Beruflich Dokumente
Kultur Dokumente
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AIBA
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• Permits-
a) The offering of the gifts, prizes or other items with the intension
of not providing them as offered or creating impression that
something is being given or offered free of charge when it is fully
or partly covered by the amount charged in the transaction as a
whole;
b) The conduct of any contest, lottery, game of chance or skills for
the purpose of promoting directly the sale, use or supply of any
product or any business interest;
(3A) with holding from the participants of any scheme offering gifts,
prizes or other items free of charge, on its closure the information
about final result of the scheme. The participants of a scheme shall
be deemed to have been informed of the final results of the scheme
where such results are within a reasonable time published
prominently in the same news paper in which the scheme was
originally advertised.
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DEFICIENCY IN SERVICE
Meaning
Section 2(1) (g) of the Act provides that, “deficiency” means any
fault, imperfection, shortcoming or inadequacy in the quality, nature and
manner of performance which is required to be maintained by or under
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any law for the time being in force or has been undertaken to be
performed by a person in pursuance of a contract or otherwise in
relation to any service.
Examples
Delay caused in returning of baggage or tampering with baggage:
A delay in returning baggage or tampering it amounts to a deficiency of
the services by the airline. The aggrieved party is entitled to claim
damages on the grounds that there was a deficiency in services and also
any loss suffered by him due to the tampering of the baggage.
Failure in informing the unavailability of a connecting flight: The failure
on the part of an airline to inform a passenger of the non-availability of
a connecting flight due to which the passenger has to spend long hours
at the connecting point without any justification would amount to
deficiency in services. The airlines will have pay compensation for the
mental agony suffered.
Failure to inform with regard to change in flight timings: The failure on
the part of an airline to intimate the passengers of any change in flight
timings would amount to deficiency for which the airline is liable to pay
compensation. The airline also has to pay all the costs that have been
incurred by the passengers due to the changed circumstances.
The most common problem faced by the air passengers is delay of
flights and subsequent cancellation of flights. Many of the airline
companies in India do not have a sufficient number of planes to cover
their schedules and the airline companies that are having adequate
number of airbuses have older and obsolete aircrafts. All this often
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Conclusion
Thus, after observing the continuing trend of poor aviation services
in India, it can be inferred that the Passengers can enforce their rights
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(Sec 9 to 27)
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(b) Two other members, one of whom shall be a woman, who shall have
the following qualifications, namely :--
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b) is an undischarged insolvent; or
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Every member of the District Forum shall hold office for a term of five
years or up to the age of 65 years, whichever is earlier, and shall not be
eligible for re-appointment. However, a member shall be eligible for re-
appointment for another term of 5 years or up to a age of 65 years,
whichever is earlier, subject to the conditions that he fulfills the
qualifications and other conditions for appointment and such re-
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Resignation
A member may resign his office in writing under his hand addressed to
the State Government and on such resignation being accepted, his office
shall become vacant and may be filled by the appointment of a person
possessing any of the qualifications mentioned above in relation to the
category of the member who has resigned.
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b) any of the opposite parties, where there are more than one, at the
time of the institution of the complaint, actually and voluntarily
resides, or carries on business or has a branch office, or
personally works for gain. But in such a case either the
permission of the District Forum is given, or the opposite parties
who do not reside, or opposite parties who do not reside, or carry
on business or have a branch office, or personally work for gain,
as the case may be, acquiesce in such institution; or
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d) the Central or the State Government, as the case may be, either in
its individual capacity or as a representative of interests of the
consumer in general.
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Denial etc. of allegation by the opposite party. The opposite party may,
on receipt of a copy of the complaint, deny or dispute the allegations
contained in the complaint, or omit or fail to take any action to represent
his case within the time given by the District Forum.
COMPLAINTS
A consumer:
Who is a Consumer?
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consideration which has been paid or promised or partly paid and partly
paid and partly promised under any system of deferred payment."
Any consumer of the State can file a complaint before the concerned
District Consumer Disputes Redressal forum, as prescribed below:- Any
voluntary consumer organization registered under the Societies
Registration Act, 1860 or under the Companies Act, 1956 or under any
other law for the time being in force.
iv) Class action complaints - one or more consumers, where there are
numerous consumers having the same interest.
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Deficiencies in services
A trader charging excess of price that is fixed by or under any law for
the time being in force or displayed on goods, or displayed on any
packet containing such good.
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If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed
in SCDRC
The case is filed in the city / state where the Opposite Party resides, has
registered office, branch, or works for gain. The case can also be filed in
the city / state where the cause of action has occurred.
exceed rupees twenty lakhs then the complaint can be filed before the
National Commission at New Delhi.
iv. If your have been charged a price in excess of the prices displayed or
fixed by or under any law or the time being in force.
1. Send a notice to the Opposite Party giving him time limit to settle
your grievance.
2. Prepare the consumer complaint in the required format (as also given
in this web-site)
6. Submit the complaint and court fee to the receiving clerk in the
consumer court who will give you the date for admission hearing and
complaint reference number number.
8. The court will send a notice with your complaint copy to the opposite
party seeking reply within 30 days, and asking him to attend the hearing.
10. The courts final order will be sent to all the parties by registered
post.
i. There is no fee for filing a complaint. Even an affidavit does not need
stamp papers. A complaint can be sent by post or presented in person by
the complainant or his authorized agent.
Contents of a Complaint
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ii. Name and complete address of the opposite party or parties as the
case may be.
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.
set rules to decide such time. It depends on the facts and circumstances
of each case.
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.
The notice may be prepared in the style given below, and sent by
registered acknowledgement-due post, courier, fax. The complainant
should retain the proof of posting.
Dated: dd-mm-yyyy
Gandhi Nagar
Mumbai 400602
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Dear Sir,
5) Give the details about your efforts to inform about this grievance in
the past to which the party has not responded.
7) Inform that the consumer complaint will be at his cost and expenses,
and you will seek compensation for the mental agony caused due to his
deficiency in services.
Yours truly,
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The complaint should be filed within 2 years from the date of cause of
action.
Appeals are require to be filed within 30 days from the date of receipt
of the court's order.
Reference:-
1. http://www.consumerlawindia.com/aboutact/kart4.html
2. http://www.dayafterindia.com/feb109/b8.html
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3. http://www.shvoong.com/law-and-politics/794663-deficiency-
service-consumer-law/
4. http://www.consumerlawindia.com/aboutact/kart4.html
5. http://www.dayafterindia.com/feb109/b8.html
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