COMPLAINT

&
COMPLAINANT
BY
I.C.SHAH
PRINCIPAL DISTRICT JUDGE (Retd.)
 Sec. 2(5) of The C. P. Act 2019
"complainant" means:
• (i) a consumer; or (here we are required to refer definition of ―consumer" Sec. 2 (7)

of C.P.Act.)

• (ii) any voluntary consumer association registered under any law for the

time being in force; or

• (iii) the Central Government or any State Government; or

• (iv) the Central Authority; or

• (v) one or more consumers, where there are numerous consumers having the same

interest; or

• (vi) in case of death of a consumer, his legal heir or legal representative; or

• (vii) in case of a consumer being a minor, his parent or legal guardian;

 Who is a Consumer?
A Consumer is a person who buys a product or avails a service for a
consideration, either for his personal use or to earn his livelihood by means of
self-employment. The consideration may be:
 Paid
 Promised
 Partly paid and partly promised
It also includes a beneficiary of such goods/services when such use is made
with the approval of such person.

Buys any Goods/hires services includes offline or online transactions through

electronic means or by teleshopping/direct selling/multi level marketing.
 Who is not a Consumer?

A person is not a consumer if he/she:

 purchases any goods or avails any service free of charge;
 purchases goods for resale and/or hires a service for
commercial purpose;
 avails any service under contract of service
 Sec. 2(6) of The C. P. Act 2019:
"complaint" means:
Any allegation in writing, made by a complainant for obtaining any relief provided
by or under this Act, that

(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted
by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from one or more

defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from

any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the goods or
for the services mentioned in the
complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in force; or
(b) displayed on the goods or any package containing such goods; or
(c) displayed on the price list exhibited by him by or under any law
for the time being in force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being offered for

sale to the public—

• (a) in contravention of standards relating to safety of such goods as required to

be complied with, by or under any law for the time being in force;

• (b) where the trader knows that the goods so offered are unsafe to the public;
(vi) the services which are hazardous or likely to be hazardous to life and safety of the public
when used, are being offered by a person who provides any service and who knows it to
be injurious to life and safety;
(vii) a claim for product liability action lies against the product manufacturer, product seller or
product service provider, as the case may be;

• What are the grounds of consumer complaint?

• A Consumer Complaint may be filed on the following grounds:

 Deficiency of services.
 Unfair trade practices.
 Manufacturing defect in the product.
• Medical negligence
• Unsafe products/services
• Compensation under product liability.
What are the 4 types of complainants?
When customers are dissatisfied with a service/product
they will be one of the four kinds of complainers:
Aggressive: Complains loudly to any and all who will listen.
Expressive: Complaint made for the purpose of expressing feelings without any reliastic
chance of any thing being done.
Passive: Which are friendly but can be totally indecisive.
Constructive: Solution oriented

• What are valid complaints?

valid complaint means:

• a complaint that the administering authority considers

• it is not frivolous,

• nor vexatious,

• nor based on mistaken belief.

Which are the types of consumer complaints?
Consumer complaints can be many and varied, but
generally, they fall into following categories:

*dissatisfaction with a product or

service is a common cause of consumer complaints. ...
*Defective product or Deficiency in service,
*Unfair Trade Practice
*Indifferent customer service.
*Lack of effective Grievance Redressal Mechanisms.
What is Unfair Trade Practice?
Sec. 2 (47) "unfair trade practice" means a trade practice which, for the purpose of promoting the
sale, use or supply of any goods or for the provision of any service, adopts any unfair
method or unfair or deceptive practice including any of the following practices, namely:

(i) making any statement, whether orally or in writing or by visible representation including

by means of electronic record, which—

• (a) falsely represents that the goods are of a particular standard, quality, quantity, grade,

composition, style or model;

• (b) falsely represents that the services are of a particular standard, quality or grade;

(c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods

as new goods;
(d) represents that the goods or services have sponsorship, approval, performance,
characteristics, accessories, uses or benefits which such goods or services do not have
(e) represents that the seller or the supplier has a sponsorship or approval or affiliation
which such seller or supplier does not have;
(f) makes a false or misleading representation concerning the need for, or the usefulness of,
any goods or services;
(g) gives to the public any warranty or guarantee of the performance, efficacy or length of
life of a product or of any goods that is not based on an adequate or proper test thereof:
and …………)
(j) iv. manufacturing of spurious goods or offering such goods for sale or adopting
deceptive practices in the provision of services;
vii. Not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner
as may be prescribed;
viii. Refusing, after selling goods or rendering services, to take back or withdraw defective goods or
to withdraw or discontinue deficient services and to refund the consideration thereof, if paid,
within the period stipulated in the bill or cash memo or receipt or in the absence of such
stipulation, within a period of thirty days;
What is defect ? ……………..Sec. 2 (10) of The C. P. Act "defect" means:
Any fault, imperfection or shortcoming 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 claimed
by the trader in any manner whatsoever in relation to any goods or product
and the expression "defective" shall be construed accordingly;)
What is Deficiency in Service?
Sec. 2 (11) of The C. P. Act
"deficiency" means:
Any fault, imperfection, shortcoming or inadequacy in the quality, 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 pursuance of a contract or otherwise in relation to any service and
includes:
(i) any act of negligence or omission or commission by such person which causes loss or
injury to the consumer; and

(ii) deliberate withholding of relevant information by such person to the Consumer.

 What is False Representation
1. When goods and services are not of stated standard, quality or grade;
2. When second hand, renovated goods are sold as new ones;
3. When goods and service do not have the claimed use, usefulness or benefit;
4. When products / services do not have the claimed warranty / guarantee;
5. When the price of product or service is misleading.
6. False and Misleading Advertisement of selling at Bargain price.
7. Offering gifts, prizes, etc. to lure customers with no intention of providing them.
8. Selling goods which do not fall within the safety standards set up by competent authority.
9. Hoarding or destroying goods with the intention of raising the cost of these or similar goods manufactured in
greater number so as to manipulate higher prices.
10. Manufacturing or offering spurious goods or adopting deceptive practices in the provision of services.

Do you know?
“Goods once sold will not be taken back” or “No exchange”, or “No refund under any circumstances”

amounts to Unfair Trade Practice and does not carry any legal weight.
What are Services?
“Service” means: Service of any description which is made available to potential users and include,
but not limited to, the provision of facilities in connection with banking, financing, insurance,
transport, processing, supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or other information, but does not
include the rendering of any service free of charge or under a contract of personal services.
Contract of Service – It implies a relationship of a master and servant and involves to obey the order
in the works to be performed and as to its mode and manner of performance. This does not come
within the purview of CP Act.

Contract for Service – It implies a contract whereby one party undertakes to render services e.g.,
profession or technical services to or for another in the performance of which, he is not subject to
detailed direction and control but exercises professional skills and uses his own knowledge and
decisions.
What are the Consumer rights guaranteed under the Act?

 Right to Safety
• The right to be protected against the marketing of goods and services, which are hazardous to life
and property.
 Right to be informed
• 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.
 Right to Choose
• The right to be assured, wherever possible, access to a variety of goods and services at competitive
prices.
 Right to be heard
• The right to be heard and to be assured that consumer’s interests will receive due consideration at
appropriate fora.
 Right to Redressal
• The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous
exploitation of consumers.