INTRODUCTION
Today, I will discuss whether a foreign national or
a foreigner or a citizen of a country other than India, can prefer a Consumer
Complaint in India or not.
Suppose a foreigner buys a Cold Drink at New Delhi
and it turns out that such Cold Drink has an insect inside it. Can the
foreigner sue the Indian Entity that manufactures such Cold Drink on the ground
that the Cold Drink bought by him was not fit for human consumption and is
deficient in quality?
In order to understand answer to these questions,
let us first understand the scheme of the consumer laws in India.
RELEVANT LEGAL PROVISIONS
Earlier, the legislation occupying the field in
this regard was the Consumer Protection Act, 1986. However, after 2019, the
Parliament has enacted the Consumer Protection Act, 2019. Though there are many
differences between the two legislations. However, for the purposes of
answering our query in relation to maintainability of a consumer complaint by a
foreigner, there seems to be absolutely no difference between the two. Thus,
let us peruse the relevant provisions of the Consumer Protection Act, 2019.
a. The objective of the Consumer Protection Act,
2019, is “to provide for protection of the interests of consumers and for
the said purpose, to establish authorities for timely and effective
administration and settlement of consumers' disputes...”
b. S. 1 (2) of the Consumer Protection Act, 2019, provides
that “it extends to the whole of India except the State of Jammu and
Kashmir.” Thus, it has pan-India applicability except J&K.
c. S. 1 (4) provides that “this Act shall
apply to all goods and services.” Thus, the focus of the legislation is
to get applied on all goods and services that fall within its jurisdiction.
d. S. 2 (5) (i) provides that “complainant
means a consumer” and the Chapeau of S. 2 (7) states that “consumer
means any person.” A conjoint reading of both these provisions entails
that a complainant could be any person that in terms of S. 2 (7) buys, hires or
avails of any services or goods for a consideration. The only bar in these
provisions is that such hiring or buying or availing of goods or services must
not be for commercial purposes. It is also important to understand that S. 2
(7) uses the term “any person” that may include both natural as well as juristic
persons such as companies or firms. No express bar or distinction in this
regard has been made in the Act.
e. S. 34 (2) provides that a Complaint can be instituted
in a District Commission within whose jurisdiction the opposite party resides
or carries on its business or where the cause of action has arisen or where the
complainant resides or works. Hence, if a foreigner has to institute a
complaint, he must satisfy the mandate of S. 34 (2). It is pertinent to note
that the type of commission before whom the consumer complaint could be
instituted would also depend upon their respective pecuniary jurisdiction.
Thus, the above-stated conspectus of laws makes it
clear that the Consumer Protection Act, 2019, makes no distinction between an
Indian Citizen and a Foreign Citizen so far as the ambit of ‘consumer’ is
concerned. Nevertheless, it is also conceded that such an interpretation of the
provisions of the Consumer Protection Act, 2019, is not expressly manifest
rather the same is by way of necessary implication. When a legislation does not
expressly bar a person within its ambit, then it would, by way of necessary
implication, mean that such a person is included within its ambit. Had there been
any other intention of the legislature, the same would have been manifest in
the wordings of the concerned legislation.
RELEVANT CASE-LAW
In order to fortify this observation, the case of Jayanta
Dasgupta v. Binata Debnath and Another, 2009 SCC OnLine NCDRC 55, would
be apposite for perusal. In this case, the Complainant was a British Citizen
and despite existence of this fact, the National Consumer Disputes Redressal
Commission i.e., the Apex Body for deciding consumer disputes, entertained the Consumer
Complaint and awarded in favour of the Complainant who was a British Citizen. Though
this case-law does not deal with the locus of a foreigner to institute consumer
complaints in express terms, yet the very fact that such Complaint was allowed
to be entertained goes on to show that the National Consumer Disputes Redressal
Commission did not think it necessary to have gone into such question.
CONCLUSION
Therefore, in light of the above-stated reasoning and case-law, it is my humble opinion that there is per se no bar on foreigners or foreign citizens or even foreign bodies to institute Consumer Complaints in India provided that the procedure and formalities as stipulated under the Consumer Protection Act, 2019, are complied with in letter and spirit.
No comments:
Post a Comment