Who is a consumer?

Consumers can be either an individual person or group of persons/people who either purchase or use goods and services solely for personal use and not for manufacturing or resale. They are basically the end-users in the sales distribution chain. But the consumer protection act, 1986 section 2 (d) (i) & (ii) defines consumer.

In layman’s language, in section 2(d)(i) of the consumer protection act, we can say who buys goods, for any amount/price from someone who is selling (for example, shopkeepers, online sellers etc ) but it also bars this by mentioning in the act itself ” it doesn’t include a person who buys that’s good/service for some commercial purpose” so anyone who bought goods for purpose of reselling won’t be a consumer.

Clause (ii) of the aforesaid section adds further things so that it includes “Services also” subject to restrictions as mentioned in section 2 d(ii) of the consumer protection act.

Difference between a customer and a consumer?

Sometimes, consumers are not the people who actually purchased a product or who actually want that product. For example, As we see in our day-to-day life parents often buy their children games/toys/food/clothing etc. In this case, the parent is the customer, and the child is the consumer.

Another example is if a cat owner purchases cat food or cat toy, or cat accessories the person is the customer, and the cat is the consumer.

Let’s put it more simply to avoid confusion in your mind. The customer is the person who buys the product themself, and the consumer is the person who uses it. The terms are often used in a similar sense because most of the time, the customer will be the consumer and vice versa.

Some Examples of Consumers for a better understanding:–

A person who pays a hairdresser to cut and style his/her hair is a consumer. He/she is a perfect example of a consumer for “services”
A company that buys a computer for its personal use. Now in this case the customer is the company who purchased the computer, and the consumers are the employees using the computer. Provided that the company doesn’t intend to resell the computer
A parent who buys their child a car. Here the parent is the customer, and Hence, the child is the consumer.
A family purchasing ship a for a holiday. Here the whole family are the consumer.
A person purchased a new sports bike for themselves. The person is both the customer and the consumer.

I think now you have a clear understanding of consumer and customer differences.

The rights of consumers:-

Right to safety:- The consumer has all rights regarding his/her safety as per the law
Right to choose:- The consumer has the right to choose between different products the right to choose gives the consumer a new right that is right to bargain
Right to be informed:- The consumer has the right to be informed about his/her rights.
Right to consumer education.:- The consumer has full right to consumer education he/she can search online, and he/she can refer lawyers so that such a consumer can be aware of his/her rights.
Right to be heard.:- The consumer has the full right to be heard. if you file a case the consumer law will protect you and your case will be only decided after hearing both parties
Right to Seek redressal.:- In case any consumer is cheated or his rights are violated then that consumer can seek redressal before the appropriate authority or contact the best advocate for a consumer court case for himself.
Right to refuse:- The consumer has the full right to refuse before buying any goods or services.

There are many more rights than a consumer has Moreover nowadays as the “ONLINE consumer has all rights to file a case in any consumer court of his/her choice.

What are consumer courts?

The consumer courts are “fast track courts” related to a specific purpose which is consumer disputes so that in the event of a consumer being cheated or his/her rights are violated then he/she can file a case in consumer court. The consumer courts were established under the consumer protection act as Consumer Dispute Resolution Agencies and they always deal with consumer disputes, conflicts and grievances.

So in case of conflict, you can approach consumer court.

How to file a complaint in consumer court?

Here is a simple and easy procedure to file a case in consumer court:-

Basic requirements to file a complaint in consumer courts:-

First of all, what you need to be is a consumer see at the top of the article I have explained who is a consumer.
Then you need to have bills/proofs of defective goods or deficiencies in services.
Then you need to inform that person who has provided you defected goods. ( better to inform them via advocate legal notice)
If even after informing that supplier/shopkeeper he/she still chooses to ignore you then now you have the right to sue that person. In consumer court.

Procedure to file a complaint in consumer court:-

After following the Basic requirements as told in the above para to file a complaint/case in consumer court. The procedure regarding filling the case is given below. :-

frame complaint in your writing/ framed by advocate { better to get it framed by advocate}
Mention all facts in the complaint including when you purchased goods/services, the value of goods/services, Warranty. guaranty is given by the seller, How the seller cheated you, then what you have done, Attach the bills/proofs if any as annexures in a complaint like an annexure 1, 2, 3 etc
There are some court fees (that is very less than 100-500 rs) depending upon the state to state .. 100 rs is till 5 lakhs claim that needs to be affixed on a consumer complaint. {provided that some states/districts have provisions for online court fees submission so you need to submit it via e grass system
Then at last you have to mention the prayer clause of the consumer court complaint indicating what relief you need in terms of amount. or any relief payment for mental/physical torture if any.

You can also read :- How to File a Complaint Online against the bank to Banking Ombudsman

Suggestions:- The filling complaint in consumer courts is easy it can be even filled by consumers themself. But it better is to take the help of a lawyer who deals with consumer court cases.

FAQs (Frequently Asked Questions)