Consumer Cases & Consumer Protection Legal Services

Consumer rights are protected by law in India to ensure that every individual receives fair treatment in the marketplace. Whether you’ve been sold a defective product, faced fraud from a service provider, or experienced unfair business practices, our legal team helps you take strong and effective legal action.

Our Consumer Legal Services Include:

  • Drafting & Filing Consumer Complaints
  • Legal Notices to Sellers, Service Providers & Companies
  • Representation before District, State & National Consumer Forums
  • Compensation Claims for Losses & Harassment
With ADVOCARE PARTNERS, you are never alone in your fight for justice.
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FAQ

Consumer Cases

1. Who is a ‘consumer’?
A consumer is any person who buys goods or hires services for a consideration (price paid or promised). It includes anyone who uses such goods or services with the buyer’s permission. However, a person who buys goods for resale or commercial purposes is not considered a consumer.
2. What are the basic consumer rights?

Under the Consumer Protection Act, 2019, every consumer has the following rights:

  1. Right to Safety – Protection against hazardous goods and services.
  2. Right to be Informed – About quality, quantity, purity, price, and standard of goods/services.
  3. Right to Choose – Access to a variety of goods and services at competitive prices.
  4. Right to be Heard – Assurance that consumer interests will be considered.
  5. Right to Seek Redressal – Against unfair trade practices or exploitation.
  6. Right to Consumer Education – Knowledge about rights and remedies available under the law.
3. What law protects consumer rights in India?

The Consumer Protection Act, 2019 protects consumer rights. It replaced the Consumer Protection Act, 1986 and introduced new mechanisms such as the Central Consumer Protection Authority (CCPA), e-filing of complaints, and product liability provisions.

4. What is the Central Consumer Protection Authority (CCPA)?

The CCPA is a regulatory body established under the 2019 Act to promote, protect, and enforce the rights of consumers. It can:

  • Order recall of unsafe goods,
  • Discontinue unfair advertisements, and
  • Impose penalties on manufacturers, endorsers, or sellers engaging in unfair trade practices.
5. What are unfair trade practices?
Unfair trade practices include misleading advertisements, false representation of goods or services, unfair pricing, fake discounts, and any deceptive practice that harms consumers’ interests.
6. How can a consumer file a complaint?

A consumer can file a complaint:

  • Online through the official portal – eJagriti portal.
  • Offline by submitting a written complaint to the appropriate Consumer Dispute Redressal Commission (District, State, or National level).
    The complaint can also be filed where the consumer resides or works, or where the cause of action arises.
7. What are the levels of Consumer Commissions?
  1. District Commission – For claims up to ₹50 lakh.
  2. State Commission – For claims between ₹50 lakh and ₹2 crore.
  3. National Commission – For claims above ₹2 crore.
8. What remedies can a consumer seek?

A consumer may seek:

  • Replacement or repair of goods.
  • Refund of the purchase amount.
  • Compensation for loss or injury.
  • Discontinuation of unfair trade practices or false advertisements.
  • Withdrawal of hazardous goods from the market.
9. Is there a time limit to file a consumer complaint?
Yes. A consumer complaint must be filed within two years from the date on which the cause of action arises. However, a delay may be condoned if the Commission is satisfied with the reasons provided.
10. What is product liability?
Product liability means that a manufacturer, service provider, or seller is legally responsible for any harm caused to a consumer by a defective product or deficient service.
11. Can complaints be filed for online purchases?
Yes. The Consumer Protection (E-commerce) Rules, 2020 ensure that online buyers enjoy the same rights as offline consumers. Online platforms must display product details, refund policies, and must not manipulate prices or reviews.
12. Can a consumer complaint be filed against government services?
Yes, if the government department is providing services (like electricity, water, etc.) for a fee, it can be treated as a service provider, and a complaint can be filed for deficiency.
13. What happens if a consumer files a false or frivolous complaint?
If a complaint is found to be frivolous or vexatious, the Commission may dismiss it and impose a penalty up to ₹10,000 on the complainant.
14. Is legal representation necessary to file a complaint?
No. Consumers can represent themselves and file complaints without engaging a lawyer. However, for complex cases, legal assistance may be beneficial.
15. How does the 2019 Act differ from the 1986 Act?

The 2019 Act introduced:

  • E-filing of complaints and video conferencing hearings.
  • CCPA with investigation powers.
  • Product liability
  • Inclusion of e-commerce and online transactions under consumer protection.
  • Simplified jurisdiction rules allowing filing from the consumer’s place of residence.