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Railway PNR Status / Enquiry

April 1, 2014 By Legal Solutions

Railway PNR is a unique 15 digit code issued by Indian Railways for very ticket reservation done. PNR Status stands for Passenger Name Record Status. PNR number can be used to check PNR status whether the Railway Ticket is in the waiting list or has been confirmed.
PNR is basically a record in the database of CRS (Computer Reservation System) of a Passenger(s). PNR used to be a 10 digit number till recently, but now has been changed to 15 digit code. PNR is allotted by CRS on availability of required information like Name of the Passenger, Ticket Details, Itinerary, Name of the person making the booking and in case booking made through Travel Agent, his contact details.
The PNR Status Enquiry can be made by dialing number 139 or sending SMS to 139 with code keyword ‘PNR’ followed by the 15 digit PNR number and the PNR status is made available within seconds. Further, in case of wait listed tickets PNR status is automatically sent through SMS on confirmation or preparation of chart, whichever is earlier.

Filed Under: Consumer Guide

Consumer Protection Act 1986

March 9, 2014 By Legal Solutions

THE CONSUMER PROTECTION ACT, 1986 ACT NO. 68 OF 1986

An Act to provide for the better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:–

CHAPTER – I: PRELIMINARY
Section 1. Short title, extent, commencement and application
Section 2. Definitions
Section 3. Act not in derogation of any other law
Read detailed sections under Chapter I here
CHAPTER – II: CONSUMER PROTECTION COUNCILS
Section 4. The Central Consumer Protection Council
Section 5. Procedure for meetings of the Central Council
Section 6. Objects of the Central Council
Section 7. The State Consumer Protection Councils
Section 8. Objects of the State Council
Section 8A. The District Consumer Protection Council
Read detailed sections under Chapter II here
CHAPTER – III: CONSUMER DISPUTES REDRESSAL AGENCIES
Section 9. Establishment of Consumer Disputes Redressal Agencies
Section 10. Composition of the District Forum
Section 11. Jurisdiction of the District Forum
Section 12. Manner in which complaint shall be made
Section 13. Procedure on admission of complaint
Section 14. Finding of the District Forum
Section 15. Appeal
Section 16. Composition of the State Commission
Section 17. Jurisdiction of the State Commission
Section 17A. Transfer of cases
Section 17B. Circuit Benches
Section 18. Procedure applicable to State Commissions
Section 19. Appeals
Section 19A. Hearing of Appeal
Section 20. Composition of the National Commission
Section 21. Jurisdiction of the National Commission
Section 22. Power of and procedure applicable to the National Commission
Section 22A. Power to set aside ex parte orders
Section 22B. Transfer of cases
Section 22C. Circuit Benches
Section 22D. Vacancy in the Office of the President
Section 23. Appeal
Section 24. Finality of orders
Section 24A. Limitation period
Section 24B. Administrative Control
Section 25. Enforcement of orders of the District Forum, the State Commission or the National Commission
Section 26. Dismissal of frivolous or vexatious complaints
Section 27. Penalties
Section 27A. Appeal against order passed under section 27
Read detailed sections under Chapter III here
CHAPTER – IV: MISCELLANEOUS
Section 28. Protection of action taken in good faith
Section 28A. Service of notice, etc.
Section 29. Power to remove difficulties
Section 29A. Vacancies or defects in appointment not to invalidate orders
Section Section 30. Power to make rules
Section 30A. Power of the National Commission to make regulations
Section 31. Rules and regulations to be laid before each House of Parliament
Read detailed sections under Chapter IV here

Filed Under: Bare Act, Consumer Guide, Consumer Law Tagged With: Consumer Law, Consumer Protection Act 1986

Consumer Forum in India & its Powers

February 13, 2014 By Legal Solutions

The preamble of Consumer Protection Act reads: An act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith.
And under Section 9 of the Consumer Protection Act, various Consumer Forum at various levels, i.e. District Consumer Forum, State Commission and National Disputes Redressal Commission have been set up. The jurisdiction of the consumer forums is mainly pecuniary… a consumer matter starts with filing of a consumer complaint in a consumer forum/court at a district level, when the compensation demanded does not exceed Rs 20 lakhs and with State Commission upto 1 crore.
The complaint has to be filed in physical form with a consumer forum/court and kindly note there is no procedure to file a complaint either by Fax or online over the Internet with any government established consumer forum/court. As according to the rules the complaint has to be signed by the Complainant in original and has to accompany with the affidavit in original only. Basically, the filing procedure in a consumer forum would be as follows:
1. Complaint has to be filed on a plain paper in triplicate/quadruplicate in person, depending upon the number of opposite parties.
2. It should include name & address of complainant and opposite party, which should be followed by facts/transaction, the resulting grievance and lastly compensation and relief sought.
3. Documents like payment proof i.e. receipt is most relevant, further correspondence with the opposite party and any other supporting document should be attached to the main complaint as Annexures !
4. Further The complaint should be accompanied by specified fees and be signed by the complainant.
5. Complaint can be filed with the District Forum in whose jurisdiction the opposite party reside or carries on business or where the cause of action arose, in case value of goods and services availed along with compensation claimed is less than 20 Lakhs, otherwise complaint can proceed at higher levels.
Though preferably, before filing of a consumer complaint, it is better to get in touch with the Opposite Party in writing either through normal correspondence or in case of prima-facie matters, to get them service with a Legal Notice. This provides an opportunity to settle the matter initially.
The procedure in a consumer forum takes on an average 18-24 months, which involves various dates after every 2-3 months interval, which can either be presented by the Consumer himself or through a representative or a professional lawyer.
While trying the matter, the District Consumer Forum has the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—
(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
(ii) the discovery and production of any document or other material object producible as evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
(v) issuing of any commission for the examination of any witness, and
(vi) any other matter which may be prescribed.
And also most importantly the consumer forum has been empowered to deal with matters involving false evidence laid down before it, where criminal proceedings can be initiated (refer: Reliance Mobile V Hari Chand Gupta – Punitive Damages for False Affidavit). This has been provided specifically under section 13 of the Consumer Protection Act:
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
The decision of the Consumer Forum is called the order, which mainly involves re-compensating the consumer and also providing for legal expenses and reasonable/exemplary compensation. Against which, the opposite party can prefer an appeal within 30 days of the receipt of the order, with the State Commission.
And in case no appeal has been filed and order has not been complied with, the consumer/complainant can file an execution proceedings against the Opposite party to enforce the order under Section 25/27 of the Consumer Protection Act.

Filed Under: Consumer Guide

Appeal to the State Commission against District Forum Order

July 15, 2013 By Legal Solutions

An appeal can be filed with the State Commission of respective state within 30 days of the receipt of order of District Forum.

Checklist made available by a State Commission Office: 

1. Three sets( for court) and all opposite parties.

2. District forum order copy in original.

3. Case Summary.

4. Within 30 days from date of receipt of District Forum.

5. Condonation of delay ( if crosses 30 days).

6. Memo of parties with address.

7. If advocate, Vakalatnama.

8. Pagination 1 to last.

9. Attach FDR Photocopy to appeal: In favor of Registrar, State Commission/ State Consumer Disputes Redressal Commission and should be drawn On a Nationalized Bank and should be for a Minimum period of 1 year.

10. Index containing

  • Memo of parties
  • Appeal
  • District Forum order original
  • Condonation if delay with affidavit(if cross 30 days)
  • Annexures
  • Vakalatnama

Filed Under: Consumer Guide

Consumer Complaint Filing Tips

June 8, 2013 By Legal Solutions

Some important points to be kept in mind:

  • You can file a complaint before a consumer forum, only if you are a consumer, not if the transaction is business related
  • Give notice in writing to service provider for him to rectify his faults; give one month notice
  • Approach District Forum if claim amount is up to Rs 20 lakh, State Forum if between Rs 20 lakh and Rs 1 crore and National Commission if more than Rs 1 crore
  • Complaint must be filed within 2 years of the cause of action (grievance)
  • Complaint should be typed, double spaced, with at least one-and-a-half-inch margin on all sides
  • Arrange the complaint in the following order and number all documents
  1. Index giving the page number(s) of each document
  2.  Complaint giving details of the grievance, preferably in chronological order, ground on which relief is claimed and the relief amount
  3. Complainant should sign the Complaint
  4. Either appear before the Forum yourself or ask a close relative or an advocate to do so
  5. If an advocate is to appear, enclose a Vakalatnama; your advocate does all paper work and attends the hearings
  6. If close relative is to appear, enclose a letter of authority
  7. Affidavit that the contents of the complaint are true
  8. Copies of documents that support your case
  9. Submit one original and 2 xerox copies of the complaint; if admitted, submit as many copies as the number of opposite parties

Source: http://www.business-standard.com/article/pf/are-consumer-courts-friendly-enough-113021000984_1.html

Filed Under: Consumer Guide

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