What Constitutes a Complaint in Consumer Protection Act?

Under the Act, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:­- Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader.

- One or more defects in goods. The goods hazardous to life and safety, when used,are being offered for sale to public in contravention of provisions of any law for the time being in force.

- Deficiencies in services.

- A trader charging excess of price.
(i) Fixed by or under any law for the time being in force; or
(ii) Displayed on goods; or
(iii) Displayed on any packet containing such good;

Where to file a complaint

Consumer Protection Councils

The interests of consumers are enforced through various authorities set up under the CPA. The CPA provides for the setting up of the Central Consumer Protection Council, the State Consumer Protection Council and the District Forum


Central Consumer Protection Council

The Central Government has set up the Central Consumer Protection Council which consists of the following members :-(a) The Minister in charge of Consumer Affairs in the Central Government who is its Chairman, and

(b) Other official and non-official members representing varied interests

The Central council consists of 150 members and its term is 3 years. The Council meets as and when necessary but at least one meeting is held in a year.


State Consumer Protection Council

The State Council consists of :-(a) The Minister in charge of Consumer Affairs in the State Government who is its Chairman, and

(b) Other official and non-official members representing varied interests

The State Council meets as and when necessary but not less than two meetings must be held every year.

Redressal Machinery under the Act

The CPA provides for a 3 tier approach in resolving consumer disputes. The District Forum has jurisdiction to entertain complaints where the value of goods / services complained against and the compensation claimed is less than Rs. 5 lakhs, the State Commission for claims exceeding Rs. 5 lakhs but not exceeding Rs. 20 lakhs and the National Commission for claims exceeding Rs. 20 lakhs.

District Forum

Under the CPA, the State Government has to set up a district Forum in each district of the State. The overnment may establish more than one District Forum in a district if it deems fit. Each District Forum consists of :-(a) A person who is, or who has been, or is qualified to be, a District Judge who shall be its President

(b) Two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.