Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
11Activity
0 of .
Results for:
No results containing your search query
P. 1
Consumer Protection Act, 1986 (India) -FAQ

Consumer Protection Act, 1986 (India) -FAQ

Ratings: (0)|Views: 1,420|Likes:
Published by tkunnil

More info:

Published by: tkunnil on Feb 22, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/17/2013

pdf

text

original

 
 1
CONSUMER PROTECTION ACT, 1986
- THOMAS KUNNIL MA LLB
The Consumer Protection Action [COPRA], which was enacted by the Parliament in 1986, received theassent of the President on 24 December 1986. The Consumer Protection Rules, 1987 were publishedin the Gazette of India on 15 April 1987. The Act has been amended three times
 –
first in 1991, secondin 1993 and the third on 17 December 2002.It aims at providing better protection of the interests of the consumers. The Act applies to all goods andservices unless expressly exempted by the Central Government by notification. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being inforce.
SALIENT FEATURES OF COPRA
1. What are the rights of the consumers that are being protected by the Act?
.The Act seeks to protect the following rights of the consumers:
 
The Right to Safety -
The right to be protected against marketing of goods and services,which are hazardous to life and property.
 
The Right to be Informed - The
right to be informed about the quality, quantity, potency,purity, standard and price of the goods or services so as to protect consumers againstunfair trade practice.
 
The Right to Choose -
The right to be assured access to a variety of goods and servicesat competitive prices.
 
The Right to be Heard -
The right to be heard and to be assured that consumers’ interests
will receive due consideration at appropriate authority.
 
The Right to Redress -
The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
 
The Right to Consumer Education -
The right to acquire the knowledge and skills to bean informed consumer.
2. Which are the bodies for the promotion and protection of the rights of the consumer?
The Act provides for establishment of Consumer Protection Councils at the District, State andCentral levels to promote and protect the rights of the consumers.(a)
The Central Consumer Protection Council
(known as Central Council) shall be establishedby the Central government. It consists of a Chairman, who is the Minister in charge of consumer affairs in the Central Government and such number of other official or non-officialmembers representing such interests as may be prescribed [Section 4].(b)
The State Consumer Protection Councils
(known as State Councils) shall be established bythe State Governments. The State Council consists of a Chairman, who is the Minister incharge of consumer affairs in the State Government and such number of other official or non-official members representing such interests as may be prescribed by the State Governmentand such number of other official or non-official members not exceeding ten, as may benominated by the Central Government [Section 7].
 
 2(c)
The District Consumer Protection Council
(known as the District Council) shall beestablished by the State Government for every district. It consists of a Chairman, who is theCollector of District and such number of other official or non-official members representing suchinterests as may be prescribed by the State Government [Section 8A].
3.
 
Who is a Consumer?
 
Consumer 
means [Section 2 (1)(d)
 
Buyer of any goods for a full or partly paid or partly promised on consideration or under anysystem of deferred payment.
 
User of such goods with the approval of the actual buyer.
 
Hirer of any services for a full or partly paid and partly promised on consideration or under any system of deferred payment.
 
Beneficiary of such services with the approval of such hirer.
 
 A person who obtains goods for resale hires or avails any service, or his beneficiary, for anyfor resale or commercial purpose, except exclusively for earning his livelihood by means of self-e
mployment is excluded from the definition of “Consumer”
 
4. What is meant by ‘Service’ under this Act?
 Service
means [Section 2(1)(o)](a)
 
Services of any description which is made available to potential users and includes,
but not limited to
, the provision of facilities in connection with banking, financing, insurance, transportprocessing, supply of electrical or other energy, board or lodging or both, housing, construction,entertainment, amusement or purveying of news or other information(b)
 
The following are excluded from the definition of service
 
 Any service which is availed free of cost
 
Service of personal nature (contact of service.
It denotes a master-servant relationship,
in which a servant can be hired or fired at the master’s will 
).
5. What are the grounds for making a Complaint?Complaint
[Section 2 (1)(c)] means any allegation in writing made by a complainant that(i)
 
 An unfair trade practice or restrictive trade practice has been adopted by any trader or service provider (ii)
 
The goods bought by him or agreed to be bought by him suffer from one or more defects(iii)
 
Services hired or availed of or agreed to be hired or availed of by him suffer fromdeficiencies in any respect.(iv)
 
a trader or service provider has charged for the goods or for services mentioned in thecomplaint a price in excess of the price fixed by or under any law for the time being in forceor displayed on the goods or any package containing such goods or displayed on the pricelist exhibited by him and agreed between the parties.(v)
 
Goods which will be hazardous to life and safety when used, are being offered for sale tothe public in contravention of the provisions of any standards relating to safety of suchgoods as required to be complied with, by or under any law for the time being in force or if 
 
 3the trader could have known with due diligence that the goods so offered are unsafe to thepublic.(vi)
 
Services which are hazardous or likely to be hazardous to life and safety of the publicwhen used, are being offered by the service provider which such person could have knownwith due diligence to be injurious to life and safety.
6. Who can file a Complaint?
 A complaint under the Act can be filed by [Section 2(1)(b)]
 
 A consumer or 
 
 Any recognised consumer association, whether the consumer is a member of suchassociation or not
 
One or more consumers, where there are numerous consumers having the same interestwith the permission of the District Forum
 
The Central Government or any State Government or 
 
In case of death of a consumer, his legal heir or representative.
7. Where to file a complaint?
The Act provides for a three-tier system for the settlement of consumer disputes:(a)
 
District Consumer Disputes Redressal Forum
(known as District Forum)(i)
 
Pecuniary Jurisdiction
:
Where the value of goods or services and the compensation,if any, claimed does not exceed Rs 20 lakhs [Section 11].(ii)
 
Composition
:
Its President shall be a person who is, has been, or is qualified to be aDistrict Judge appointed by State Government. Two other members, one of whomshall be a woman, who shall be not less than thirty-five years of age, possess a
bachelor’s degree from a recognised university and shall be persons of ability, integrity
and standing, and have adequate knowledge and experience of at least ten years indealing with problems relating to economic, law, commerce, accountancy, industry,public affairs or administration [Section 10].(iii)
 
Term of office
:
Every member of District Forum shall hold office for a term of fiveyears or up to the age of sixty-five years whichever is earlier. A member shall beeligible or reappointment for another terms of five years within the specified age limit[Section 10(2)].(b)
 
State Consumer Disputes Redressal Commission
(known as State Commission)(i)
 
Pecuniary Jurisdiction
:
Where the value of goods or services and the compensation,if any, claimed exceeds Rs 20 lakhs but does not exceed Rs 1 crore [Section 17].(ii)
 
Composition
:
Its President shall be a person who is or has been a Judge of HighCourt appointed by the State Government. Two other members, one of whom shall bea woman, who shall be not less than thirty-
five years of age, possess a bachelor’s
degree from a recognised university and shall be persons of ability, integrity andstanding, and have adequate knowledge and experience of at least ten years indealing with problems relating to economic, law, commerce, accountancy, industry,public affairs or administration [Section 16].

Activity (11)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Noel Anthony liked this
richasolanki liked this
msramachandra liked this
Hitesh Walia liked this
Man Raj liked this
umeshtitarmare10 liked this
Ajeet Patil liked this
Sampath liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->