Dowry Prohibition Act - Excerpts

Introduction

The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the system of "streedhan" (women's share of parental wealth given to her at the time of her marriage). As a woman had no right to inherit a share of the ancestral property streedhan was seen as a way by which the family ensured that she had access to some of its wealth. There is no clear proof as to when this practice was first started in India. What began as gifts of land to a woman as her inheritance in an essentially agricultural economy today has degenerated in to gifts of gold, clothes, consumer durables and large sums of cash, which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The dowry is often used by the receiving families for business purposes, family member's education, or the dowry to be given for the husband's sister. The transaction of dowry often does not end with the actual wedding ceremony as the family is expected to continue to give gifts. In the course of time dowry has become a widespread evil and it has now assumed menacing proportions. Surprisingly it has spread to other communities, which were traditionally non-dowry taking communities. With the increasing greed for the easy inflow of money on account of a bride the chilling stories of bride burning started coming to light. With a view to eradicate the rampant social evil of dowry from the Indian society, Parliament in 1961 passed the Dowry Prohibition Act which applies not merely to Hindus but all people, Muslims, Christians, Parsees and Jews. It extends to the whole of India except the State of Jammu and Kashmir.

What constitutes dowry

Dowry is defined as any property or valuable security given or agreed to be given either directly or indirectly: By one party to a marriage to the other party to the marriage or; By parents of either party to a marriage or; By any other person to either party to the marriage. BAN ON ADVERTISEMENT Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto RS. 15,000 (Fifteen thousand). DOWRY AGREEMENT-NOT VALID An agreement for giving and taking of dowry shall be void The dower or Mahr given during marriage under the Shariat (Muslim Personal) Law. Gifts that are given to the bride or the bridegroom at the time of the marriage (without any demand being made) will not amount to dowry, if such presents are entered in a list in the following manner: The bride shall maintain the list of presents given to the bride The bridegroom shall maintain the list of presents given to the bridegroom The lists shall be prepared at the time of marriage and shall be in writing The list shall contain a brief description of each present, approximate value, the name of the person who presented it, relationship of the presenter to the bride or the groom The list shall be signed (or thumb impression) by both the bride and the groom Where dowry already given- Where any dowry is received by any person other than the woman in connection with whose marriage it is given that person shall transfer it in the name of the women if it was received before marriage within three months after the date of marriage if it was received at the time of marriage or after the marriage within three months after the date of it's receipt if the dowry was received when the woman was a minor within 3 months after she has attained the age of 18 years. Pending such transfer that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman dowry shall be transferred to her children or her parents. If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine which shall not be less than RS. 15,000 (Fifteen thousand) or with both.

Remedies

Giving, taking and demanding dowry is a criminal offence under the Dowry Protection Act and the Indian Penal Code. Under the Dowry Prohibition Act only Metropolitan Magistrate or the Magistrate of the first class is competent to try these offences A Complaint may be made in the following manner: A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following The person aggrieved of the offence A parent or Other relation of such person or By a recognised welfare institute or organisation A complaint may be filed by the above mentioned persons in the police station or in the crime against women Cell who then make an investigation in the matter and report the facts to court which then takes cognizance of the matter. (Cognizance means notice or knowledge upon which a judge is bound to act) The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge. A complaint may be filed under the Indian Penal Code for cruelty by husband or relatives of husband. The Code of Criminal Procedure shall apply to offences under the Dowry Prevention Act as if they were cognizable offences (cognizable offence is one in which a police officer may arrest without warrant) for the purpose of investigation of such offences. arrest of a person without a warrant or without order of a magistrate.  Every offence under this Act is a non bailable and non compoundable offence (that which cannot be compromised or settled out of court, between the complainant and the accused, at any stage of the trial) BURDEN OF PROOF Where any person is prosecuted for taking or abetting the taking of any dowry or the demanding of dowry, the burden of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant/prosecutor. This onus has been shifted in certain specific offences such as Dowry, Rape, etc.). PENALTY FOR TAKING OR GIVING DOWRY The giving, taking or even abetting to give or take dowry amounts to an offence punishable with imprisonment for not less than 5 years and with fine which shall not be less than RS. 15,000 (Fifteen thousand) or the amount of value of the dowry, which ever is more. PENALTY FOR DEMANDING DOWRY If any person demands directly or indirectly, from the parents or other relatives of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with an imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to RS. 10,000 (ten thousand) LIMITATION There is no period of Limitation for filing a complaint under the Dowry Protection Act. For example: If a person was harassed for dowry in the year 1996 she can file a complaint in the year 2001 or even later as for prosecution under the Act bar of limitation has been removed. DOWRY PROHIBITION OFFICERS The Act also empowers the State Government to appoint Dowry prohibition officers and they have the following powers and functions. To ensure the compliance of the Act. To prevent the taking or demanding of dowry. To collect evidence necessary for the prosecution of persons committing offence under the Act. To perform additional functions as may be assigned to him by the State Govt.

Dowry death

The Indian Penal Code provides that where any women dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a Dowry death. The husband or the relative shall be deemed to have caused the death of the women. The offence is punishable with imprisonment of not less than seven years (Section 304B Indian Penal Code).

Cruelty/Harassment Towards Women

Whoever, being a husband or relative of the husband subjects such women to cruelty shall be punished with imprisonment for a term of three years. Cruelty has been defined as: Any conduct which is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health (Mental or physical) of the women, or Harassment with a view to coercing her or any person related to her to meet any lawful demand for property or valuable security or is on account of failure by her or any person related to her to meet such demand. (Section 498A Indian Penal Code)

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Internship for Law Students at MHRD

  Internship for Law Students_HRD Ministry

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Source of income of complainant has to be proved in 138 NI ACT CASES

Court           : Supreme Court of India
Judge           : V. GOPALA GOWDA and C. NAGAPPAN
Decided On : Nov-13-2014
Appellant     : K Subramani
Respondent  : K Damodara Naidu
Judgment      :
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2402 OF2014[ Arising out of SLP (Crl.) No.6197 of 2014]. K. Subramani … Appellant(s) versus K. Damodara Naidu … Respondent(s)

JUDGMENT

C. NAGAPPAN, J.
Leave granted. This appeal is preferred against judgment and order dated 10.10.2013 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.368 of 2009 wherein the High Court set aside the judgment of acquittal of the trial court and remanded the case to the trial court for retrial. 1 The respondent herein/complainant and the appellant/accused were working as lecturers in a Government College at Bangalore. The case of the complainant is that the accused borrowed a loan of Rs.14 lakhs in cash on 1.12.1997 from him to start granite business, promising to repay the same with 3% interest per month on demand and issued post-dated cheque dated 30.11.2000 for sum of Rs.29,12,000/- which included principal and interest and few days prior to presentation of the cheque on its due date to bank for encashment, the accused requested him not to present the cheque and took extension of time of another three years for repayment and finally issued a cheque dated 16.08.2005 for a sum of Rs.73,83,552/- which included principal and interest.
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Divorce under Muslim Law

Introduction

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires. Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife. The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement. But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation). Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.

Divorce by husband/wife

A Husband may divorce in the following manner- Talaq: which is release from the marriage tie immediately or eventually. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees. A wife may divorce in the following manner- Talaqetafwiz: talaq by the wife under the husbands delegated power.

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask. WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939 A Muslim woman may file for divorce on the following grounds- That the whereabouts of the husband have not been known for a period of 4 years That the husband has neglected or has failed to provide for her maintenance for a period of two years. That the husband has been sentenced to imprisonment for a period of seven years or upwards. That the husband has failed to fulfill his marital obligation for a period of three years. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease. That the husband was impotent at the time of marriage and continues to be so. The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.

Triple divorce

Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.

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Divorce Under Hindu Marriage Act

Introduction

As per the ancient Hindu laws there was no place for Divorce and it was with the codification of Hindu law that the first grounds for the new age laws were laid down. Divorce between two persons married under the Hindu Marriage Act is also governed by the same act.

Grounds for Divorce

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds: That the other party has after the marriage had voluntary sexual intercourse with any other person; or has after the marriage treated the petitioner with cruelty has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition, has ceased to be a Hindu by conversion to another religion, has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person, has been suffering from a virulent and incurable form of leprosy, has been suffering from venereal disease in a communicable form has renounced the world by entering any religious order. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

Additional Grounds for Divorce by Wife

In addition to the grounds stated above a wife may also present a petition for the dissolution of her marriage on the following grounds. Where the marriage was solemnized before the commencement of this Act, and the husband had married again before such commencement or that any other wife of the husband whom he had married before such commencement was alive at the time of the marriage. (In such a case its necessary that the other wife is alive at the time of presentation of the petition). That the husband has after the marriage been guilty of rape, sodomy or bestiality. That in a suit under S.18, Hindu Adoption and Maintenance Act, 1956 or in a proceeding under S. 125 Code of Criminal Procedure, 1973, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife not withstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards. That her marriage whether consummated or not was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years. NO PETITION FOR DIVORCE CAN BE FILED BY EITHER PARTY UNLESS ONE YEAR HAS ELAPSED SINCE THE DATE OF MARRIAGE.

Divorce by mutual consent

Where both the parties mutually agree that they want to divorce a petition may be presented on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Thereafter both the parties have to make a motion to the court not earlier than 6 months and not later than 18 months from the date of presentation of the petition and the court after hearing the parties and on being satisfied will pass a decree of divorce.

Filing of Petition

Every petition shall be present to the District Court within the jurisdiction of which The marriage was solemnized. The other party at the presentation of the petition resides; or The parties to the marriage last resided; Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more. WHAT A PETITION SHOULD CONTAIN Every petition presented should contain the following details The facts on which the relief claimed is based. That the petition is not presented in collusion between both the parties. The statements contained in the petition shall be verified by the petitioner or some other competent person source:helplinelaw.com

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Types of Suits

Introduction

Suits of civil nature falls into various categories, depending on the nature of suits, or status of person filing the suit etc. These categories in brief are as follows: Suits By Or Agents Govt./ Public Office Suits By Or Against Military/Naval Men/Airmen Suits By Or Against Corporations Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own. Suits By Or Against Trustees, Executors and Administrators. Suits By Or Against Minors And Persons Of Unsound Mind Suits By/Against Persons Of Unsound Mind Suits Relaing To Matters Concerning The Family Summary Procedure. (Suit Relating To Bills Of Exchange, Hundis, Promissory Notes Etc.) How is Summary Suit Instituted

Suits By or Agents Govt./Public Office

Where the Govt. or Public Officer in official capacity is plaintiff (one who files the suit), or the defendant (against whom the suit is filed), such Authority shall be named as "Union of India" or " State Govt. of (State Concerned) or The " Name & designation " of public officer. In case, the suit is filled against a public officer in his/their official capacity, the appropriate govt. shall also be made a party to the suit. In such case, a two months prior notice has to (sec 80) be served on the Govt./public officer, in case if/he is defendant having regard as--- as to who the party is, the notice shall be served on the following: In case of Central Government, to it's secretary In case of State Government, to it's secretary, or the collector of the district. In case of public officer, to him at his office. However, in case of urgent basis/relief, the suit may be instituted against Govt./public officer, after taking permission of the court. The court is required to allow a reasonable time to the Government, to communicate the subject matter of the suit through proper channel so as to enable the Govt. to accordingly instruct the Govt. pleader/Counsel appearing on it's behalf. The court at its discretion may also extend such time. However such time should not exceed 2 months in aggregate. Where the Govt. undertakes the defence of such public officer, it shall authorise it's pleader to appear in the court, and the pleader shall make an application in that regard to the Court. If no such application is made by the pleader within the time fixed by the court, the case shall proceed as if between private parties. However, in all cases against the Govt./public officer the endeavor of the court shall be to assist the parties to arrive at an amicable settlement if possible at the first instance and for that the court is empowered to adjourn the proceedings for a reasonable period of time in which attempts at settlement may be made by the parties.

Suits By or Against Military/Naval Men/Airmen

A suit may be instituted against any officer employed by any of the Armed forces; i.e. Navy, Military or Airforce in their personal capacity and it shall proceed in the same manner as between two private parties.

Suits By or Against Corporations

In suits against a corporation ( Companies : Private or public ), the summons are to be served either on the secretary, or any of the directors or principal officer of the corporation or may be sent by registered post or personally served at the registered office of the corporation. If the corporation does not have any registered office then the service shall be made at any place where the corporation carries on it's business. Any documents concerned with the suit ( by or against the corporation ) can be signed/verified by the following persons on behalf of the corporation: The Secretary Any of it's Director Any Principal officer Who are conversant with the facts and circumstances of the suit. The court is empowered to direct personal appearance of any of the above named officer at any stage of the suit, to answer questions relating to the suit.

Suits By or Against Firms and Persons Carrying on Business in Names Other Than Their Own.

A suit may be instituted by or against any 2 or more persons claiming to be partners in a partnership firm in the name of the firm provided such persons, were partners in the firm on the date when the cause of action occurred. Any party to such a suit may apply to the court for a statement of the names & addresses of all the partners of the firm as on the date of occurrence the cause of action. The court shall direct such a statement to be furnished and verified in a specific manner. The proceedings in the suit shall then continue in the firm's name but the final decree shall contain the names of the partners and all consequences shall follow as if the suit has been against the partners individually. Also the partners will appear individually in their own names in all court proceedings. Similarly, a suit may also be instituted by or against any person or any Hindu, Undivided family, carrying on any business in a name other than his own name, in the same manner as against a partnership firm. When two or more persons are surd in the name of the firm and any of them dies, during the pendency of the suit or before institution of the suit then it is not necessary to make his legal representative a party to the suit. However, the legal representative can make an application, to be made a party and can also enforce any claim against the surviving partners. A partner served summons can appear in the court under protest that he was not a partner of the firm when the cause of action accrued and he can apply to the court for determination of such a question any time before the date of hearing and final disposal of the suit.

Suits By Or Against Trustees, Executors and Administrators.

In cases where a suit has been instituted regarding a property between persons beneficially interested in the property and some third party, and the property, concerned is vested in a trustee, executor or administrator, then the persons, beneficially interested in the property shall be represented by the trustee/executor/administrator and the persons interested may not be made parties to the suit. In case there are more than one trustee / administrator or executors to a property then in case a suit has been filed against one, others shall also be made parties to it. However, those executors who are unable to prove their testator's will or who are outside India are not required to be made parties.

Suits By or Against Minors And Persons of Unsound Mind

Since a Minor is not capable of entering into a contract, even suit, which is instituted by him, will be filed in his name by his "next Friend", i.e. any other person who has attained majority in some way. Such " Friend" should be closely related to the minor so as to bonafidely ascertain the interests of the minor, for instance father, mother, brother, sister etc, or guardian. He does not become a party to the suit but merely represents minor's interest. To avoid any discourage vexatious--- litigation by such person, the code provides that, the courts can order the next friend to give security for payment of all the costs incurred or likely to be incurred by the defendant. Any person can be appointed, as the " Friend" or guardian of the minor as long as he is of sound mind, has attained majority, has no interests adverse to that of the minor's and he is not defendant or plaintiff in the suit. Where there is neither any guardian appointed by a competent Authority, nor any other person fit and willing to act as a guardian for the suit, the Court can appoint any of its officers as a guardian to the suit. The court may direct the costs incurred by such officer in his capacity as guardian to be borne by: Any of/or all parties to the suit, or Out of property of the minor, or Out of Any fund in the court in which minor, is interested. A " Friend" is not allowed to enter into any agreement/compromise on the minor's behalf, which may be in reference to the particular suit unless the court permits him to do so. A "next friend" may retire but not before, he first recommends another person to take his place and gives security for all the costs that have already been incurred in the suit. ON ATTAINING MAJORITY: On attaining majority, it shall be at the option of the minor plaintiff whether to proceed with the suit or opt out. In case he opts to proceed with the suit, he will have to make an application for discharge of " Friend", and permission to proceed on own name. In case he opts out, he can apply for an order to dismiss the suit/application on making payment of costs incurred by the opposite party or which has been paid by his next friend.

Suits By/Against Persons of Unsound Mind

Similar provisions and rules apply to the persons of unsound mind as those which apply to minors, whether a person develops a mental illness/infirmity during the pendency of suit or before it.

Suits Relaing to Matters Concerning The Family

The kinds of suits relating to family are:- A matrimonial suit claiming any matrimonial relief including the declaration of validity of a marriage or matrimonial status of any person. A suit claiming a declaration of legitimacy of any person. A suit relating to custody/guardianship of a minor/any person of family under a disability. A suit for maintenance A suit for declaring validity or effect of an adoption A suit for relating to wills, intestate and succession A suit relating to any matter concerning family in respect of which the parties are subject to their personal law. In all such cases, it shall be first the duty of court to make an endeavor to settle such types of suits, to which this order applies. (O32A R3) "Family" for such suits shall include the following: A man and his wife living together plus any child or children born of them or either of them. A man not having a wife or not living with his wife, maintaining any child or children, born of him or otherwise. A woman and have husband/not living with her husband, maintain any child/children being born of her or otherwise. A man or woman living with his/her brother, ancestor or any close relative, related to him/her by blood. Any combination of one or more of the above.

Summary Procedure. (Suit Relating To Bills of Exchange, Hundis, Promissory Notes Etc.)

The important feature of "summary suit", is that, here the Defendant is not allowed to defend the suit, unless he takes the permission from court.  Defendant is allowed to defend himself only if according to the affidavit filed by him, it is must for the plaintiff to prove charges against him. If by affidavit by Defendant, it appears that he has no defense, then court will decline him the permission and pass necessary orders in favor of plaintiff. Summary procedure applies to following kinds of suits:- Suits upon bills of Exchanges, hundies or promissory notes Any suit filed by the plaintiff for recovery of a debt/money payable by the defendant according to a written contract, or In case of an enactment wherein the amount to be recovered is a fixed amount of money , or a debt other than a penalty, or A guarantee, where the claim against the principal is in respect of a debt or for money only. The object behind provision of summary procedure was to ensure a speedy trial for recovery of money in cases where the defendant has no defence and thus any unreasonable delay sought to be caused is eliminated.

How is Summary Suit Instituted

A summary suit is instituted by presenting a plaint in the court containing the following specification; It must mention that the suit is filed under summary procedure and below the title of the suit it should be inscribed "Under Order XXXVII of code of Civil Procedure, 1908". It must state that no relief, which does not fall within the ambit of this rule, has been claimed. Then the summons of the suit are to be issued to the defendant, which should be in prescribed from no. 4, accompanied with a copy of plaint and Annexures. When the defendant appears, he is required to enter his appearance within 10 days of receipt of summons. On default of his appearance it is assumed that he has admitted the allegations made in the plaint and the plaintiff gets entitled to a final order granting him the sum as mentioned in the plaint alongwith interest at the specified date and costs if the Court thinks it appropriate. (Rule 2) Where the defendant enters an appearance, the plaintiff is required to serve on him the summons for judgement in Form no. "4A) accompanied with an affidavit verifying the cause of action and the amount which is claimed in the plaint, and a statement to the effect that there is no defense to the suit. Then, the defendant may apply for leave to defend the suit within 10 days from the date of service of summons, disclosing by way of an affidavit, such facts which he believes to be sufficient to entitle him of the right to defend himself. The Court shall not refuse permission to the defendant to defend the suit unless it believes that the disclosure by the defendant does not show that he has any substantial defense to raise or that it is frivolous. Also, where the defendant admits part of the amount claimed by the plaintiff, then the court shall permit the defendant to defend only, when such admitted amount is deposited by the defendant in the court. The court may also require the plaintiff or the Defendant to deposit some security amount by way of costs, depending on the facts, i.e. to ensure the Bonafide of plaintiff or Defendant. Source:helplinelaw.com

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Consumer Protection In India

Introduction

Industrial development in the field of manufactured goods has led to the influx of various consumer goods into the Indian market to cater to the needs of the consumers and a variety of services such as banking, financing, insurance, transport, housing construction, entertainment have been made available to the consumers. In order to protect the consumers from exploitation and to save them from adulterated and substandard goods and deficient services the Consumer Protection Act came into force on 15th April, 1986 and it applies to the whole of India except the State of Jammu and Kashmir.

Who is a Consumer

The definition of consumer under the Consumer Protection Act would include: A person who has bought goods for consideration, Any person other than the buyer who uses the goods with the approval of the buyer, A person who hires any services for consideration1, Any other person who uses the services with the approval of the hirer of services’ Beneficiary of services. Any person who obtains the goods for resale or commercial purposes is not a consumer. But a person buying goods for self employment is a consumer.

Who can file a complaint

Following persons can file a complaint under the Act: a consumer; or any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or the Central Government or any State Government, one or more consumers, where there are numerous consumers having the same interest. A complaint on behalf of the public which consists of unidentifiable consumers cannot be filed under the Act. An unregistered association cannot file a complaint under the Act.

Complaint

A complaint must contain any of the following allegations: An unfair trade  practice or a restrictive trade practice has been adopted by any trader; The goods bought by him or agreed to be bought by him suffer from one or more defects; The services hired or availed of suffer from deficiency in any respect; A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods. Goods which will be hazardous to life and safety when used are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.

Limitation Period for filing Complaint

A complaint should be filed at the earliest but not later than two years from the date on which the cause of action arose. However the Court may entertain the complaint after a period of 2 years if the complainant is able to satisfy the court that there was sufficient cause for the delay.

Remedies

A consumer can seek for the following remedies under the Act: to remove the defect pointed out by the appropriate laboratory from the goods in question; to replace the goods with new goods of similar description which shall be free from any defect; to return to the complainant the price, or, as the case may be, the charges paid by the complainant; to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party; to remove the defects or deficiencies in the services in question; to discontinue the unfair trade practice or the restrictive trade practice or not to repeat it; not to offer the hazardous goods for sale; to withdraw the hazardous goods from being offered for sale; to provide from adequate costs to complainant.

Consumer Protection Councils

The Consumer Councils have been created to advise and assist the consumers in seeking and enforcing their rights. In India, there are Consumer Councils both at Center level and State level. The State Government shall establish a District Consumer Protection Council for every district. These councils work towards the promotion and protection of consumers. They make investigations and give publicity to the matters concerning consumer interests, take steps towards furthering consumer education and protecting consumer from exploitation, advice the Government in the matter of policy formulation keeping consumer interest as pivotal concern, etc. Although their suggestions are re commendatory in nature, but they have significant impact in policy making.

Objects of the Consumer Council

The objects of the Central Council shall be to promote and protect the following rights of the consumers: The right to be protected against the 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, as the case may be so as to protect the consumer against unfair trade practices; The right to be assured, wherever possible, access to a variety of goods and services at competitive prices; The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums; The right to seek readdress against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and The right to consumer education.

Consumer Protection Forums

The Consumer Protection Act provides three tier machinery for redressal of consumer grievances: District Consumer Disputes Redressal Forums At the lowest level are the District Forums and these are established in each District and have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed does not exceed Rs.20, 00, 00 (Twenty Lakhs) and a complaint can be filed in a District Forum within the local limits of which: the opposite party resides or carries on his business or works for gain or where the cause of action arises. State Consumer Disputes Redressal Commission The State Consumer Disputes Redress Commission is established in each state and these have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore. National Consumer Disputes Redressal Commission The National Consumer Disputes Redressal Commission has jurisdiction to entertain complaints where the value of the goods or services and compensation if any claimed exceeds rupees one crore.

Appeal

An Appeal from the order of the District Forum lies to the State Commission, against the order of the State Commission to the National Commission and against the order of the National Commission to the Supreme Court. All appeals are to be filed within 30 days of the order appealed against and are to be accompanied by a certified copy of the order. Period of 30 days is counted not from the date of order but from the date when the order is communicated to the appellant.

Penalties for non-compliance

Any person who fails or omits to comply with the order of the District Forum, or State Commission, or the National Commission, as the case may be, shall be punished with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both.

Fee for making complaints before District Forum

Every complaint filed under the Act shall be accompanied by a fee in the form of crossed Demand Draft drawn on a nationalized bank or through a crossed Indian Postal Order drawn in favor of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated.   Source:helplinelaw.com

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