance company refuse to pay a claim that has been filed after it has expired? 

In most cases, it must be done within the stipulated time to allow the courts to hear it, but if it concerns insured goods, it may still be entertained. 

What if the insured event took place, but there was no possibility to make a timely insurance claim? 

It means that even if the claimant has not filed the claim in the actual time, he has the opportunity to justify the delay which might influence the detail of the processing and the result of the claim. 

Definition of "Person" and "Service" Under Consumer Protection

Karnataka Power Transmission Corporation (KPTC) Vs. Ashok Iron Works Private Limited (2009)

A private company operating an iron production unit Ashok Iron Works sought a connection to KPTC for electricity supply. The required charges were paid in February 1991, but the supply began only in November 1991, which meant heavy losses. The company under the CPA regulations filed a complaint that KPTC disputed by pointing out that the CPA Act did not apply to commercial supply and second, the complainant was not a ‘person’ as stated under the CPA Act. The problem was whether a private company is within the meaning of ‘person’ in the Consumer Protection Act and whether the supply of electricity is ‘service’. The Supreme Court ruled that a private company falls under the description of ‘person’ in the General Clauses Act and the supply of electricity comes within the meaning of ‘service’ in the Consumer Protection Act. The case was thus reserved back to the District Forum for rehearing. 

Is it possible for private entities or companies to file a complaint with the Consumer Protection Agency? 

Yes, a private company is a business entity and therefore a “person” capable of filing a complaint where it has goods or services for consideration. 

Is electricity that is being supplied commercially a service in the definition of consumer law? 

Yes, according to the Consumer Protection Act, the supply of electricity to consumers, including commercial ones is a service. 

Medical Services as a "Service" Under Consumer Law

Indian Medical Association Vs. V.P. Shantha and others (1995)

The Indian Medical Association raised a legal issue with the use of the Consumer Protection Act where medical service providers were involved; the Association felt that medical negligence cases ought to be handled by medical personnel under the Medical Code of Ethics and not as consumer complaints. The question was as to whether medical services rendered by doctors qualify to be deemed as “service” under the Consumer Protection Act. The Supreme Court had made it clear that indeed medical practitioners do give a “service” under the Consumer Protection Act. However, the services rendered without charge, are subject to certain exceptions such as services being reimbursable under an insurance policy or the service provided in a government hospital to the poor, etc., are outside the purview of the Act. 

Is the Consumer Protection Act applicable to the sector of medical services? 

Indeed paid medical services are among some of the services that are addressed under the Act. However, free services do not qualify for this rule, but they are allowed under certain circumstances. 

Are patients allowed to sue under the Consumer Protection Act for medical negligence? 

Yes, patients can seek compensation for medical negligence where the services were paid for or reimbursed by insurance companies. 

Unfair Trade Practices in Educational Services

Sehgal School of Competition Vs. Dalbir Singh (2008)

Dalbir Singh spent Rs. 18,734 on a two-year coaching course at Sehgal School of Competition that was supposed to prepare him for a medical entrance exam. Being dissatisfied with the quality of coaching, he demanded his money back but the institute refused to grant him his request and this prompted him to approach the National Commission. The question in the case was whether the non-refundable fee policy of the educational institute amounted to unfair practice under the consumer legislation. The National Commission concluded that it is a direct violation of the provision of unfair trade practice made by the non – refundable fee policy. UGC guidelines for fee reimbursement as per the fee refund policy says that charges can be deducted up to Rupees one thousand and proportional charges that have already been provided for in the charges. The student could successfully claim his refund, legal expenses as well as the loss of his time.

Is it legal for the educational institutes to collect non-refundable fees?

Non-refundable fee policies should be declared as unfair trade practices where they fail to adjust the equitable proportional amounts towards services already utilized.

Is it possible for a student to apply for a refund if he/she is not satisfied with the coaching services offered?

Yes, if the services are below par or the fee policy formulated is considered partial and unjust to the students then, they can claim for being refunded.

Bank's Obligations in Handling Clients' Instructions

Sapient Corporation Employees Provident Fund Trust Vs. HDFC & Ors (2012)

Sapient Corporation Employees Provident Fund Trust had an account with HDFC Bank, wherein it was mentioned to the bank not to debit any amount without any prior intimation. However, HDFC Bank has charged Rs. 1. 47 crores for non-payment of statutory dues to the EPF which further forced the trust to seek legal action for deficiency in service. The question was whether the debit of the specific account without further communication constituted a lack of service. The National Commission further upheld the dismissal of the said complaint based on the bank having afforded the trust ample notice before proceeding to debit the amount in question. The trust was penalized Rs. 25000 for filing a false litigation.

Can a bank debit an account without receiving further instructions from the account holder?

If there was prior communication or in case if the holder had given some specific standing instructions to the bank, then the bank can go ahead and if the tenacious terms are violated then the holder can file a case against it.

What is considered as the bank’s service failure?

This is a deficiency in service since the banks have not provided the agreed services to the account holders as required.

Negligence by Authorities in Property Allotment

Delhi Development Authority Vs. D.C. Sharma (2014)

DC Sharma purchased a plot from the Delhi Development Authority (DDA) for Rs. 5 lakhs in 1997 which he came to know later was also sold in 1995 to somebody else. At first, Sharma complained to the District Forum, which rejected the complaint but the State Consumer Forum accepted the complaint and found negligence of the DDA. Whether the negligence of the DDA in allotting a previously allotted plot amounts to deficiency in service was the question. The National Commission also supported the State Forum claiming that due to negligence of the DDA, the compensation was justified. The DDA was ordered to either provide an alternate plot or give Rs. 30 lakhs to compensate for the increased cost of the property. 

What can be done if a property is wrongly allotted by an authority? 

The injured party can apply for a claim or another share through the public consumer forums or law courts. 

Is it possible to sue the government authority for negligence in the allotment process of property? 

Yes, the government's decision is arbitrary and they are responsible for the negligence and can be compelled to pay damages to the party that suffered losses. 

Limitations and Evidentiary Issues in Medical Negligence

V.N. Shrikhande Vs. Anita Sena Fernandes (2010)

Anita Sena Fernandes, a nurse, had a gallbladder surgery but remained in pain. Nine years later, it was realized that a surgical sponge had been left inside her. She later proceeded to sue the surgeon as an act of negligence despite failing to file the claim within the statutory regulated time. The question was whether there was the possibility to bring the claim for medical negligence after meeting statutory limitations if it was discovered later. Delay was held to be reasonable since the cause of action accrues when the negligence is ascertained. The case was returned for trial on merits. 

Is it possible to claim for medical negligence after the normal period of limitation? 

Yes, in case the negligence is established later or even after the occurrence of an adverse event, additional time may be granted. 

To establish medical negligence as a basis for professional negligence what procedures does one have to follow? 

Negligence requires medical records, the opinion of the experts special in the field, and evidence that shows that the standard care was not followed. 

Common FAQs

How do I report a complaint as a consumer? 

You can file a consumer complaint with one of the following consumer forums:

• District Consumer Disputes Redressal Forum (DCDRC): When the amount claimed does not exceed INR 1 crore. 
• State Consumer Disputes Redressal Commission (SCDRC): When the amount claimed ranges from INR 1 crore to INR 10 crore. 
• National Consumer Disputes Redressal Commission (NCDRC): For complaints with an amount exceeding INR 10 crore. 
  
  

The following is how one can file a consumer complaint: 

To file a complaint, you will need to provide:

• The list includes your name, address, and contact details. 
• This includes the name and the address of the business which the complaint is being made against. 
• Charges, dates, and evidence of the complaint to be elaborated and documented in detail 
• Any receipts, invoices, or correspondence relating to the subject matter of the reference 
• It is also possible to complain in person, by post, or online. 
  
  

What are the redress measures open to the consumer? 

Depending on the nature of your complaint, you may be entitled to various remedies, such as:

• Removal of defects: If it is a product or service that has a flaw, you may be entitled to receive a repair or replacement of the item or service you used. 
• Refund of price: When it comes to this product or service, for example, you are given a chance to demand back the price that was charged if the product is an inferior one. 
• Compensation: From the above information, in case you have been harassed, harmed, or have incurred any loss due to a product or service that was substandard, you may be capable of being compensated. 
• Injunction: If it is clear that the business is continuing to engage in unfair trade practices, then, legal redress may be had in the form of an injunction order to restrain them. 
  
  

What are the time limits for filing a consumer complaint?

There are time bars but these differ depending on the nature of a consumer complaint and the forum in which it is made. But, otherwise, it is mandatory to file a complaint within two years of the defect or deficiency’s discovery. 

What should a consumer do not to fall victim to consumer scams? 

To avoid falling prey to consumer scams, avoid getting enticed by offers that come unsolicited, and always check the credentials of a business, and the different scams that are common, including phishing, identity theft, and fake sites that sell imitation products. 

What should I do when I have a consumer problem?

If you have a consumer complaint, you ought to follow the first stage of the consumer complaint process of trying to sort the concern with the business directly. Informatively, if you cannot settle the dispute, you can approach a consumer forum. 

Can I get more information about consumer protection? 

For more details on consumer protection, you can visit the websites of the National Consumer Disputes Redressal Commission (NCDRC) and the Department of Consumer Affairs.