A consumer is a person who buys any goods or services by paying for such goods or services, except such person who has bought the goods or services not for his personal consumption but for commercial purposes. Consumer Protection Act is enacted for protection of such consumer. A consumer complaint can be filed for any deficiency in service and defective product.

However, if the goods or services have been bought for the purposes of earning a livelihood by means of self-employment then the person buying the same is considered to be a consumer.

The rights of a consumer are protected by Consumer Protection Act 2019. Complaints under the Act can be filed by a Consumer in the event of any of the following:

1. If the goods bought by the consumer are defective or
2. There is deficiency in service, or
3. The seller of goods or service provider is involved in unfair trade practice.

Unfair Trade Practice includes the following:

1. Making false statement about the quality, standard, quantity, grade, composition, style or model.
2. Selling old, second hand, reused, refurbished goods as new goods.

(The above list of Unfair Trade Practices is not exhaustive).

Consumers can file their complaints before District Consumer Disputes Redressal Commission under Section 35 of the Consumer Protection Act 2019.

JURISDICTION

It is necessary to note that only those complaints can be filed before District Commission where the value of goods or services purchased does not exceed 50 Lakhs.

If the value of the goods or services exceeds above 50 Lakhs but does not exceed 2 Crores, the complaint is required to be filed before State Consumer Disputes Redressal Commission under Section 47 of the Consumer Protection Act 2019.

In cases, where the value of the goods or services purchased is more than 2 Crores, then the Complaint will be filed before National Consumer Disputes Redressal Commission under Section 58 of the Consumer Protection Act 2019.

LIMITATION

It is necessary to note that a complaint under the Consumer Protection Act 2019 can be filed only within a period of 2 years from the date of cause of action, i.e. from the date when it was found that the goods or services were defective or deficient or the date when unfair trade practice took place.

APPEALS AND REVISION

Consumer Protection Act 2019 provides for appeals to be filed against the orders passed by the Commissions. An order passed by District Commission is appealable before State Commission, similarly an order passed by State Commission is appealable before the National Commission, and an order passed by the National Commission is appealable before the Hon’ble Supreme Court of India.

However, if an order passed by the District Commission has already been appealed before the State Commission, then the Consumer Protection Act 2019 further provides a remedy to the Consumers to file a Revision Petition before the National Commission under Section 58 1(b) of the Act.

Similarly, now, an order passed by the National Commission in an Appeal or Revision can be challenged before the Hon’ble High Court of Delhi at New Delhi under Article 227 of the Constitution of India or before the Hon’ble Supreme Court of India under Article 136 of the Constitution of India.

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