A consumer dispute refers to a legal conflict arising between a consumer and a service provider, seller, manufacturer, or trader, concerning deficiency in service, defect in goods, unfair trade practices, overcharging, misleading representations, or breach of contractual or statutory obligations. Such disputes are primarily governed by the Consumer Protection Act, 2019, which provides a comprehensive framework for the protection of consumer rights and redressal mechanisms through designated Consumer Commissions.
Within the contextual framework of the Bharatiya Nagarik Suraksha Sanhita, 2023, a consumer dispute, though civil in nature, may assume criminal dimensions where elements of fraud, cheating, criminal breach of trust, or misrepresentation are involved. In such circumstances, the procedural provisions of the BNSS may be invoked for the purposes of investigation, inquiry, and trial of offences arising out of such disputes.
The BNSS facilitates the following:
• Registration of complaints or First Information Reports (FIRs): Where the conduct of the opposite party constitutes a cognizable offence, such as cheating or fraudulent inducement.
• Investigation by police authorities: Including the collection and examination of documentary evidence such as invoices, agreements, warranties, and communications.
• Summoning of accused persons and witnesses: Ensuring procedural fairness and adherence to the principles of natural justice.
• Search, seizure, and attachment of property: Where necessary to secure evidence or prevent further harm to the consumer.
• Trial and adjudication by competent criminal courts: In cases where penal liability is prima facie established.
It is pertinent to note that the remedies available under the BNSS are supplementary in nature and do not substitute the specialized adjudicatory mechanism provided under consumer law. A consumer may simultaneously or independently pursue remedies before the appropriate Consumer Commission for reliefs such as compensation, replacement, refund, or damages, while also invoking criminal proceedings under the BNSS where the facts disclose the commission of a cognizable offence.
Thus, while a consumer dispute is fundamentally a matter of civil liability and enforcement of consumer rights, the Bharatiya Nagarik Suraksha Sanhita, 2023 plays a significant role in addressing the criminal facets of such disputes, thereby ensuring accountability, deterrence, and the protection of public interest.
