file a complaint

COMPLAINT
Who can file a complaint
[Sections 2(b) & 12]
At the outset it is clear that a person who can be termed as a consumer under the Act can make a complaint. To be specific on this account, following are the persons who can file a complaint under the Act:
(a) a consumer; or
(b) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or
(c) the Central Government or any State Government,
(d) one or more consumers, where there are numerous consumers having the same interest.
(e) in case of death of a consumer, his legal heir or representative.
In addition to the above following are also considered as a consumer and hence they may file a complaint:
Beneficiary of the goods/services - The definition of consumer itself includes beneficiary of goods and services.
Where a young child is taken to the hospital by his parents and the child is treated by the doctor, the parents of such a minor child can file a complaint under the Act - Spring Meadows Hospital v. Harjot Ahluwalia JT 1998(2) SC 620.
Legal heirs of the deceased consumer - A legal heir of the deceased consumer can well maintain a complaint under the Act - Joseph Alias Animon v. Dr. Elizabeth Zachariah (1) 1997 CPJ 96.
Husband of the consumer - In the Indian conditions, women may be illiterate, educated women may be unaware of their legal rights, thus a husband can file and prosecute complaint under the Consumer Protection Act on behalf of his spouse - Punjab National Bank, Bombay v. K.B. Shetty 1991 (2) CPR 633.
A relative of consumer - When a consumer signs the original complaint, it can be initiated by his/her relative - Motibai Dalvi Hospital v. M.I. Govilkar 1992 (1) CPR 408.
Insurance company - Where Insurance company pays and settles the claim of the insured and the insured person transfers his rights in the insured goods to the company, it can file a complaint for the loss caused to the insured goods by negligence of goods/service providers. For example, when loss is caused to such goods because of negligence of transport company, the insurance company can file a claim against the transport company - New India Assurance Company Ltd. v. Green Transport Co. II 1991 CPJ (1) Delhi.
Time frame within which a complaint can be filed
Section 24A of the Act provides that a consumer dispute can be filed within two years from the date on which the cause of action arises.
The point of time when cause of action arises is an important factor in determining the time period available to file a complaint. There are no set rules to decide such time. It depends on the facts and circumstances of each case.
Example: A house was allotted on 1-1-1999. Defects appeared in the house on 10-1-1999. Here the cause of action will arise on 10-1-1999.
It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condonation of delay.