The Consumer Protection Act, 1986

Caveat emptor rule ( let the buyer beware) in

sale of goods act of 1930, sprout the root of
consumer interest protection.
United nations passed resolution of consumer
protection in April 1985
In India 1986 was the year of enactment of
consumer protection act
Aimed at providing simple, quick, and cheaper
protection of consumers interest
 The Consumer Protection Act, 1986
• Applicability

• Amendments

– Amendments in the year 1993

– Amendments in the year 2002

 Objects of the Act
• Better Protection of interests of consumers
• Protection of rights of consumers
• Consumer protection councils
• Quasi-Judicial machinery for speedy redressal
of consumer disputes
 Definitions
• Appropriate Laboratory
• Complaint
• Complainant
• Consumer
• Defect
• Deficiency
• Distinct Forum
• Goods
• National commission
• Unfair trade practice
 Consumer Rights
· Right to safety against hazardous goods and
services
· Right to be informed about quality, quantity, purity,
standard, price
· Right to choose from a variety at competitive
prices
· Right to be heard
· Right to seek redressal
· Right to consumer education
 Types of Consumer Redressal Machineries and Forums
1. Consumer Redressal Machineries and Forums under
COPRA
 Manner in which Complaint shall be made
a) By Whom
- A consumer
- Any Association
b) Prescribed Form
- Name and address of complainant
- Name and address of opposite party
- Description of facts of complaints
- Documentary evidence regarding complaint
- Relief expected as redressal of complaint
- Signature of the Complainant
 Types of Consumer Redressal Machineries and Forums
2. District forum – Composition
• Each District Forum shall consist of a President and two other
members. Out of these two members, one shall be a woman.
• The President is a person who is, or who has been, or is
qualified to be a District Judge. Out of two other members,
one of whom shall be a woman.
• The member shall be not less than thirty-five years of age,
possess a bachelor's degree from a recognised university, be
persons of ability, integrity and standing, and have adequate
knowledge and experience of at least ten years in dealing
with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration.
 Types of Consumer Redressal Machineries and Forums

 Jurisdiction
The District Forum shall have pecuniary jurisdiction
to entertain complaints where the value of the
goods or services and the compensation, if any,
claimed does not exceed rupees twenty lakhs.
Types of Consumer Redressal Machineries and Forums

3. State Commission
Except the qualification of the President, who
is, or has been, a Judge of a High Court,
remaining composition of St. Commission is
similar to that of District Forum, except that
the not more than fifty per cent of members
shall be from amongst persons having a
judicial background.
Types of Consumer Redressal Machineries and
Forums
 Jurisdiction
(i) To entertain complaints where the value of goods or
services and the compensation, if any, claimed
exceeds rupees twenty lakhs but does not exceed
rupees one Crore;
(ii) appeals against the orders of any District Forum
within the State;
(iii) besides the above powers, the State Commission
has revisional powers under Section 17 (b) of the Act.
 Types of Consumer Redressal Machineries
and Forums
4. National Commission
The NC shall consist of a President, who shall
be a person who is or has been a Judge of the
Supreme Court and four and members and
they shall have similar qualification, as have
been referred in respect of District Forum /
St. Commission.
Types of Consumer Redressal Machineries and
Forums

 Jurisdiction
• To entertain complaints where the value of
the goods or services and compensation, if
any, claimed exceeds 1 crore; and
• appeals against the orders of St. Commission;
 Procedures for Consumer greivances
redressal
1. Reference of sample to laboratory where the
complaint alleges a defect in the goods which
cannot be determined without proper analysis
or test of the goods.
2. Deposits of fees
3. Remission of fees to laboratory and forwarding
of report to opposite part.
4. Objections by any of the parties
5. Reasonable opportunity to parties of being
heard and issue of order.