Procedure of filing a Consumer Complaint

Who is a Consumer?

As per the Consumer Protection Act, 1986 the following persons are consumer:

consumer-complaint-court

  1. A person who has purchased goods for a consideration, i.e., he has paid some money for it.
  2. A person who has not himself purchased the goods but who uses the goods with the approval of the buyer.
  3. A person who hires or avails of any services for a consideration and includes any beneficiary of such services.

However, a person who has obtained the goods for resale or commercial purpose or has availed the services for any commercial purposes will not be a consumer.

Who can file a Consumer Complaint?

As per the Consumer Protection Act, 1986, the following can file a consumer complaint:-

  1. a consumer; or
  2. any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force; or
  3. the Central Government or any State Government,
  4. one or more consumers, where there are numerous consumers having the same interest;
  5. in case of death of a consumer, his legal heir or representative

Can a person file a consumer complaint from its own?

A person can file a consumer complaint from its own and there is no need to engage a lawyer for the same. However a person can also file it through an authorized person/Advocate.

Jurisdiction of filing complaint

As per the provisions of the Consumer Protection Act, 1986, a complaint can be filed in the:-

District Forum – Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs

State Commission – Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore

National Commission – Where the value of goods or services and compensation, if any, claimed exceeds Rs. One crore

Procedure of filing a consumer complaint

Firstly Consumer has to give notice to the opposite party of the fact of any
deficiency in service, etc. so as to give the opposite party a chance to make good the loss, UP-Consumerreplace the goods, etc.

Then the consumer has to prepare a complaint. The complaint must state facts necessary to establish a cause of action. The complaint must mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.

Also the complainant has to get the complaint affidavit notarized through a notary.

After that the complainant has to submit the complaint and court fee to the receiving clerk in the consumer court who will give the date for admission hearing and complaint reference number.

On admission hearing, complainant would be informed whether or not his matter is admitted. If admitted then he will be given the date for next hearing.

Limitation period of filing a consumer complaint

An aggrieved person has to file a consumer complaint within two years from the date of cause of action.

However a complaint may be entertained after the period of two years if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.

Appeals to State Commission, National Commission and Supreme Court

Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order.

Any person aggrieved by an order of the State Commission may prefer an appeal to the National Commission within a period of thirty days from the date of the order.

Any person aggrieved by an order of the National Commission may prefer an appeal to the Supreme Court within a period of thirty days from the date of the order.

Fee Structure to file a consumer complaint

District Forum

Upto One Lakh Rupees – For Complainants Who Are Under The Below Poverty Line Holding Antyodaya Anna Yojna Cards NIL
Upto One Lakh Rupees – For Complainants Other Than Antyodaya Anna Yojna Card Holders Rs. 100
Above One Lakh And Upto Five Lakh Rupees Rs. 200
Above Five Lakhs And Upto Ten Lakh Rupees Rs. 400
Above Ten Lakhs And Upto Twenty Lakh Rupees Rs. 500

State Commission

Above Twenty Lakh And Upto Fifty Lakh Rupees Rs. 2000
Above Fifty Lakh And Upto One Crore Rupees Rs. 4000

National Commission

Above One Crore Rupees Rs. 5000

Money Bill – Procedure of Passing of Money Bill; Difference between Money Bill, Ordinary Bill and Financial Bill

What is a Money Bill?

A Money Bill is a bill that contains provisions for taxes,money-large appropriation of funds etc. Money Bills can be introduced only in the Lok Sabha. Every Bill has to be passed by both the Houses of the Parliament but in case of Money Bill, Lok Sabha is superior to Rajya Sabha.

Under Article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawals of moneys from any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

Further Article 110(2) provides that a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

Power to decide whether a Bill is a Money Bill or not

Article 110 (3) of the Constitution of India lays down that “if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final”.  It is the Speaker of the Lok Sabha who decides whether a Bill is a Money Bill or not. Further, once the Speaker has certified a Bill as a Money Bill, its nature cannot be questioned in a court of law, in the Houses of Parliament, or even by the President.

Procedure for Passing of the Money Bills 

A money bill can be introduced / originated only in Lok Sabha {or in legislative assembly in case of bicameral legislature in states}.

A money bill can be introduced only on prior recommendations of the President {or governor in case of state}

Once a money bill is passed in Lok Sabha, it is transmitted to Rajya Sabha for its consideration. But Rajya Sabha has limited powers in this context. It can neither reject nor amend the money bill. It can make only recommendations and has to return the bill with or without recommendations to Lok Sabha in 14 days.

The Lok Sabha may or may not accept the recommendations of Rajya Sabha. Whether or not accepted those recommendations, thus returned bill is considered passed in both houses.

If Rajya Sabha does not return the bill in 14 days, it is deemed to have been passed by both the houses at the expiration of the 14 days in the form in which it was passed by the Lok Sabha.

President can withhold assent to money bill but cannot return it for reconsideration of the Lok Sabha.

Whether there can be a joint sitting of both the Houses in case of Money Bill

There cannot be a joint sitting of both the Houses in case of money bills. This is because opinion of Rajya Sabha is immaterial in this case.

Difference between Money Bill and Ordinary Bill

A Money Bill may only be introduced in Lok Sabha, on the recommendation of the President. However, an Ordinary Bill may be introduced in either House of the Parliament.

A Money Bill must be passed in Lok Sabha by a simple majority of all members present and voting. The Rajya Sabha has no power to reject or amend a Money Bill. However, an Ordinary Bill must be passed by both Houses by a simple majority of all members present and voting.

Difference between Money Bill and Financial Bill

In a general sense, any Bill that relates to revenue or expenditure is a Financial Bill. A Money Bill is a specific kind of Financial Bill. A Bill is deemed to be a Money Bill if it deals only with matters specified in Article 110 (1) (a) to (g). A Money Bill is certified by the Speaker as such. In other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.

While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.  For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill.  However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered as a Financial Bill.

Secondly, the procedure for the passage of the two bills varies significantly.  The Rajya Sabha has no power to reject or amend a Money Bill.  However, a Financial Bill must be passed by both Houses of Parliament.

Salient Features of the Motor Vehicles Amendment Bill 2016

The Union Cabinet has given its approval for Motor Vehicle (Amendment) Bill 2016. The new Bill provides for hefty penalties for violation of road safety rules. The Bill makes it easier to get a learner’s driving licence and ease the provisions on vehicle permits, to help growth of public transport. The Bill also promotes automation and computerisation.

The present Motor Vehicle Act has 223 Sections out of which the Bill aims to amend 68 sections whereas Chapters 10 has been deleted and a Chapter 11 is being replaced with new provisions to simplify third party insurance claims and settlement process.

Some of the important features of the Bill are:

Offences by juveniles – The Bill proposes that in the case of offences committed by juveniles, the guardian/owner shall be deemed guilty. The juvenile would be tried under Juvenile Justice Act. Registration of the motor vehicle will also be cancelled.

Enhancement of compensation in Hit and Run cases – The compensation payable for victims in ‘hit and run’ out of the scheme fund under Section 161 has been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily injury, from Rs.25,000/- and Rs.12,500/- respectively.

Motor Vehicle Accident Fund – The Bill seeks to introduce a Motor Vehicle Accident Fund u/s. 164B, which is to be augmented by a special tax or cess. The Fund is to be utilized for giving immediate relief to victims of motor accidents, and also hit and run cases. The compensation paid out of the fund shall be deductible from the compensation which the victim may get in future from the Tribunal.

Community Service as punishment – The Act defines “Community Service” as unpaid work which a person is required to perform as a punishment for an offence committed under this Act. For causing motor accidents, punishment in the form of ‘Community Service’ can be imposed.

Protection of Good Samaritans – The Act defines “good Samaritan” as a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transporting such victim to the hospital. The Act makes provision for protection of Good Samaritans from unnecessary trouble or harassment from civil or criminal proceedings and empowers Central Government to frame Rules for their protections.

Registration process for new vehicles – There is also a proposal to improve the registration process for new vehicles. Registration at the end of the dealer is being enabled and restrictions have been imposed on temporary registration, under the new Bill.

National Register for Driving Licence and National Register for Vehicle registration – To bring harmony of the registration and licensing process, government proposes to create National Register for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi” platforms. This will facilitate uniformity of the process across the country, says the government.

Multiplier – The Bill proposes that the State Government can specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine.

Increase in penalties – With an aim to enhance road safety, the bill proposes to increase penalties, that it hopes will act as deterrent against traffic violations. Stricter provisions are being proposed with respect to offences like driving without licence, over-speeding, juvenile driving, drunken driving, dangerous driving, overloading etc.

Proposed Amendments in Various Penalties under Motor Vehicle Amendment Bill – 2016

Section Old Provision / Penalty New Proposed Provision / Minimum Penalties
177 General Rs 100 Rs 500
New 177A Rules of road regulation violation Rs 100 Rs 500
178 Travel without ticket Rs 200 Rs 500
179 Disobedience of orders of authorities Rs 500 Rs 2000
180 Unauthorized use of vehicles without licence Rs 1000 Rs 5000
181 Driving without licence Rs 500 Rs 5000
182 Driving despite disqualification Rs 500 Rs 10,000
182 B Oversize vehicles New Rs 5000
183 Over speeding Rs 400 Rs 1000 for LMV

Rs 2000 for Medium passenger vehicle

184 Dangerous driving penalty Rs 1000 Upto Rs 5000
185 Drunken driving Rs 2000 Rs 10,000
189 Speeding / Racing Rs 500 Rs 5,000
192 A Vehicle without permit upto Rs 5000 Upto Rs 10,000
193 Aggregators (violations of licencing conditions) New Rs 25,000 to

Rs 1,00,000

194 Overloading Rs 2000 and

Rs 1000 per extra tonne

Rs 20,000 and

Rs 2000 per extra tonne

194 A Overloading of passengers Rs 1000 per extra passenger
194 B Seat belt Rs 100 Rs 1000
194 C Overloading of two wheelers Rs 100 Rs 2000, Disqualification for 3 months for licence
194 D Helmets Rs 100 Rs 1000, Disqualification for 3 months for licence
194 E Not providing way for emergency vehicles New Rs 10,000
196 Driving Without Insurance Rs 1000 Rs 2000
199 Offences by Juveniles New Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled
206 Power of Officers to impound documents Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E
210 B Offences committed by enforcing authorities Twice the penalty under the relevant section

 

The Journey of India’s Independence

Bombs and pistols do not make a revolution. The sword of revolution is sharpened on the whetting-stone of ideas” – Bhagat Singh

Arrival of Europeans and Britishers in India

With the arrival of the Portuguese explorer Vasco da Gama in 1498 AD in India, it started an era arrivalof European traders coming to India in search of lucrative spice trade. The Dutch and English established trading outposts on the Indian subcontinent, with the first English trading post set up at Surat in 1617. European traders had established outposts on the Indian subcontinent by the 17th century. Over the course of the 17th and early 19th centuries, the British defeated the Portuguese and Dutch militarily. After that the East India Company under the Robert Clive defeated Siraj-ud-Daula in the Battle of Plassey in 1757 and soon after that gained administrative rights over the regions of Bengal, Bihar and Midnapur part of Orissa. This was followed by Battle of Buxar in 1764. The East India Company subsequently gained control of regions ruled by the Maratha Empire, after defeating them in a series of wars. Through overwhelming military strength, the British East India Company subdued local kingdoms and established themselves as the dominant force by the 18th century.

1857 Sepoy Mutiny – First War of Indian Independence

The year 1857 is a benchmark in the history of Indian independence. The Sepoy mutiny of 1857 started by Indian soldiers in the British army at Barrackpore was the first attempt to overthrow British Empire from India. The mutiny which continued till December 1858 was finally2-india-sepoy-mutiny-1857-granger suppressed by the British. Following the Rebellion of 1857, the Government of India Act 1858 led the British Crown to assume direct control of India. In 1877, Queen Victoria took the title of Empress of India. The next few decades saw various big and small wars being fought against the Empire. Prominent among these were the Battle of Kanpur led by Nana Sahib of Bithur, the Battle of Jhansi by Rani Laxmibai and Tantia Tope, the fight at Arrah in Bihar by the landlord of Jagdishpur Kunwar Singh and the war at Lucknow led by Hazrat Begum. These wars took place in isolated areas of the country and hence, met with little success. But these battles were indicative of the discontent of the Indians against their European rulers and served to keep the torch of the Indian freedom struggle burning.

Discontent in the 19th and 20th Century

By the 20th century, the dissatisfaction with the British government had begun to take a concrete shape. The beginning of the 1900s saw the springing up of a number of revolutionary groups in several parts of the InBose_Gandhi_1938dia such as Bengal, Punjab, Gujarat, Assam and the southern states of India. In the year 1885 Indian National Congress was founded by A.O. Hume. Other Political groups were also formed to counter the Britishers in a peaceful way and voice the dissent of millions of Indians.  Iconic leaders such as Mahatma Gandhi, Dadabhai Naoroji, Gopal Krishna Gokhale and others tried to attain liberty through peaceful means while personalities like Lala Lajpat Rai, Chandrasekhar Azad, Bhagat Singh, Bal Gangadhar Tilak, Aurobindo Ghose, Bipin Chandra Pal and others strived to snatch freedom forcefully from the uncompromising British Empire. Mahatma Gandhi’s famous “Salt March” in 1930 and the “Quit India Movement” in 1942 saw a wave of public support. Subhash Chandra Bose, who idealisms were extremist, got drifted from Congress and formed a new party named the All India Forward Block Party and launched his own army named Indian National Army (INA). And by this military might he tried to attain freedom from the clutches of the British Empire. The decades of 1930’s and 1940’s saw a increase in extremist activities. Non-violent protests as well as extremist activities were being carried out on the daily basis.

Reason of partition of United India into India and Pakistan

After the formation of Indian National Congress in 1885, when the British made an attempt to divide the state of Bengal along religious lines in 1905, the INC lead huge protests against the plan. This sparked the formation of the Muslim League, which sought to guarantee the rights of Muslims in any future independence negotiations. Originally formed as an oppartitionposition to the INC, the Muslim league had generally agreed with the INC in their mutual motive of expelling the British from the country. The British, however, had always attempted to pit the INC and the Muslim League against each other. World War II sparked a crisis in relations among the British, the INC and the Muslim League. The British expected India to provide much-needed soldiers and materiel for the war effort, but the INC opposed sending Indians to fight and die in Britain’s war. After the betrayal following World War I, the INC saw no benefit for India in such a sacrifice. The Muslim League, however, decided to back Britain’s call for volunteers, in an effort to curry British favor in support of a Muslim nation in post-independence northern India. After World War II Winston Churchill’s party was voted out of office, and the pro-independence Labour Party was voted in during 1945. Labour Party called for almost immediate independence for India, as well as more gradual freedom for Britain’s other colonial holdings. It was then that the Muslim League’s leader, Muhammed Ali Jinnah, began a public campaign in favor of a separate Muslim state, while Jawaharlal Nehru of the INC called for a unified India. In February of 1947, the British government announced that India would be granted independence by June 1948. Viceroy for India Lord Mountbatten pleaded with the Hindu and Muslim leadership to agree to form a united country, but they could not. With the country descending further into chaos, Mountbatten reluctantly agreed to the formation of two separate states, and moved the independence date up to August 15, 1947.

Independence of India

On 3rd June 1947, the Viceroy Lord Mountbatten announced that the British will leave the Indian subcontinent. Finally India attained Independence on the midnight of August 15th 1947, after a great pofirst-independence-thumblitical and social struggle. The history behind Indian independence is very painful and is full of sacrifices. And only because of those sacrifices India freed herself from the shackles of British Empire. It was an endless struggle of millions faceless Indians. It is the fundamental duty of every citizen to cherish and follow the noble ideals which inspired our national struggle for freedom, and further to uphold and protect the sovereignty, unity and integrity of India.