Can a Foreigner or a Foreign Citizen file a Consumer Complaint in India?

 

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.