CONSUMER PROTECTION ACT,1986

1.Definition of consumer under the Act:-

A person who buys any goods or service for a consideration, which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment is a consumer .

NOTE:- A person who obtains such goods for resale or for any commercial purposes will not
be a consumer. However, if such goods are bought by a person exclusively for the purpose of
earning his livelihood by means of self-employment then such a person will be considered as a
consumer.

2. When the complaints can be made?

A complaint may be made in writing under the following circumstances:

 2.1 The article purchased by a consumer is defective.

2.2 If the services availed of by a consumer suffer from any deficiency.
2.3 When the price paid by a consumer is in excess of the price displayed on the goods or when
the price is in excess of the price fixed under any law in force.
2.4 Goods, which will be hazardous to life and safety, when used, are being offered for sale to
the public in contravention of the provisions of any law.

3. Who can make complaint?

a. A consumer as defined under Consumer Protection Act, 1986.

b. A registered Voluntary Consumer Association.
c. Central Government.
d. State Government / Union Territory.
e. One or more consumers representing numerous consumers having the same interest.

4. What is District Consumer Protection Council?

District Consumer Protection Council is the council constituted under Consumer Protection Act,
1986 for each district. District Collector acts as its Chairman, District Supply and Consumer
Protection Officer as Member-Secretary, and all the M.P.s, M.L.A.s and officials of all
Government Departments having Consumer interface of the Concerned District are members
along with the VCOs functioning in the District. This Council shall meet twice in a year as per
Consumer Protection Act, 1986.
5. Where complaints can be registered?

District Consumer Protection Council Action will be initiated legally through the
Department concerned on the petitions
regarding the defects filed before this Council
which function under the chairmanship of the
District Collector

Price of the commodity or value of the services and value of compensation claimed

District Consumer Forum for a claim of Compensation up to Rs.20 lakhs

for a claim of Compensation above Rs.20 lakhs

State Commission
and up to Rs.1 crore

National Commission for a claim of Compensation above Rs.1 crore

6. How to register the complaints?

6.1 Complaint can be registered within 2 years from the date on which the cause of action has
arisen.
6.2 Stamp paper is not required for declaration.
6.3 Complaint can be registered, in person, by the complainant or through his authorized agent or
by post addressed to the Redressal Agency.
6.4 Lawyers are not necessary.
7. What are the particulars that should be furnished along with the
complaint?

The complaint should contain the following particulars: 

a. The name and complete address of the complainant.

b. The name and complete address of the opposite party/parties.
c. Date of purchase of goods or services availed.
d. Amount paid for the above purpose.
e. Particulars of goods purchased with numbers or details of services availed.
f. The details of complaint, whether it is against Unfair Trade Practice / supply of defective
goods / deficiency in service provided / collection of excess price, should explicitly be
mentioned in the complaint petition.
g. Bills / receipts and copies of connected correspondence, if any.
h. The relief sought for under this Act.

8. What are the reliefs provided under the Act?

The District Forum / State Commission can order the following reliefs:-

a. To remove the defects in the goods pointed out.

b. To replace the goods.
c. To return to the complainant the price of the goods
d. To pay such amount of compensation for the loss or injury suffered by the consumer.
e. To remove the defects or deficiency in the services
f. To discontinue the unfair trade practice or not to repeat it
g. To withdraw the hazardous goods from being offered for sale
h. To provide the cost of expenditure incurred by the complainant

9. What is the appeal provision?

 a. Aggrieved by the orders issued by the District Consumer Redressal Forum, appeal
petition may be filed before State Consumer Dispute Redressal Commission within 30
days from the date of receipt of orders.
b. Aggrieved by the orders issued by the State Consumer Dispute Redressal Commission,
appeal petition may be filed before National Consumer Dispute Redressal Commission
within 30 days from the date of receipt of orders.
c. Aggrieved by the orders issued by the National Consumer Dispute Redressal
Commission, appeal petition may be filed before Supreme Court of India within 30 days
from the date of receipt of orders
d. No fee is charged for registering an appeal petition before State / National Consumer
Dispute Redressal Commissions.
e. The appeal petition has to be filed with the grounds for appeal with copies of orders of
the lower Redressal agencies and registering procedures are same as is being done in the
case of registering complaint.

10.What are the Rights of Consumers as stipulated under Consumer

Protection Act 1986?

Consumer is having the rights as indicated below: 

1. Right to Safety.
2. Right to be Informed.
3. Right to Choose.
4. Right to be heard.
5. Right to seek Redressal.
6. Right to Consumer Education.