Customer Complaint means any written, electronic or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety or performance of a medical device that has been placed on the market.
Consumer means any person who:
buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose
Therefore, to be a consumer, the following conditions must be satisfied:
the goods or services must have been purchased or hired or availed of for consideration which has been paid in full or in part or under any system of deferred payment, i.e. in respect of hire purchase transactions;
goods purchased should not be meant for re-sale or for a commercial purpose. Goods purchased by a dealer in the ordinary course of his business and those which are in the course of his business to supply would be deemed to be for ‘re-sale’; and
in addition to the purchaser(s) of goods, or hirer(s) or users of services, any beneficiary of such services, using the goods/services with the approval of the purchaser or hirer or user would also be deemed a ‘consumer under the Act.
Under what qualifies as a complaint format these two points this way:
a trader or the 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—
• fixed by or under any law for the time being in force;
• displayed on the goods or any package containing such goods;
• displayed on the price list exhibited by him by or under any law for the time being in force
• agreed between the parties.
goods which will be hazardous to life and safety when used are being offered for sale to the public,—
• in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
• if the trader could have known with due diligence that the goods so offered are unsafe to the public.
The basic rights of consumers are as follows:
the right to be protected against marketing of goods and services which are hazardous to life and property;
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;
the right to be assured, wherever possible, access to variety of goods and services at competitive prices;
the right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums;
the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
right to consumer education.
Who can file a consumer complaint?
The following can file a consumer complaint:
any registered voluntary consumer association; or
the central government or any state government; or
One or more consumers, where there are numerous consumers having the same interest; or
In case of death of a consumer, his legal heir or representative.
Redressal Machinery for redressal of consumer disputes and grievances:
|Particulars||District Forum||State Commission||National Commission|
|Territorial Limits||Extends to whole of the district||Extends to whole of the State||Extends to whole of nation|
|Pecuniary Limits||Value of goods does not exceed 20 lakhs||Value of goods exceeds 20 lakhs but does not exceed Rs. 1 Crore||Value of goods exceeds Rs. 1 Crore|
|Appeals||To state commission||To National Commission||To Supreme Court|