GROUP MEMBER-

Annanya Banik
Ankita Ghosh
Anupurva Nandi
Anish Banerjee
Anushree Sharma
Anisha Joseph
Ankita Bose
Ankita Dutta
 INTRODUCTION

The Consumer Protection Act, 1986 (COPRA) was

an Act of the Parliament of India enacted in 1986 to
protect the interests of consumers in India. It was
replaced by the Consumer Protection Act, 2019. It was
made for the establishment of consumer councils and
other authorities for the settlement of consumer's
grievances and matters connected there with it. The act
was passed in Assembly in October 1986 and came into
force on December 24, 1986. The enactment on the
right was made before this COPRA act.
 OBJECTIVES

•The consumer protection Act, 1986, provides for the better protection of the
interests of the consumers.

•The act provides for the establishment of Consumer Councils to educate the
public and creation of authorities for the settlement of Consumer Disputes.

•The act is designed to provide a simple, speedy and inexpensive redressal to the
consumer’s grievances, award relief and compensation wherever appropriate to
the consumer.

•The act provides protect against the marketing of goods and services which are
hazardous to life and property .

•The act has been amended in 1993 both to extend its coverage and scope and to
enhance the powers of the redressal machinery.
 SCOPE AND COVERAGE OF
CONSUMER PROTECTION ACT, 1986

a) It extends to the whole of India except the state of Jammu

and Kashmir.
b) The Act applies to all goods and services unless specifically
exempted by the Central Government.
c) It covers all the sectors whether private, public, or
Corporative.
d) The provisions of the act are compensatory in nature.
e) The act anticipate establishment of Consumer Protection
Councils at the Central and State levels, whose main
objects will be to promote and protect the rights of the
consumers.
 WHO IS CONSUMER?

According to section [2] {1}(d) (ii) of the Act,

a“consumer”means a person who buys or agrees to buy and
good or service for a consideration Which has been paid or
promised or partly paid or partly promised or under any system
of deferred payment;
Section [2]{1}(0) of the act defines “service", of any description
which is made available to potential users.

“ Health Care Service” refers to the activity of providing medical

assistance for the Payment carried on by hospitals and the
members of the medical profession and such services are
obtained for consideration.
 RIGHTS ENJOYED BY CONSUMER
1.Right to safety i.e. to be protected against the marketing of goods and service
that is hazardous to life and property.

2. Right to be informed about the quality, quantity, purity, standard and price of
goods or services.

3. Right to choose wherever possible , access to a variety of goods and services

at competitive prices.
4. Right to be heard and to be assured that consumers' interests will receive due
consideration at appropriate forums.

5. Right to seek redressed against unfair trade practices unscrupulous

exploitation of consumers.

6. Right to consumer education.

7. Right to a clean and healthy environment.

 CONSUMER
COMPLAINT

Under the Consumer Protection Act, a “complaint” means any allegation in writing made
by a complainant in regard to-
1. Any unfair trade practice (like false representation of the goods, false offer or
bargain price , free gifts offer etc) as defined in the act.
2. One or more defects in goods
3. Sale of goods hazardous to life and safety in contravention of provisions of law.
4. Deficiencies in services-any fault, shortcomings , inadequacy , and imperfection in
the quality , nature or manner of performance
5. A trader charging excess of price.
(a) Fixed by any law for the time being in force , or
(b) Displayed on goods , or
(c) Displayed on any packet containing such goods.
(d) Agreed between the parties.
 CASE STUDY
Discovery rule for medical negligence.V.N.Shrikhande vs. Anita Sena
Fernandez Factual Background of the case. This consumer case is decided by
the Supreme Court of India on appeal from the orders of the National
Consumer Disputes Redressal Commission. The case involves the petitioner –
Anita Sena, who was a nurse by profession. She underwent a stone removal
surgery from her gall bladder but claimed that she continued to experience
pain. For nine years, she had a gauge left in her abdomen by the surgeon who
operated on her. This required a second surgery, and sufferance for many
years – therefore, charges for negligence and compensation of Rs.50 lakhs
was demanded by the petitioner. The Essential question before the court:
Whether a petitioner can still approach the court for a deficiency in service
after nine years and would it be barred by limitation? Principles applied by the
court: When can a court accept the consumer case – The court lists that the
matter must satisfy certain essentials. The petitioner should fall within the
definition of ‘consumer’ as defined in the act and there must be a ‘defect’ or
‘deficiency in service’, and the complaint should have been filed within the
prescribed period of limitation, only then it can direct that the complaint may
be proceeded with. The Discovery Rule of limitation – Limitation is a legal
concept that puts a restriction on one’s ability to approach the court after a
period of delay.
This has been introduced to keep a check on frivolous cases, and act as a
disincentive for people have not been mindful of enforcing their rights. It also
insulates defendants from defending very old claims. In medical cases, the court
states the regular limitation period under the act must not apply. It refers to an
American case, where a surgical sponge left behind in a patient’s body was
discovered after ten long and painful years. It held that where a foreign object
has negligently been left in the patient’s body, the limitation period will not begin
to run until the patient could have reasonably discovered the malpractice.
Application of these to the present case – Rejecting the case on limitation and
evidentiary grounds The Court while highlighting the Discovery Rule categorically
says that it is not applicable in the present case due to the below-mentioned
reasons. Since the petitioner was a nurse working in a hospital, it was reasonably
expected of her to have contacted the appellant and apprised him about her pain
and agony and sought his advice. Neither did the petitioner contact her operating
surgeon, nor any other doctor of the hospital she was employed in, in these nine
years. During the discovery of gauze in her abdomen, the operating surgeon
would have taken appropriate action for extracting the same without requiring
the respondent to pay for it. Any person of ordinary prudence, who may have
suffered pain and discomfort after surgery would have consulted the concerned
surgeon or any other competent doctor and sought his advice but the petitioner-
nurse did nothing except taking some pain killers. Thus, her long silence militates
against the claim for compensation and hence, the complaint was dismissed.
 Awareness for Consumers
• NATIONALCONSUMER HEALPLINE-
1800-11-4000
• Always insist on CASH MEMO
• Look for the BEST BEFORE or EXPIERY
DATE when buying food or medical
products.
• Always look for standard marks like
ISI, FPO, AGMARK etc.
• Do not pay more than MRP.
• Always fight for consumer right.
• In the consumer forum the
consumer is always strong.
CONSUMER PROTECTION COUNCIL
Consumer Protection Councils are at three levels:
• Central,
• State and
• District

The objectives of the council are :-

1. Promotion and protection of the rights of the consumer.
2. Consumer education
 Central Consumer Protection Council

The Central Consumer Protection Council is an advisory council

made under Section 3 of the Consumer Protection Act, 2019. It
has been provided that it shall meet as and when necessary, but
at least one meeting of the Council shall be held every year. Its
object is to render advice on promotion and protection of the
consumers’ rights under the Consumer Protection Act, 2019.
 The State Consumer Protection
Councils
(1) The State Government may, by notification, establish with
effect from such date as it may specify in such notification, a
Council to be known as the Consumer Protection Council for
(hereinafter referred to as the State Council).
(2) The State Council shall consist of the following members,
namely :-
(a) the Minister in-charge of consumer affairs in the State
Government who shall be its Chairman;
(b) such number of other official or non-official members
representing such interest as may be prescribed by the State
Government.
(3) The State Council shall meet as and when necessary but not
less than two meetings shall be held every year.
(4) The State Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in
regard to the transaction of its business as may be prescribed by
the State Government.
 CONSUMER DISPUTES REDRESSAL
AGENCIES
The Act provides for the constitution of
a three-tier consumer forum for the
settlement of consumer disputes at the
National level, State and District levels.
APPEAL
Appeals against.
District Forum- within 30 days –in
state commission
State Commission - Within 30 days –
National Commission.
National Commission-Within 30 days-
Supreme court.
There is no fee for filling appeals in
the state and National commissions.
 DISTRICT CONSUMER DISPUTES
REDRESSAL FORUMS
It is known as “District Forum” which generally deals with the
complaints involving costs and compensation less than worth
Rs. Twenty lakhs.
The ‘District Forum’ has three persons-
1. A ‘District Judge’ as the president.
2. Two persons, one of them should be a women who age should
not be less than thirty-five years and should possess a
bachelor’s degree and a recognized university and having
adequate knowledge and experience of at least ten years in
dealing with problems relating to economics, law, commerce,
accountancy, public affairs or administration.
 State Consumer Disputes Redressal
Commission
• The State Consumer Redressal Commission
(SCDRC) established by the State Government
concerned in the State is a state level Court for the
redressal of consumer’s disputes. It decides cases
exceeding rupees twenty lakhs but not exceeding
one crore.
• At present, there are 35 State Commissions in
India.
• A ‘State Commission’ shall consist of -
(a) a person who is or has been a Judge of a High
Court appointed by the State Government, who shall
be its President.
(b) two persons, one of whom shall be a woman and
not less than thirty-five years of age; possess a
bachelor’s degree from a recognised university and
having adequate knowledge and experience of at
least ten years in dealing with problems pertaining to
economics, law, commerce, accountancy and
administration.
 National Consumer Disputes Redressal Commission

• The National Consumer Dispute Redressal

Commission (NCDRC) is a quasi-judicial commission in
India. It decides cases exceeding rupees one crore. Its
head office is in New Delhi. The commission is
presently headed by Justice R K Agrawal, former judge
of the Supreme Court of India.
‘The National Commission shall consist of –
• (a) a person who is or has been a Judge of the Supreme
Court, to be appointed by the Central Government,
who shall be its President.
• (b) four persons ; one of whom shall be a woman and
not less than thirty-five years of age; possesses a
bachelor’s degree from a recognized university and
having adequate knowledge and experience of at least
ten years in dealing with problems relating to
economics, law, commerce, accountancy, industry,
public affairs or administration.
 CONCLUSION

The Act is for the protection of the interest and rights

of the consumers and this spirit has been reflected in
its provisions. The inclusion of e-commerce has
broadened the scope of the Act, making it easier for
the consumers to hold food aggregators liable for the
violation of their rights.