CONSUMER PROTECTION ACT –1986

Introduction :

India is a vast country where the majority of consumers are poor.

Further, the market in India is generally sellers market. The seller
may cheat the consumers. That’s why the central government
enacted this Act for the protection of consumers. The consumers
may approach the consumer forum for speedy redressal for their
complaints.

OBJECTS OF THIS ACT.

1. Better protection of interest of consumers

2. Protection of rights of the consumers:
a) against the goods or services which are dangerous to life
and property.
b) Right to be informed about the quality, quantity, purity,
standard and price of the goods and services.
c) Right to be assured to a variety of goods at competitive
price.
d) Right to seek redressal against unfair trade practice.
e) Right to consumer education.
3. Establish Consumer Councils
4. Establish Quasi Judicial Machinery for speedy redressal of
consumer disputes
DEFINITIONS

Complainant Sec.2 (1) (b)

Complaint Sec.2 (1) (c)

Consumer Sec. 2 (1) (d)

Consumer Dispute Sec. 2 (1) (e)

Deficiency Sec.2(1) (g)

Unfair Trade Practice Sec. (2) (1) (r)

COMPLAINANT Sec.2 (1) (b):

A consumer, any voluntary consumer associations registered

under the companies Act 2013, the Central or State
Government.

They may give complaint to consumer forum.

COMPLAINT Sec.2 (1) (c) :

Any allegation in writing made by the complainant with a

view to obtaining relief. The allegation must be
deficiency of service, unfair trade practice, defects in
goods.
CONSUMER Sec 2 (1) (d):

Consumer means any person who buys the

goods for a price. The payment may be part or
full.

CONSUMER DISPUTE Sec. (e):

means one who made any complaint for

damages suffer due to services of any person
or goods.

DIFICIENCY Sec.2(1) (g):

It means any fault, imperfection or inadequacy in
the quality, nature and manner of performance is
called deficiency.
Unfair Trade Practice Sec. (2) (1) (r)

A trade practice which, for the purpose of promoting

Sale, use or supply of any goods or for services adopts
any unfair method or practice is called unfair trade practice

Ø Falsely represent that goods or services are good quality

& standards.
Ø Falsely rep. old goods are new goods.
Ø Misleading the customers regarding goods or services
Ø Falsely gives any guarantee
ØMisleading the public regarding price.
Consumer Protection Councils
ØCentral Consumer Protection Councils

ØState Consumer Protection Councils

ØDistrict Consumer Protection Councils

Central Consumer Protection Councils

Establishment (sec. 4)
Members:
Chairman : Ministry of Consumer Affairs
Vice – Chairman : Dy. Minster in the Dept. of Civil
Supplies.
Minister of Food & Civil Supplies
8 members of Parliament(5 – Loksabha & 3– Rajya Saba)
Secretary in the dept. of Civil Supplies
The commissioner for Sc & St.
Rep. of the C.G.Dept. autonomous org. having consumer
Interest not exceeding 20 members.
Rep. from consumer org. not exceeding 35 members.
Rep. from women not less than 10 members.
Rep. from farmers, trade & industries not exceeding 20.
The term of the office is 3 years.

Objective of the council should protect the rights of

The consumers
The council will meet at least once in every year.
State Consumer Protection Council :
Establishment (Sec. 7)

Charmin : Ministry of Civil Supplies

Officials or non officials protecting consumer interest

prescribed by the state govt.

Officials or non officials not exceeding 10 nominated by

C.G.

The council will meet not less than 2 times in every years.
District Consumer Council ( Sec.8 (A):

Members :

Chairman : District Collector

Officials or non official members representing

Consumer interest nominated by the S.G.

The council will conduct 2 meetings every year.

Consumer Consumer Dispute Redressal AgenciesDispute Redressal Agencies

SUPREME COURT

NATIONAL
COMMISSION

STATE FORUM

DISTRICT FORUM
1. District Forum:
A Consumer Disputes Rederessal Forum known as the ‘District
Forum’ is established by the state government in each district of the
state[sec.2(h) & sec.9(a). The state government may, if it deems fit
establish more than one District Forum in a District.
2. State Commission:
A Consumer Disputes rederessal Commission known as the ‘State
commission’ is established by the state government in the state[sec.2(p)
& sec.9(b)

3. National Commission:
A National Consumer Disputes rederessal Commission known as the
‘National commission’ is established by the central government in the
state[sec.2(k) & sec.9(c).

District Forum (Sec 10-14)

Composition
President – Qualified to be District Judge.
Members – 2 (one is women)
Jurisdiction of the District Forum ( Sec-11)
ØPecuniary
ØTerritorial
ØTerm of the office is 5 yrs. Or 65 years
which ever is earlier.
COMPOSITION:SEC-10

i) President - qualified to be a District Judge

ii) Members - 2 members, One of the member shall be a woman. The
term of each member is 5 years or 65 years whichever is earlier.
They should have the following qualifications:
Ønot less than 35 years of age and
ØPossess a bachelor’s degree from a recognized university,
ØAdequate knowledge & experience at least 10 years in dealing with
problems relating to economic, law, commerce, accountancy, industry,
public affairs or administration. One of the members shall be a woman.

Jurisdiction of the District Forum: sec-11

Pecuniary: (refers to money) does not exceed 20 lakhs.
Territorial: (refers to area) Where the opposite party resides or doing
business or its branch office.
STATE COMISSION (Sec.16-19)
STATE COMISSION (Sec.16-19)

Constitution: President is the Judge from High Court and Two

members one of who is a women.

Term is 5 years or 67 years whichever is earlier

Jurisdiction ( Sec.17):
The jurisdiction of this court is :
* Above 20 lakhs
•Appeals against the orders of any D.C.F with in the state.
•May call for records and pass appropriate orders in any consumer
disputes pending before or passed by any DCF within the state. If
DCF exercised its duties beyond their jurisdiction this court
interfere and pass appropriate orders.

NATIONAL COMISSION (Sec.20)

NATIONAL COMISSION (Sec.20)

Constitution: President is the Judge from Supreme Court

and Four members one of who is a women.

Term is 5 years or 70 years which is earlier

Jurisdiction ( Sec.21): The jurisdiction of this court is :

The value exceed Rupees 1 crore, appeals from state
commission and call for records and pass appropriate
orders if the state commission exercised its rights beyond
its jurisdiction.