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  • The Consumer Protection Act

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    The Consumer Protection Act outlines the rights of consumers in India. It defines a consumer as a person who buys goods or services for personal use at a price. The Act covers all goods and services provided by both public and private sectors. It establishes three levels of consumer courts - district, state, and national - to hear consumer complaints based on the monetary value of the claim. Complaints must be filed within two years of the issue and include specifics of the complaint in writing along with supporting documents. Remedies available through the courts include replacements, refunds, compensation, and prohibiting hazardous goods. Non-compliance or frivolous complaints can result in fines or imprisonment.

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    The Consumer Protection Act outlines the rights of consumers in India. It defines a consumer as a person who buys goods or services for personal use at a price. The Act covers all goods and services provided by both public and private sectors. It establishes three levels of consumer courts - district, state, and national - to hear consumer complaints based on the monetary value of the claim. Complaints must be filed within two years of the issue and include specifics of the complaint in writing along with supporting documents. Remedies available through the courts include replacements, refunds, compensation, and prohibiting hazardous goods. Non-compliance or frivolous complaints can result in fines or imprisonment.

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    14 views4 pages

    The Consumer Protection Act

    Uploaded by

    cool_ishh
    The Consumer Protection Act outlines the rights of consumers in India. It defines a consumer as a person who buys goods or services for personal use at a price. The Act covers all goods and services provided by both public and private sectors. It establishes three levels of consumer courts - district, state, and national - to hear consumer complaints based on the monetary value of the claim. Complaints must be filed within two years of the issue and include specifics of the complaint in writing along with supporting documents. Remedies available through the courts include replacements, refunds, compensation, and prohibiting hazardous goods. Non-compliance or frivolous complaints can result in fines or imprisonment.

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    The Consumer Protection Act,1986 (known also as COPRA)

    The consumer Protection (Amendment) Act 2002 implemented w.e.f. 15th March 2003 the worlds Consumer Rights Day. Total Sections: 29 Who is a Consumer? A person who buys goods or hires services for consideration (i.e. for a price). For his /her use (and not for sales). Any user of such goods and services, with permission of buyer, is also a consumer. Coverage:-All goods & services including banking, insurance, transport, processing, electricity,physians etc. in private, public and co-operative sector. All banking services are covered due to their being essential services .

    Who can file a complaint? A consumer individually or jointly, any voluntary consumer organization, Central or State Govt.

    Limitation Period Within two years from the date of cause of action.

    Pecuniary (Financial) Jurisdiction Three Authorities Dist.Forum (Powers of Dist. Judge) Upto 20 lacs President & 2 members. State Commission (Power of High Court Judge) Upto 100 lacs President & 2 other members. (3) National Commission (Powers of Supreme Court Judge) Above Rs.100 lacs President & 4 other member. Time Limit For Disposal Admissibility of Complaint Within -21- days of the date of receipt. B. Decision on Complaint - Within -3- months.

    Requirements to File A Complaint Written complaint in duplicate with name & address of complainant & opposite party. (2) Facts of Complaint.
    3.

    Supporting Document/s & relief sought.

    Other Provisions

    No court fee charged. Consumer or anyone can represent his case. Engaging a lawyer is not compulsory. Consumer to obtain proper receipts / cash memo & guarantee /warranty card Duly stamped & signed.

    Reliefs: Includes

    Removal of defects from goods. Replacement of new goods. Refund of price / charges. Award of compensation for loss or injury suffered. Providing for adequate costs. Prohibition of sale of goods of hazardous nature.

    Penalties For Frivolous complaint or for non-compliance of orders

    Imprisonment for not less than one month & upto three years OR fine not less than Rs.2000 and upto Rs.10000/OR Both.

    Appeals :- Period:- Within -30-days from date of order

    With State Commission To deposit 50% of amount awarded or Rs. 25000 whichever is less. (2) With National Commission 50% of award or Rs.35000/- whichever is less. (3) With Supreme Court (Order of National Commission ) 50% of award or Rs. 50000/- whichever is less.

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