Consumer Courts: A Shield for the Common Man
- Legal Journey
- 3 days ago
- 7 min read
Have you ever ordered something from an online site in hopes of using the product, only to receive a defective or incomplete item that doesn’t match the description provided? Or perhaps you visited a store and bought the latest gadget that stopped working the next day. Maybe you hired a service like renting a car or booking a hotel, but the experience turned out to be a nightmare because of poor service or fraudulent charges. In hopes of a resolution, you reach out to the seller, but they refuse to help or ignore you. You’re left feeling hopeless and frustrated and have spent your hard-earned money on a faulty item. This is where Consumer Courts step into play. They are a powerful tool that protects your rights and helps in enforcing them.
A Consumer Court is designed to offer quick and convenient justice to the public at large who expect fair treatment in exchange for their hard-earned money. Consumer Courts act as a shield against exploitation, unfair practices, and fraudulent practices by the sellers, empowering individuals to have the courage to call out such behaviour.
In this article, I will attempt to explain what consumer courts are, their evolution, and relevance in this dynamic world with the help of some cases. I’ll also guide you through the procedure of filing an online complaint in a consumer court.
Table of Contents 💻
What are Consumer Courts?
In India, the Consumer Court is a special-purpose court dealing with consumer-related disputes, conflicts, and grievances. The Consumer Protection Act, of 1986, was enacted, which was then amended, and in its place, there is the Consumer Protection Act, of 2019. The act applies to all of India apart from Jammu and Kashmir. It comprises all the goods and services bought or used by consumers, irrespective of the private or public sector. The Act recognizes the rights of consumers to file complaints in matters of injustice faced by them.
Consumer Courts, also known as the National Consumer Disputes Redressal Commission (NCDRC) and its lower courts, are specific courts set up to hear disputes arising between consumers, traders, service providers, etc. Exclusive matters where consumers feel cheated, exploited, or dissatisfied by a service or product that they availed themselves of are dealt with in these courts. These courts aim to deliver an effective, speedy, and efficient redressal of such problems. The foremost purpose of consumer courts is to offer solutions to consumers, maintain accountability of the seller in the market, and reduce the exploitation of customers by setting appropriate precedents.
Legal Framework and Evolution
The first legislation covering the rights of consumers was the Consumer Protection Act 1986. It pointed out the rights to information, choice, hearing, and remedy distinctly. But with time, the law needed to be updated to reflect dynamic market conditions. As a result, the 1986 Act was replaced by the Consumer Protection Act of 2019. Major reforms were brought about by it, like the creation of the Central Consumer Protection Authority, regulations for product liability, and covering under its ambit all e-commerce transactions. In addition, it codified mediation and other forms of alternative conflict resolution.
The recent Act of 2019 is a more technologically inclusive, advanced, and comprehensive legislation. Customers are more connected than ever before, using applications to schedule medical visits and place online grocery orders. But this significantly also exposes them to several threats, including cyber fraud, bogus websites, non-delivery of services, and data exploitation. The Consumer Protection Act 2019 specifically covers e-commerce sites and online marketing or selling platforms. Consumer courts are essential because they offer protection to consumers in the digital era as there is a rise in online transactions with the dynamism of the 21st century.
Relevance of Consumer Courts in the 21st Century
In the dynamic 21st century, every sector, both public and private, has experienced significant growth, leading to increased sales and consumption. Simultaneously, the burgeoning number of consumers necessitates the establishment of effective grievance redressal systems. Consumer Courts play a pivotal role in this regard, addressing concerns related to e-commerce, sales, online marketing, and offline stores and services.
Consumer Courts have transcended their mere necessity and become an indispensable institution. Their primary objective is to safeguard the rights of consumers against unfair trade practices, defects in goods, and inadequate services.
The Consumer Protection Act, 2019, serves as a comprehensive framework that regulates Consumer Courts in the 21st century. It meticulously codifies essential consumer rights, including the right to safety, the right to be informed, the right to be heard, the right to choose, the right to seek redressal, and the right to seek appropriate redressal. These fundamental rights form the bedrock of consumer protection in our nation.
The e-commerce sector has witnessed a remarkable surge in transactions, with an increasing number of consumers opting for online shopping and leveraging app-based services. This trend underscores the urgent need for Consumer Courts to provide a protective shield against potential defects in goods or services.
In the 21st century, rigid marketing practices and hidden charges accompanied by false advertising have unfortunately become commonplace. Consumer Courts serve as a bulwark against these detrimental practices, safeguarding consumers from potential harm.
To effectively protect their rights, consumers are empowered by Consumer Courts, enabling them to raise their voices against perceived injustices.
Furthermore, Consumer Courts hold businesses accountable for providing deficient services or faulty goods. This accountability ensures that marketers and sellers conduct fair and transparent business practices.
In the 21st century, we witness remarkable innovation, rapid technological advancements, and a surge in online shopping and consumerism. Consequently, Consumer Courts must continually adapt to the evolving needs of the consumer community.
Process of filing a complaint in Consumer Court
Step 1: File Complaint-
Consumers, voluntary consumer organisations, persons/s who have faced problems with respect to any service or goods can file a complaint. They must have proper proof of transaction, proof of defect or fake product, etc.
Step 2: Submitting the complaint
Once all documentary proof and other information is filed, the court shall examine the validity and check whether it falls within the jurisdiction of that court. If it is valid, the complaint is admitted, and a notice is sent to the opposite party.
Step 3: Response by the opposite party
After the complaint is admitted, the opposite party receives a notice and submits their written reply.
Step 4: Presentation of Evidence
The complainant and the opposite party both present their evidence in the court so their side can be heard.
Step 5: Hearing and final order
After hearing the evidence from both parties, the court conducts hearings and then delivers its judgements.
Step 6: Judgement
Judgement can involve compensation to the affected party, replacement of the defective product or good, and penalty for any unfair trade practice.
Landmark Cases
Indian Medical Association vs. V.P. Shantha (1995)-
In this case, out of the two key issues, one concentrated around the question if medical practitioners and hospitals come under the ambit of “services” as defined under Section 2(1)(o) of the Consumer Protection Act, 1986, and if patients opting for medical services can be covered under the definition of consumers under Section 2(1)(d) of the Act.
The Supreme Court observed that medical services do fall within the definition of services, except when rendered free of charge or under personal service. It was held that patients do come under the definition of consumers under the Act.
Ambrish Kumar Shukla & Ors. v. Ferrous Infrastructure Pvt. Ltd. (2016)
The issue involved in this case was around the pecuniary jurisdiction of consumer forums, specifically how to calculate the pecuniary jurisdiction of consumer forums; if it should be based solely on the value of goods/services or include compensation.
The NCDRC found that to calculate the pecuniary jurisdiction of the consumer forum, the total value of goods/services along with the compensation claimed must be considered altogether.
Conclusion
Consumer courts are becoming an essential component of our legal system rather than an add-on. These forums give regular people a much-needed venue to confront influential businesses and organisations in a nation as big and diverse as India. They stand for the upholding of justice, decency, and trust in business dealings in addition to the protection of consumer rights. Our dedication to safeguarding the customers who propel India's prosperity must increase along with the country.
Frequently Asked Questions
Q) Who can file a complaint in a consumer court?
A) Any individual who buys goods or services for personal use and suffers due to a defect, deficiency, or unfair practice can file a complaint. Even legal heirs and registered associations can file in some cases.
Q) What are the rights of consumers as mentioned in the Consumer Protection Act, 2019? A) The rights of consumers as stipulated in the Consumer Protection Act of 2019 encompass the following:
- Right to safety
- Right to be informed
- Right to be heard
- Right to choose
- Right to seek redressal
- Right to seek appropriate redressal
Q) What are Consumer Courts also known as?
A) Consumer Courts are also known as National Consumer Disputes Redressal Commission (NCDRC).
Q) Can I file a complaint online?
A) Yes. You can file a complaint online through the e-Daakhil portal (E-Daakhil Portal| National Portal of India), which simplifies the entire process, from submission to hearings.
Q) What is the relief generally given by consumer courts? A) Depending on the nature of their case. Common forms of relief include :- - Refunds: Consumers may be entitled to a refund for the products or services they purchased. - Product Replacement: In cases where the product is defective or unusable, consumers may be compensated for a replacement. - Damages: Consumers may be compensated for financial losses or emotional distress caused by the product or service. - Litigation Costs: In some cases, consumers may be entitled to reimbursement for the costs incurred in pursuing legal action. - Punitive Damages: In extreme cases, punitive damages may be awarded to compensate consumers for egregious wrongdoing.
This Article is written by Tanaya Moholkar, a final year law student at Yashwantrao Chavan Law College, Pune.