Complainant, Compliant, Consumer, Defect, Deficiency, Misleading Advertisement

COMPLAINANT

A complainant is any person, consumer, group of consumers, consumer association, or government authority who files a formal complaint before a Consumer Commission under the Consumer Protection Act, 2019. The complainant initiates legal proceedings alleging unfair trade practices, defect in goods, deficiency in services, overcharging, or misleading advertisements. Complainants can include individuals, voluntary consumer organizations, or legal heirs of deceased consumers. They play a crucial role in enforcing consumer rights, ensuring accountability of service providers, and seeking redressal, compensation, or corrective measures.

Statutory Definition

According to Section 2(6) of the Consumer Protection Act, 2019, a complainant includes:

• A consumer

• Any voluntary consumer association

• Central or State Government

• One or more consumers having the same interest

• Legal heir or representative of a deceased consumer

This wide definition strengthens consumer justice.

Who Can Be a Complainant?

A complainant may be:

• An individual consumer

• A registered consumer organization

• Government authorities

• A group of consumers (class action)

• Legal representative of a deceased consumer

This ensures access to justice for all affected parties.

Rights of a Complainant

A complainant has the right to:

• File a complaint without complex procedures

• Seek compensation, replacement, or refund

• Be heard by Consumer Commissions

• Appeal against orders

• File complaints electronically

Importance of Complainant

The complainant plays a vital role in:

• Activating the consumer redressal mechanism

• Preventing unfair trade practices

• Ensuring accountability of traders and service providers

• Protecting consumer rights

COMPLAINT

A complaint is a written or electronic allegation made by a complainant before a Consumer Commission under the Consumer Protection Act, 2019. It seeks legal relief against defective goods, deficient services, unfair trade practices, overcharging, or misleading advertisements. Complaints must include facts, evidence, and the relief sought. Filing a complaint allows consumers or other complainants to access the consumer redressal mechanism, secure compensation, replacement, or refund, and ensure that service providers and traders are held legally accountable for violating consumer rights.

Legal Definition

Under Section 2(6) of the Consumer Protection Act, 2019, a complaint includes allegations relating to:

• Defect in goods

• Deficiency in services

• Unfair trade practices

• Overcharging

• Misleading advertisements

• Sale of hazardous goods or services

Grounds for Filing a Complaint

Complaints can be filed on:

• Defective goods

• Deficient services

• Restrictive trade practices

• Overpricing

• False or misleading advertisements

Procedure for Filing Complaint

A complaint:

• Must be in writing

• Can be filed online or offline

• Requires supporting documents

• Does not mandate legal representation

Importance of Complaint

Complaint mechanism:

• Empowers consumers

• Provides speedy justice

• Reduces litigation cost

• Ensures transparency

CONSUMER

A consumer is a person who purchases goods or hires services for consideration primarily for personal use and not for resale or commercial purposes. Under Section 2(7) of the Consumer Protection Act, 2019, a consumer may also include someone who uses goods/services with the buyer’s approval. Consumers are the primary beneficiaries of the Act and have legal rights to safety, information, choice, redressal, and consumer education. The concept of consumer ensures protection against exploitation, promotes fair trade, and strengthens accountability of manufacturers and service providers.

Legal Definition

Under Section 2(7), a consumer includes:

• Buyer of goods

• User with buyer’s permission

• Hirer of services

Commercial buyers are excluded, except self-employment cases.

Who Is Not a Consumer?

Not considered consumers:

• Commercial buyers

• Free service recipients

• Resellers

Rights of Consumer

Consumers enjoy rights such as:

• Right to safety

• Right to information

• Right to choice

• Right to redressal

• Right to education

DEFECT

A defect refers to any fault, imperfection, or shortcoming in goods that reduces their quality, quantity, performance, potency, purity, or standard. It can arise due to design flaws, manufacturing errors, or substandard materials. Under Section 2(10) of the Consumer Protection Act, 2019, defects give consumers the right to claim remedies such as repair, replacement, refund, or compensation. Identifying defects ensures quality control, consumer safety, and trust in products. Defect provisions hold manufacturers and sellers accountable for supplying substandard or unsafe goods.

Legal Definition

Under Section 2(10), defect includes any deficiency in:

• Quality

• Quantity

• Potency

• Purity

• Standard

Types of Defects

• Manufacturing defect

• Design defect

• Quality defect

• Performance defect

Proof of Defect

Defects may be proved by:

• Expert opinion

• Laboratory tests

• Warranty terms

• Consumer usage evidence

Remedies for Defect

Consumers may claim:

• Repair

• Replacement

• Refund

• Compensation

DEFICIENCY

Deficiency refers to any inadequacy, imperfection, or shortcoming in the performance of services. It includes delays, negligence, incomplete work, or failure to meet promised standards. Under Section 2(11) of the Consumer Protection Act, 2019, deficiency in services entitles the consumer to legal remedies like compensation, correction of service, refund, or discontinuation of unfair practices. The concept ensures service providers maintain professional standards, perform obligations diligently, and prevent exploitation of consumers. Deficiency provisions cover sectors like banking, insurance, healthcare, transport, education, and telecom.

Legal Definition

Under Section 2(11), deficiency includes any shortcoming in service performance.

Examples of Deficiency

• Delay in service

• Negligence

• Poor quality service

• Incomplete service

Remedies for Deficiency

Consumers may seek:

• Compensation

• Refund

• Corrective measures

• Discontinuation of unfair practices

MISLEADING ADVERTISEMENT

A misleading advertisement is any promotional material that falsely represents goods or services, deceiving consumers regarding quality, quantity, price, or benefits. Section 2(28) of the Consumer Protection Act, 2019 defines misleading advertisement to include false claims, exaggerated promises, concealed information, or untrue endorsements. Misleading advertisements distort consumer choice, create unfair competition, and may attract penalties, fines, or ban on promotions. The Central Consumer Protection Authority (CCPA) regulates such advertisements to protect consumers, enforce transparency, and ensure businesses provide truthful, accurate, and reliable information.

Legal Definition

Under Section 2(28), misleading advertisements include false claims relating to quality, price, or benefits.

Forms of Misleading Advertisements

• False guarantees

• Exaggerated claims

• Concealment of facts

• Fake endorsements

Penalties

• Monetary penalties

• Advertisement ban

• Endorser liability

• Imprisonment in serious cases

Role of CCPA

The Central Consumer Protection Authority can investigate, penalize, and order discontinuation of misleading ads.