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By Akash Saxena

CONSUMER PROTECTION ACT

By Akash Saxena

CONSUMER PROTECTION ACT, 1986
INTRODUCTION:
In India with industrialization and economic development, the population of consumers and the volume of consumption of goods and services increased. The United Nations organized a session on the need for the protection of consumers. The govt of India also realized that consumers need to be protected by the Consumer Protection Act, 1986. The act extends to the whole of India except the state of Jammu and Kashmir.

By Akash Saxena

OBJECTS OF THE ACT :
1. 2.

3. 4. 5.

To provide better protection of the interest of consumers . It provides an effective protection to consumers against UTP and unsatisfactory supply of goods and services. To save consumers from exploitation. To provide correct information regarding the product. The act provides consumer councils and authorities for settlement of consumer¶s disputes.

By Akash Saxena

RIGHTS OF THE CONSUMER UNDER THE ACT 

RIGHT TO SAFETY: The goods bought or services used should not be hazardous to health or life of the consumers. The products available in the market should not bring any physical danger to them. The consumers should be protected against marketing of goods and services which are hazardous to life. RIGHT TO BE INFORMED: The consumer should be informed about the quality, quantity, purity, standard and price of goods and services so as to protect the consumers against fraudulent, misleading information etc. 

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COND. 

RIGHT TO BE HEARD: Consumer should be assured that their interest will receive sympathetic consideration in the formulation of govt policy at appropriate forums. RIGHT TO CHOOSE: Consumers should be assured where ever possible to access to a variety of products and services at competitive prices and even in competitive market consumer should have an assurance of satisfactory quality services at fair prices. RIGHT TO CONSUMER EDUCATION: Consumers should be get aware by publishing material and magazines for the benefit of consumers such as magazine like ³UPBHOKTA JAGRAN and advertisement like ³Jago Grahak Jago.´  

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COND. 

RIGHT TO REDRESSAL:
The right ensures compensation to consumers for the loss suffered by them or injury caused by them to seller. It helps them to prevent from exploitation. 

CONSUMER PROTECTION COUNCILS:
The above said objects are sought to be promoted and protected by the consumer protection councils established at the central, state and district levels.

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JUDICIARY MACHINERY FOR REDRESSAL OF CONSUMER DISPUTES:
The following consumer disputes redressal agencies are envisaged:
1.

District Forums at District Level, State Commissions at State Level, National Commission at Central or National level.

2.

3.

By Akash Saxena

MEANING OF SOME IMPORTANT TERMS: 

a)

CONSUMER
According to act consumer means any person who Buys any goods for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment when such use is made with the approval of such person but does not include a person who obtains such for resale. Hires or avails any services for consideration which has been paid or promised or partly paid or promised.

b) 

GOODS:
Goods means every kind of moveable property other than money and includes stocks and shares, growing crops, grass and things attached to or forming a part of land.

By Akash Saxena

COND. 

SERVICES:
Service means service of any description which is available to potential users and includes the provision of facilities like banking, financing, insurance, transport, processing, supply of electrical or other energy, housing construction, entertainment etc but not include any service free of charge. 

a) b)

COMPLAINTANT:
It means: A consumer; or Any voluntary consumer association registered under Companies Act 1956; or The central govt or any state govt; or One or more consumers in case of death his legal heir or representative who makes complaint.

c) d)

By Akash Saxena

COND. 

COMPLAINT:
It means any allegation in writing made by a complainant with a view to obtaining any relief under the act. 

RTP:
RTP means a trade practice which tends to be bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating 

UTP:
It means any practice which tends to be unfair and restricted to be followed.

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COND. 

Defect:
It means any fault, imperfection, shortcoming in the quality, quantity, purity or standard which is required to be maintained under any law. 

Deficiency:
It is defined to mean any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained under any law. 

a) b) c)

Person:
It includes: A firm whether registered or not; A Hindu Undivided Family; A cooperative Society;

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COND.
a)

Every other association of persons whether registered under the act or not. 

Consumer Dispute:
It means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. 

a) b) c) d)

Manner of Making a Complaint:
A complaint can be made by any complainant in relation to any goods. Complaint shall be filed along with fees as prescribed. Admissibility of the complaint shall be decided within 20 days. A complaint may be proceeded or rejected.

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COND. 

1. 2.

Procedure on Admission of Complaint:
If a complaint relates to any goods, a copy of the admitted complaint should be given to opposite party within 21 days. If the opposite party denies or disputes the complaint or fails to omits to take any action within the given time i.e. 30 days then complaint shall be proceeded further. If the defect in goods needs analysis or testing a sample of the goods shall be sent to lab for a report within 45 days. The fees for the laboratory shall be payable by the complainant. The report of the laboratory test is given to the opposite party. If any of the parties disputes the correctness of the report the objections shall be made in writing. If the complaint relates to any services or in respect of goods where lab test is not required then a copy of the complaint is referred to the opposite party within 30 days.

3. 4. 5. 6.

7.

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COND.    

If the opposite party does not file any reply then the complaint shall be decided exparte. If the opposite party denies or disputes the allegations made in complaint, the matter will be decided on the basis of evidence. Every complaint shall be heard and shall be made to decided within 3 months when does not require analysis or testing. when it requires analysis and testing by any laboratory then it shall be decided within 5 months.

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COND.  

FINDINGS:
The following orders can be made by the consumer dispute redressal agency or can arrive to any of these findings: To remove the defect pointed out by the appropriate laboratory from the goods in question; To place the goods with new goods of similar description which shall be free from any defect. To return to the complainant the price or ad the case may be, the charges paid by the complainant; To pay compensation.

1.

2.

3.

4.

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COND.
1. 2. 3. 4. 5.

6. 7.

To remove the defects in goods or deficiencies in services. To discontinue the UTP or RTP or not to repeat them Not to offer hazardous goods for sale To cease manufacture of hazardous in nature. To pay the sum in case of injury has sufferd by a large number of consumer. To issue corrective advertisement. To provide adequate cost to parties.

By Akash Saxena

CONCLUSION:   

The law relating to consumer protection will present the legal principles for safeguarding the interests of the consumer. A consumer needs to be protected from UTP Or RTP practices followed by the traders and manufacturers for the purpose of promoting sale. To save the consumer from exploitation.