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CONSUMER PROTECTION ACT-1986 INTRODUCTION: INTRODUCTION Before the enactment of the consumer Protection Act,1986 a person aggrieved by the

defective goods or deficiency in service had to approach the ordinary civil court to get his grievances redressed The proceeding in the ordinary civil court is very complex , expensive and time consuming . In Order to give more protection to the interest of consumers of goods and service the parliament enacted the consumer Protection Act 1986. INTRODUCTION: INTRODUCTION The law relating to consumer protection is contained in the Consumer Protection Act , 1986. The Consumer Protection Act-1986 & enforced from 10 th June 1987 in India Aimed at providing simple, quick, and cheaper protection of consumers interest Aims of Consumer Protection Act 1986(Confer more protection and speedy remedy to consumers of goods and services): Aims of Consumer Protection Act 1986 (Confer more protection and speedy remedy to consumers of goods and services) Establishment of Consumer Disputes Redressal Forum (District forum) Establishment of Consumer Disputes Redressal commission (State commission) Establishment of National Consumer Disputes Redressal Commission (National commission) Establishment of a Central Consumer Protection Council for promoting and protecting the rights of the consumers . Who is a Consumer ?: Who is a Consumer ? Consumer of Goods A person who has purchased goods for a consideration .The consideration may be paid or promised to pay or partly paid or partly promised A person who has purchased goods under a system of deferred payment is also a consumer Consumer of Service A person who has hired or availed of any service for consideration .Consideration may be paid or promised

to pay or partly paid . A person who has hired or availed of any service under system of deferred payment. Objectives of the act : Better protection of interests of consumers. Protection of rights of consumers. Right to be protected against marketing of goods or services which are hazardous to life and property . To be informed about the quality, quantity, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices. The right to be assured, where ever possible, access to goods and services at competitive prices The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums The right to seek redresses against unfair trade practices or exploitation of consumers Scope of the Act : Scope of the Act Applies to whole India It is divided in 4 chapters & 31 sections Applies to all type of goods and services, public utilities & public sector undertakings All types of complains relating to goods ,unfair trade practice A suit pending in civil court cannot be heard in consumer court Who can file complaint: 1.The consumer to whom the goods are sold or delivered, or agreed to be sold are delivered , or the service has been provided, or agreed to be provided 2 .Any recognized consumer association , regardless of whether the consumer is a member of such association or not

3 . One or more consumer , where there are numerous consumer having the same interest with permission of the district forum on behalf of or for the benefit of all consumer so interested. 4 .The state or central govt . either its individual capacity or as a representative of the interest of the consumer in general.

CONSUMER DISPUTE REDRESSAL AGENCIES: U/Sec.9 Forum & commissions are formed for filing complain. District forum headed by District judge , jurisdiction- district . State Commission headed by Judge of High Court , jurisdiction- whole state. National Commission headed by Chief Justice Of India, jurisdiction- entire nation. WHERE TO FILE A COMPLAINT? : District Forum- If the cost of goods or services and compensation asked for is up to Rs. 20 lakh ,the district where the cause of action has arisen or where the opposite party resides. State Commission - If the cost of goods or services and compensation asked for is more than rupees 20 lakh , but less than rupees 1 Crore . National Commission at New Delhi. - If the cost of goods or services and compensation asked for exceed rupees 1 Crore PROCEDURE OF FILING COMPLAINT: 1. Notice to the Opposite Party. 2. Prepare the consumer complaint in the required format 3. Get the complaint affidavit notarized through a notary.

4. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number 5. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing. 6. The court will send a notice & complaint copy to the opposite party seeking reply within 30 days

7.Where complaint alleges a defect in the goods which cant be determined without proper analysis, the forum/commission send it to the laboratory to find out whether there is any defect in it or not? 8. The hearings will continue till the matter is decided. 9. The complaint should be decided within 90 days Appeals: Appeals Sec.27 - Appeal: District Forum State Commission State Commission National Commission National Commission Supreme Court TIME LIMITATION TO FILE COMPLAIN : Sec. 24A of the Act provides that a consumer dispute can be filed within 2 years from the date on which the cause of action arises. Appeals are require to be filed within 30 days from the date of receipt of the court's order HOW TO FILE A COMPLAINT?: Fee for Dist. Forum: Up to Rs. 1 lakh-Rs. 100 Above Rs. 1 lakh but less than 5 lakh-Rs. 200 Above Rs . 5 lakh but less than 10 lakh-Rs. 400

Above Rs. 10 lakh but less than 20 lakh-Rs. 500

Relief to Consumers: Relief to Consumers repair of defective goods. Replacement of defective goods Refund of price paid for defective good/services Removal of deficiency in service Refund of extra money charge Withdrawal of goods hazardous to life. Compensation for the loss due to negligence of opposite party. PENALTIES If trader fails to follow the order then he shall be punishable with min. 1 month up to 3yrs with fine of min. Rs.2000 up to Rs.10000 If frivolous complaint is filed then it shall be dismissed & complainant is penalized to pay the cost incurred by opposite party (not more than Rs.10000 ) COMPLAINT FORM In the complaint case no 112/10 . Before the Honble District Forum at Thane Name & address of complainant/complainant Mahesh Patil .... versus Name & address of opposite party/parties Ajinkya Dudhalkar .... I/we, the above named complainant/complainants respectfully state before the Honble Forum/Commission the complaint as follows: .. contensions .

It is therefore prayed:- (i) That opposite party be directed to refund the amount paid by the complainant to the tune of Rs 1,00,000

(ii) Complainant may please be compensated to the tune of Rs 1200 ..for the mental agony and harassment caused to him/her in the due course (iii) Cost of litigation may also be awarded suitably. Signature of Complainant Place:. Thane .. ....................................... Date: 12-4-10 .. (Name of Complainant) I Mahesh S/o Abhay patil ..aged 24 ..the above named complainant do hereby solemnly declare that the particulars stated above are true to the best of my knowledge and belief and nothing has been concealed therein. I further certify that annexure I,II and III appealed to the complaint are the true copies of original documents. Verified at Thane ..this day ... 12 th. Of.. Apl 2011 (a) Annexure I Signature of Complainant (b)Annexure II (c) Annexure III (Name of the complainant/Deponent) conclusion: Consumer protection act provide for better protection of the interest of consumer and for that purpose to make provision for the establishment of the consumer councils and other authorities for settlement on consumers disputes and for matters connected there with.