The Consumer Protection Act,1986

Presented By: Mayank Garg

INTRODUCTION
• The enactment of CPA,1986 by parliament was a milestone in the history of consumer protection movement in India. • The special feature of this act is to provide speedy and inexpensive redressal grievances of the consumer and to provide him specific relief or award of compensation wherever appropriate. • It recognizes six of the eight rights of the consumer as provided in the UN charter.

.WHO IS A CONSUMER ? A. Any person who buys goods or avails services for consideration Any body who uses the goods or services with the consent of the consumer B.

Cont. 4 . However any person who buys goods for commercial use but exclusively for his livelihood by means of self employment is a consumer. C... Legal heir of consumer in case death of consumer D.

Right to be heard. Right to information . Right to safety. Right to seek redressal. Right to choose.OBJECTIVES OF CPA • • • • • • Right to consumer education.

 District. .CONSUMER PROTECTION COUNCILS • Consumer protection councils are at three levels: Central  State and.

.ESTABILISHMENT OF CENTRAL CONSUMER PROTECTION COUNSILS • Section 4 of the act provides that the central government shall by notification establish a council to be known as the central consumer protection council which shall consist of the following members:a) the minister in charge of consumer affairs who shall be its chairmen. b) such member of other official or nonofficial members representing such interests as may be prescribed.

. d) Right to protection against marketing of hazardous goods.OBJECTIVES OF CENTRAL COUNCIL • SEC. b) Right to be heard.6 states the objects of the central council as being promotion and protection of the rights of the consumer these rights are:a) Right to information. c) Right to be seek redressal.

f)Right to consumer education.CONT… e)Right to be assured. . access to a variety of goods at competitive prices. wherever possible.

• SECTION10(1) provides that each district forum shall consist of:a) A person who is or who has been or is qualified to be. a district judge who shall be its president .e. deciding the consumer complaint.DISTRICT FORUM • District Consumer Disputes Redressal Forum commonly known as district forum is the lowest authority having only original jurisdiction i.

Have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. one of whom shall be a women. who shall have the following qualification namely: I. Be not less then 35 years age. Posses a bachelors degree from a recognized university. public affairs of administration. accountancy. industry.CONT… b) Two other members. III. integrity and standing and IV. II. law. . Be a person of ability. commerce.

11 provides for the jurisdiction of the district forum under two criteria :I.JURISDICTION OF DISTRICT FORUM • SEC. II.. Territorial limits . Pecuniary limits.

STATE COMISSION • SEC.(in consultation with the chief justice of the high court ) who shall be its president. b) Not less then two and not more then such numbers of members.16(1) provides that each state commission shall consist of:a) A person who is or has been a judge of a high court appointed by state gov. as may be prescribed one of who shall be a women who shall have the following qualification:- .

law.CONT… a) Be not less than 35 years of age b) Possess a bachelor’s degree from a recognised university c) Be persons of ability. accountancy. commerce. and standing and. integrity. public affairs of administration . d) have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. industry.

which is pending before or has been decided by any district forum within the state. and c) To call for the records and pass appropriate orders in any consumer dispute. b) Appeals against the orders of any District Forum within the state .17 of the act provides that the state commission shall have jurisdiction to entertain: a) Complaints where the value of the goods and services.JURISDICTION OF STATE COMMISSION • SEC. .

b) Not less than 4 and not more then such number of members. may be prescribed and one of whom shall be a women who shall have the following qualifications namely: .NATIONAL COMMISSION • SEC.20(1) provides that national commission should consist of :a) A person who is or has been a judge of the supreme court. to be appointed by the central government (in consultation with the chief justice of India) who shall be its president.

and standing and.CONT… a) Be not less than 35 years of age b) Possess a bachelor’s degree from a recognised university c) Be persons of ability. industry. integrity. public affairs of administration . law. accountancy. d) have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. commerce.

REQUISTIES OF A COMPLAINT • Who can file a complaint • Where to file a complaint • How to file a complaint • What constitutes a complaint? • Procedure for filing the appeal .

ESSENTIAL INFORMATION IN THE APPLICATION • Name and full address of complainant • Name and full address of opposite party • Description of goods and services • Quality and quantity • Price • Date & proof of purchase • Nature of deception • Type of redressal prayed for .

FILING OF COMPLAINTS A complaint may be filed by a) The consumer to whom the goods are sold or services are provided b) Any recognised consumer association c) One or more consumers with same interest d) The central government or state government 20 .

5 Lakhs and above but less than Rs. 100 Rs. 400 4) Rs.FILING OF COMPLAINTS The Fee for filing the Complaint for the district forum is as under Value of Goods / Service and Compensation Up to Rs. 1) 2) 3) Amount of Fees Rs. . 1 Lakh and above but less than Rs. No.5 lakhs Rs.600 The fees shall be paid by Cross demand Draft drawn on a nationalized bank or through crossed Indian postal order drawn in favour of the Registrar of the Sate Commission and payable at the place of the State Commission. 10 lakhs Sr. 1 lakh rupees Rs. 20 lakhs Rs. 200 Rs. 10 lakhs and above but less than Rs.

CONSUMERS NEED PROTECTION AGAINST •Unfair trade practice •Restrictive trade practice •Defects •Deficiencies .

g. .CONSUMERS NEED PROTECTION AGAINST UNFAIR TRADE PRACTICE Adopting unfair methods or deception to promote sale. approval or affiliation. Charging above MRP printed. Misleading public about price (e.g. Misleading public about another’s goods or services. bargain price when it is not so). Offering misleading warranty or guarantee. use or supply of goods or services e. Falsely claiming a sponsorship.

RESTRICTIVE TRADE PRACTICE . depriving consumers of free choice. Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services. market fixing territorially among competing suppliers. fair competition.CONSUMERS NEED PROTECTION AGAINST Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers. Supplying only to particular distributors or on condition of sale only within a territory. Delaying in supplying goods/services leading to rise in price. Collusive tendering.

imperfection. quantity. DEFICIENCY Any fault. potency. imperfection or shortcoming in the quality.CONSUMERS NEED PROTECTION AGAINST DEFECTS Any fault. . shortcoming or inadequacy in the quality. purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

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