Consumer Protection Act_Practical Problems_14

A newly-wedded couple Anand and his wife Anjali had gone to Kathmandu for their honeymoon. They could not return in time to attend the reception as the airline authorities failed to inform them about cancellation of their return flight. They lodged a complaint with the consumers’ forum for grant of compensation. However, the airlines authorities pleaded that the mistake was on the part of their agent whom the airlines authorities had informed about the cancellation of the flight. Will they succeed in getting compensation ? Give reasons in support of your answer.

Consumer Protection Act_Practical Problems_13

Chhote Lal, a customer of a bank, while waiting to deposit cash of Rs.45,000 at the bank counter was robbed of his bag containing cash by a person who confronted him with a revolver. The bank securityguard did not catch the person even when he was alerted by Chhote Lal. Chhote Lal filed a complaint with the District Forum against the bank for deficiency in service and sought relief. Will he succeed ?

Consumer Protection Act_Practical Problems_12

Prudent Investments Ltd. was celebrating silver jubilee of its operations and in this connection sent invitations by post to 250 top businessmen for a special dinner at a 5-Star Hotel. Due to delay in delivery and/or non-delivery of invitation cards by the postal authorities, only 100 invitees attended the dinner. Advise the company whether it can make a complaint for compensation to the Consumer Disputes Redressal Forum against the postal authorities for deficiency in service

Consumer Protection Act_Practical Problems_11

Good Health Ltd., an Indian insurance company, did not settle a medical claim of Rs.2 lakh of Mohan towards open heart surgery on the ground that the assured (Mohan) had not disclosed material facts, viz., hypertension and angina, at the time of submitting his proposal form. Mohan pleaded with the insurance company that there was no suppression of material facts and it is the insurer who has to prove material suppression; but did not succeed in his repeated pleas. Will Mohan succeed if he makes a complaint for the non-payment of medical claim under the Consumer Protection Act, 1986? Give reasons in support of your answer.

Consumer Protection Act_Practical Problems_10

Bindu while traveling in a train fell down through the hole in the inter – connecting passage way between two compartments and died. Bindu’s dependant wants to lodge a complaint against the railways under the Consumer Protection Act, 1986. Advise.

Consumer Protection Act_Practical Problems_9

A CT scan machine is installed in Daya Ram Charitable Trust and Diagnostic Centre, 80% of the patients are required to pay charges for the services rendered by the trust whereas 20% patients are provided free services. On a complaint against the trust for deficiency in service, it contended that the trust did not engage in profit-making activity on a large scale. Will it succeed? Give reasons for your answer.

Consumer Protection Act_Practical Problems_8

My car met with an accident. The insurance claim was rejected on the ground that my driver was not holding valid driving license. Should I approach a Consumer Court for seeking the Insurance claim?

The Consumer Court will not be able to grant you any relief since the driver employed by you did not have a driving license. You were bound under law to check the ability of the person employed by you and the failure in holding a license for driving well debar you from claiming the Insurance Claims.

Consumer Protection Act_Practical Problems_7

I had applied for subscription in Rajlakshmi scheme of UTI. The essence of the scheme was that the sum of money deposited with the UTI would grow 21 times in 28 years. However subsequently, the UTI extended the maturity date by two years. Can I approach a Consumer Court?

Unilateral alteration of terms of payment by the UTI in their above scheme is “Deficiency in Service” for which you can seek relief in a consumer court.

Consumer Protection Act_Practical Problems_6

I had applied for electricity connection. However, power supply was not provided to me. Can I seek redressal of my grievance in Consumer Court?

Your grievances is that you application for electricity connection was not granted. Electricity may be a service but the hiring of the service is not complete till the Electricity Board sanctions
service. Hence, you can’t approach a Consumer Court for redressal of your said grievance. Your remedy is to file a civil suit in the Court of law against the Electricity Board.

Consumer Protection Act_Practical Problems_5

The transformer, which was supplying electricity to me, got burned and was replaced by the department after about two months. However, However I was billed with consumption charges. Am I liable to pay any such charges when there was no consumption of electricity by me?

When the electricity was not supplied and the electricity bills produced by you showed that there was no consumption of electricity by you and admittedly the reason for that was burning
of the transformer, you are not liable to pay any minimum charges.

Consumer Protection Act_Practical Problems_4

Does rejection of application for grant of loan by a Bank constitute deficiency in service for which I can approach the Consumer Court?

The Bank has a wide discretion in the matter of granting loans and advances and continuing disbursement of loans sanctioned. The Consumer Courts cannot sit in judgement over the discretion exercised by the Bank and as such you will not succeed in any such action, if taken by you.

Consumer Protection Act_Practical Problems_3

I was allotted a Maruti Car. There was a delay in delivery of the car. Subsequently, the dealer called upon me to make further payment as the price of the car had gone up. Am I liable to bear the price increase on account of delay caused by the dealer?

You are not liable to pay any price increase in the above mentioned circumstances since the increase in price is totally on account of the delay on the part of the dealer for which a
consumer cannot be made to suffer.

Consumer Protection Act_Practical Problem_2

I had got a confirmed ticket on Sahara Airways. The flight was later cancelled on account of technical snag. Is it a deficiency in service?

Cancellation of flight on account of technical snag is not deficiency in service as it is due to unavoidable circumstances. However, you ought to be allowed refund of the fare but no
compensation can be granted on account of any loss suffered by you (if any) because of the said cancellation.

Conuser Protection Act_Practical Problem_1

I had purchased seeds from a party. The seeds did not germinate. The other party took the plea that I was not a consumer. Whether purchase of seeds for the purpose of agriculture is purchase for commercial purpose?

Purchase made for agriculture is not for commercial purpose. Therefore, the complainant is a consumer and entitled to seek redressal of his grievance in a Consumer Court against the party
which supplied defective seed to him.

Medical practitioner can be sued under CPA ?

I have instituted a complaint before the Consumer Court against a Medical Practitioner. My complaint has been challenge on the ground that a Medical Practitioner cannot be sued under the Consumer Act. What does law provide?

Yes, a medical practitioner can be sued under the Consumer Protection Act 1986 for his or her professional negligence resulting in damage to patient. Section 2 (d) in defining a consumer in Clause (ii) uses the expression ‘hires and avails of”. The word “hire” means employ of wages or fees”.

Secondly the words “any service” in s. 2 (d) (ii) in Consumer Protection Act. A eloquent to bring the delinquent medical practitioners within the ambit of Consumer Protection Act. Thirdly, s. 2 (o), Consumer Protection Act which defines service exempts only two types of services, one “service free of charge” and another “contract of personal service” postulates a relationship of master and servant. A medical man whose service is requisitioned for a patient answers the clause “ contract of service” but never “a contract of personal service”. So, a negligent medical professional can be proceeded under the Consumer Protection Act 1986.

How to File a Complaint under Consumer Protection Act ?

Procedures for filing complaints and seeking redressal are simple.

There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. ( A stamp paper is also not required) There should be 3 to 5 copies of the complaint on plain paper. The complainant or his authorized agent can present the complaint in person. The complaint can be sent by post to the appropriate Forum / Commission.

A complaint should contain the following information
(a) The name, description and the address of the complainant.
(b) The name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained;
(c) The facts relating to complaint and when and where it arose;
(d) Documents, if any, in support of the allegations contained in the complaint.
(e) The relief which the complainant is seeking.

The complaint should be signed by the complainant or his authorized agent. The complaint is to be filed within two years from the date on which cause of action has arisen.

Object of the Consumer Protection Act, 1986

The main objective of the act is to provide for the better protection of consumers. Unlike existing laws, which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, and reliefs of a specific nature and award of compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.

The basic rights of consumers as per the Consumer Protection Act (CPA) are

1. The right to be protected against marketing of goods and services which are hazardous to life and property
2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods, or services so as to protect the consumer against unfair trade practices
3. The right to be assured, wherever possible, access to variety of goods and services at competitive prices
4. The right to be heard and be assured that consumers’ interests will receive due consideration at appropriate forums
5. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulsous exploitation of consumers
6. The right to consumer education