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Consumer Protection Act-1986

Consumer Protection Act-1986

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Published by Siddharth Shinde

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Published by: Siddharth Shinde on Apr 07, 2012
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Consumer Protection Act1986

Group Members
 Lalit Chawhan (68)

 Aditi Hebli (75)
 Jaya Kaku (80)  Pooja Parekh (99)  Hitesh Pednekar (104)  Siddharth Shinde (112)  Hardik Thakkar (118)

adulteration. public and co-operative sectors come under the purview of this Act. cheap and dynamic manner the grievance of the consumer in limited time.Need for Consumer Protection Act In an era. where consumer is the king. . unsatisfactory or deficient services and unfair trade practices. underweight. such as defective goods.  All suppliers of goods and services belonging to private.  This Act redresses in a simple.  This Act provides affective protection to the consumer from different types of exploitations.. excessive price.

Who is Consumer?  Who buys any goods for a consideration  Hires or avails of any services for a consideration  Uses the goods with the approval of the person who has bought the goods for consideration  Is beneficiary of the services .

• Right to safety. • Right to seek redressal • Right to Choose • Right to be Informed . • Right to be heard. • Right to consumer education.

Who is Person?  A Firm whether registered or not  A Hindu Undivided Family  A Co-operative society .

Who is not Consumer?  He who buys for resale or for commercial purpose  Buys goods without consideration  Uses goods without the approval of the person who has bought the goods for consideration  Obtains services under a contract of personal service .

Unfair Trade Practice Making statements  Falsely representing goods of particular standard  Old goods as new goods  Goods and services have sponsorship.approval  False guarantee is given  Materially misleading the public about the price of the product .



When a consumer can file a complaint?  Unfair trade practices  Restrictive trade practices  Defect  Deficiency  Excessive price  Hazardous goods .

or has a branch office or personally works for gain.Procedure to file a complaint  A complaint can be filed in a District Forum or as per pecuniary jurisdiction in another forum within local limits of whose jurisdiction the opposite party or any of the opposite parties resides or carries on business. .

.Limitation period  A complaint can be filed within two years from the date on which the cause of action has arisen.

Why consumers do not lodge a complaint  More number of cases pending  Consumers mentality  Consumer feel shy persuing his complaint  Unduly long time involved in court process .

1827  The Indian Penal Code Act. 1927  The Dangerous Drugs Act. 1954  The Monopolies and Restrictive Trade Practices Act.Various laws to protect CONSUMERS  The Indian Contract Act. 1979 . 1940  The Essential Commodities Act. 1950  The Prevention of Food Adulteration Act. 1972  The Standards of Weight and Measures Act. 1860  The Sale of Goods Act. 1969  The Hire-Purchase Act.

Consumer Responsibilities  To provide adequate information about his needs and       expectations to the seller. . price etc. The consumer must try to get full information on quality. To file complaint against genuine grievances While purchasing. To be cautions against false and misleading advertisement. To insist on cash memo or receipt. To exercise his legal rights. Agmark etc. the consumers must look for standard quality certifications marks such as ISI. quantity.

Three tier system of redressal of consumer dispute  District Forum-not more than 20 lakhs  State Forum-20 lakhs to 1 crore  National Forum-above 20 lakhs .

State and National levels. .The consumer protection act provides for a three-tier consumer disputes redressal system encompassing the District.

The District Forum consists of the President.DISTRICT FORUM  The office of the district forum shall be at the Head Quarters of the respective district. trade or commerce. The pecuniary jurisdiction of the forum is less than 5 lakh rupees ie. who is nominated by the Government and who is or has been or qualified to be a District Judge and two other members (one is a lady member) of eminence in the field of education. value of goods of services and compensation if any claimed. . They hold office for a term of 5 years whichever is earlier and they are not eligible for reappointment.

10 lakhs. It also hears appeal against orders of district forum .STATE COMMISSION  The President of the State Commission is or had been a Judge of a High Court. integrity and standing with adequate knowledge or experience in Economic. Public affairs or administration. Commerce. Accountancy. One Member shall be a woman. There are two other Members who are person for ability. Law.  Complaint value of goods or services and compensation exceeds rupees five lakhs but does not exceed Rs. Industry.

NATIONAL COMMISSION  The national commission shall consist of a person who is or who has been a judge of the supreme court . public affairs or administration. .appointed by the central government and two other member who shall be person of ability. accounting. law. integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with problem relating to economics. one of whom shall be a woman.  A complaint where the value of the goods or services and the compensation is more than 10 Lakh dealt with. industry. commerce.

the rights of consumers in India can be listed as under:-ACT1986 * The right to be protected from all types of hazardous goods and services * The right to be fully informed about the performance and quality of all goods and services * The right to free choice of goods and services * The right to be heard in all decision-making processes related to consumer interests * The right to seek redressal. In general. whenever consumer rights have been infringed * The right to complete consumer education .

Complainant is a customer of Reliance for using land phone for internet connection.  RESULT: The court ordered Reliance to pay the complaintant Rs 5000 as compensation & Rs 500 as cost of proceedings.1755. The complainant was supposed to pay Rs. Out going service was cancelled on 6th March 2008. . he asked for re-connection and refund of the extra money.  Complaint : Disconnection of telephone service.I Venkitesh. As the thresh-hold was not crossed.C. The company refused to refund & instead asked for Rs 793 more as internet & mobile connection charges.64 to activate the outgoing calls & the credit limit was 1300. Later on it was mentioned by the company that the actual amount to be paid was Rs 1129.CONSUMER PROTECTION ACT CASE .D v/s Reliance Communications Ltd.

Complainant purchased Vaseline Intensive Care Aloe Fresh Summer Body Lotion measuring 300 ml for Rs 75. Actually HUL sold all over its market. Reason: HUL doesn’t sells expired products and it was an equal fault of the retailer and the complainant.Prakash Bhat v/s The Managing Director. Complainant noticed the date mentioned on the face of the product as date expired. but instead he directed him to the dealer. the complaint was against HUL & not the dealer and therefore. RESULT: The complaint was dismissed. Moreover. HINDUSTAN UNILEVER LIMITED: Vaseline Intensive Care Summer Body Lotion. Vaseline Products which were expired.II     B.CONSUMER ACT PROTECTION CASE . who ignored him. no actions were taken against the dealer . He went to the retailer. as both should have checked the date. Hindustan Unilever Limited.



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