Introduction
The Consumer Protection Act allows consumers to file complaints against traders or service providers for various wrongs. However, not every complaint can be accepted by the Consumer Commissions.
Certain complaints are rejected because they do not meet the legal requirements of the Act. Understanding these restrictions helps prevent misuse of consumer forums.
Meaning / Definition
A complaint cannot be entertained when it does not satisfy the conditions required under the Consumer Protection Act.
The law specifically prevents certain types of complaints, such as complaints filed on behalf of unidentified consumers, complaints filed by unregistered associations, complaints filed after the limitation period, and complaints that are frivolous or vexatious (unreasonable or intended to harass).
Modes or Types
Complaints on Behalf of the Public
A complaint cannot be filed on behalf of the general public when the consumers affected are not identifiable.
Consumer forums deal with specific disputes involving identifiable consumers. Therefore, general complaints made in the public interest without specific complainants are not allowed.
Complaints by Unregistered Associations
A consumer association must be registered under a law in force in India in order to file a complaint.
If an association is not registered, it cannot approach the Consumer Commission for relief.
Time-Barred Complaints
A complaint must normally be filed within two years from the date when the cause of action arises.
If the complaint is filed after this period, it will generally not be entertained unless the Commission is satisfied that there was a valid reason for the delay.
Frivolous and Vexatious Complaints
Some complaints may be filed without any genuine basis, simply to harass the opposite party or misuse the legal process.
Such complaints are known as frivolous or vexatious complaints. The Consumer Commission may dismiss them and may also impose costs on the complainant.
Important Case Law
Commissioner of Transport v. Y. R. Grover
The court held that an individual cannot file a complaint on behalf of the general public. A complaint must relate to identifiable consumers.
Consumer Education and Research Society v. Indian Airlines Corporation
A complaint was filed based on a newspaper report stating that passengers of a particular flight were delayed for 90 minutes. The Commission held that the complaint could not be entertained because no passenger personally filed or authorised the complaint.
Gulf Trivendrum Air Fare Forum v. Chairman and Managing Director, Air India
An association formed in the Gulf filed a complaint but it was not registered under any law in India. The Commission held that an unregistered association cannot file a complaint under the Act.
Distinction / Comparison
| Basis | Entertainable Complaint | Non-Entertainable Complaint |
|---|---|---|
| Identity of consumer | Specific and identifiable consumers | General complaint on behalf of public |
| Status of association | Registered consumer association | Unregistered association |
| Time limit | Filed within limitation period | Filed after limitation period without valid reason |
| Nature of complaint | Genuine grievance | Frivolous or vexatious complaint |
Practical Example
Suppose a person reads a newspaper article stating that passengers of a particular train faced inconvenience due to a delay. The person, who was not a passenger on the train, files a complaint on behalf of all passengers.
Since the passengers are not identifiable and none of them authorised the complaint, the Consumer Commission may refuse to entertain such a complaint.
Summary
- Not every complaint can be accepted by the Consumer Commissions.
- Complaints filed on behalf of unidentified members of the public are not allowed.
- Unregistered consumer associations cannot file complaints under the Act.
- Complaints must be filed within two years from the date when the cause of action arises.
- Frivolous or vexatious complaints may be dismissed and costs may be imposed on the complainant.