1. What sort of a checklist a purchaser should maintain at the time of making a purchase?



2. What should a buyer do if any defect/deficiency is detected in the product?



3. What is the process of filing a consumer complaint under Consumer Protection Act, 1986?



4. Who is Consumer as per consumer Act, 1986 (and further amended in 2002)?



5. What does ‘defect’ mean under the C.P Act?



6. What does "deficiency" mean under the C.P Act?



7. Who can file the complaints under the C.P Act?



8. What is ‘complaint’ under the provisions of C.P Act?



9. What are the rights of the Consumer under C.P Act, 1986?

1. A purchaser should run the following checklist before accepting the seller’s offer and placing the purchase order:
   
   
   • Product or services details such as: Label, Safety and Quality Certification (ISI, ISO certification etc.)
   • Authorization of the dealer by Manufacturer/ Service Provider,
   • All the accessories that are part of the offer (In case of laptop, it may include battery, power cord and adapter, optical drive (in case detachable), carry-case etc.)
   • Date of manufacturing and expiry date (if applicable)
   • Whether product features and specifications are as per instruction/user manual
   • method and /or instructions of use of the product
   • MRP (Price of a product cannot exceed MRP);
   • Discount- if there is any Manufacturer’s discount applicable vis. a. vis. dealers discount
   • Taxes applicable- CST, LST, VAT or any other charges
   • Payment terms/acceptable modes of payment,
   • If there is any arrangement of finance through some financer. If so, read the terms in the agreement carefully.
   • Read the Terms of Guarantee/ warranties thoroughly ( Keep the Agreement in safe custody)
   • Insist on a bill for purchases- check its date, stamp of dealer and terms and conditions contained therein
   • Insist on having Sale receipts and keep it in safe custody.
   • Whether Packing of the goods is proper
   • Whether replacement of goods is applicable and what is availability of spare parts or components
   • Contact details of Service/Support centre
   • Delivery system and associated charges
   • Whether the product is insured. If so, read the terms thoroughly.
   • On delivery, check the items and all the accessories against what is mentioned in the bill. In case any defect is detected or any part is missing , point out at that very instance.
   
   Remember filing of any complaint by the consumer before the court must be in chronological order and supported by evidence. Hence running the above checklist at the time of purchase not only helps consumer in detecting deficiencies, but also in terms of furnishing strong evidence in case defect or deficiency is detected at a later date and consumer decides to file a complaint before appropriate forums.

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2. In case any defect/deficiency is detected in the product, first you should approach the seller and preferably submit the complaint in writing giving complete details. In case the seller agrees to rectify the problem to your satisfaction, ask for time it should take to do the same and  have a copy of acknowledgement of receipt of complaint for your records . If the Seller fails to attend the complaint in due course of time or creates dispute, the buyer can approach Consumer Court, MRTP commission , Weight and Measurement department, or file criminal complaint in case of cheating. Now a days, consumer courts are very effective in helping the consumer resolve the dispute.

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3. (1) In case where the value of goods and services is less than Rupees Twenty Lakhs, complaint can be filed in the District Consumer Forum constituted in the specified districts of the State.
   
   (2) In case where the value of goods and services is more than Rupees Twenty Lakhs, but does not exceed Rupees One Crores, complaint can be filed in the State Consumer Forum constituted in the capital cities of different states.
   
   (3) In case where the value of goods and services is more than more than Rupees One Crores, complaint can be filed in the National Consumer Forum constituted in the Capital of India.

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4. "Consumer" means any person who-
   
   buys any goods and services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment other than the person who buys such goods for resale or for any commercial purpose.

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5. "Defect" means any fault , imperfection or short coming in the quality, quantity, potency ,purity or standard which is required to be maintained by or under any law for the time being in force or [under any contract , express or] implied , or as is as claimed by the trader in any manner whatsoever in relation to any goods.

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6. "Deficiency " means any fault , imperfection or inadequacy in the quality, quantity, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in person in pursuance of a contract or otherwise in relation to any service.

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7. A complainant can be-
   
   (1) a consumer ; or
   
   (2) any voluntary consumer association registered under the Companies Act,1956 (1of 1956) or under any other law for the time being in force;
   
   or (3) the Central Government or any State Government,
   
   (4) One or more consumers, where there are numerous consumers having the same interest.

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8. "Complaint" means any allegation in writing made by a complainant that-
   
   (1) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider
   
   (2) the goods bought by the complainant or agreed to be hired or availed of by him suffer from one or more defect
   
   (3) the services hired or availed of or agreed to be hired suffer from deficiency in any respect

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9. The Consumer Protection Act, 1986, guarantees the following statutory rights to the consumers-
   
   (1) The right to be protected against the marketing of goods and services which are hazardous to life and property: It is the duty of the manufacturers and the distributor not to supply any goods to the consumers which fail to comply with the general safety requirements. Consumers should know about safety standards published from time to time by the relevant authorities in relation to different types of consumer goods. They should insist on looking at quality marks like ISI, ISO, AGMARK, etc.
   
   (2) The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices: This is intended to save the consumers from unfair trade practices like false and misleading advertisements selling defective or sub-standard articles, or exaggerated statements about power or potency of a product. It’s important to note that a victim of unfair trade practices would be able to avail protection through Consumer Forum only if he is a consumer within the meaning of the Act. Otherwise he will have to go to the Monopolies Commission under MRTP Act.
   
   (3) The right to be assured, wherever possible, access to a variety of goods and services at competitive prices: The Central Council has been entrusted responsibility of organizing markets and market practices in such a way that firstly all dealers are supplied with a variety of goods for the benefit of the consumers and secondly goods are offered at competitive prices. Only then the consumers will have access to variety of goods and services at competitive prices.
   
   (4) The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate forums: Right to be heard is a principle of natural justice as well. The Central Council is entrusted with the responsibility of assuring consumers that they can approach appropriate forums and forums would give due attention and consideration to their concerns or grievances. This also includes right of consumers to form non political and non profitable community welfare organizations to represent on appropriate forums.
   
   (5) The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers: The right can be explained clearly by the following example – Buyer pays an advance sum for supply of a particular good within a month, but the laptop is delivered much later, say in six months. In such a situation retention of money beyond a month is an unfair trade practice and the consumers can claim proper interest on the advance amount for the period of delay.
   
   (6) The right to consumer education. This is one of the most important rights, which consumers can exercise to prevent exploitation by manufacturers and traders. The Central Council is responsible for educating consumers on their rights under the act and remedies available for redressal.
   
   This Need of the hour is for consumers to be aware of their rights and exercise them whenever any seller indulges in unfair trade practices or adopts unscrupulous methods.

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