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anupam_advocate (n/a)     29 February 2008

The Consumer Protection Act, 1986

12. Manner in which complaint shall be made
1[12. Manner in which complaint shall be made

(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Forum, by-

(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not; or

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or

(d) the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.

(2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.

(3) On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected:

Provided that a complaint shall be rejected under this sub-section unless an opportunity of being heard has been given to the complainant:

Provided Further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.

(4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act:

Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.

Explanation : For the purposes of this section, "recognised consumer association" means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or any other law for the time being in force.]

1. Subs.by Act 50 of 1993, sec. 10, (w. r.e. f 18-6-1993) and again subs. by Act 62 of 2002' sec. 8, for section '12. Manner in which complaint shall be made.- A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-

(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided:

(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or

(d) the Central or the State Government.

Explanation.- For the purpose of this section, "recognised consumer association" Mmeans any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.' (w. e. f. 15-3-2003).


Learning

 8 Replies

Prakash Yedhula (Lawyer)     02 March 2008

Thanks for the info

SANJAY DIXIT (Advocate)     02 March 2008

Thanx Anupam.

anupam_advocate (n/a)     02 March 2008

welcome........

A.P.Rajagopal (Advocates)     01 April 2008

highly informative Mr anupam . much of thanks to you a.p.rajagopal Advocate

kiranpothuri (area manager in stock broking company)     07 August 2008

sir,


is  customer of  stocks and secutities  will come under consumer protection act ?


already i filed before consumer court ,the counter of opp party  stating that customer will not come under COPA .


GIST  of the case is complaint filed against one stock broking office stating that broker sold the entire shares with the knowledge of the customer ,and the same was informed after 2 days , no intimation at allto the customer.when he asked the fact they replied that his position is under below 10% short margin ,if they ask for payment of cheque or cash the customer is ready to pay margin cheque the broker,but the incharge didnt accept hte cheque .The customer sent around more than 60 mails to the company and its branch office, surprisingly no reply from the concern person.i filed suit against opp party before consumer court .


what todo?


 


 


the counter of opp party is


1.  the customer agreed AND SIGNED in agreement that all disputes subject delhi only,


        ( but the customer signed all documents in hyderabad )


2.   its a profit and loss making business and it will not comes under consumer


protection act.


3. further opp party asking damages .


 


sir , please help me to me and my client who is phisically handicaped ,kindly give all of your valuable suggestions to my client,please help him and his family.


thank u


kranthi


advocate


hyderabad

Guest (n/a)     08 September 2008

An agreement signed by client and contractor(Builder) for construction of client's residence comes under the perview of consumer protection law.

Guest (n/a)     09 September 2008

Anupam Ji


Can one the party ,who has signed an agreement go to consumer forum?


Thanks,


Regards

Guest (n/a)     09 September 2008

Anupam Ji


Can one the party ,who has signed an agreement go to consumer forum?


Thanks,


Regards


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