Download - THE CONSUMER PROTECTION ACT, 1986
S.2 (1) (d) : Any Person who
Buys any Goods Hires/Avails of any Service
For a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includes
Any User of such Goods, other than the person who buys the goods for
consideration paid / promised / partly paid / promised or under any system of
deferred payment, when such use is made with the approval of such person
Any Beneficiary of such Services, other than the person who hires / avails of the
services for consideration paid / promised / partly paid / promised or under
any system of deferred payment, when such services are availed with the approval
of such person
But does not include a person who obtains such goods for resale / commercial purpose
But does not include a person who avails of such services for commercial purpose
Person who buys goods or avails of services for consideration
Consideration maybe fully or partially paid, fully or partially promised to be paid
Legal heir of a consumer in case of death of a consumer is also a consumer
CONSUMER CONSUMER OF GOODS
CONSUMER OF SERVICES
RIGHTS
Against Hazardous
GoodsTo
Information About
Product
To Access Goods At
Competitive Price
To Be Heard
To Redressal
To Education
PROTECTION AGAINST
Unfair Trade Practice
Restrictive Trade
Practice
Defects
Deficiencies
Adopting unfair methods or deception to promote
sale, use or supply of goods or services.
Misleading public about price (e.g. bargain price
when it is not so)
Charging above MRP printed
Misleading public about another’s goods or services
Falsely claiming a sponsorship, approval or affiliation
Offering misleading warranty or guarantee
Price fixing or output restraint re: delivery/flow of supplies to
impose unjustified costs/restrictions on consumers
Collusive tendering; market fixing territorially among
competing suppliers, depriving consumers of free choice, fair
competition
Supplying only to particular distributors or on condition of
sale only within a territory
Delaying in supplying goods/services leading to rise in price
Requiring a consumer to buy/hire any goods or services as a
pre-condition for buying/hiring other goods or services
Which is required to be maintained by or under any law for
the time being in force OR under a contract, express/implied
or as is claimed by the trader in any manner whatsoever in
relation to any goods
DEFECT
FAULT
IMPERFECTION
SHORTCOMING
QUALITY
QUANTITY
POTENCY
PURITY
STANDARD
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
DEFIECIENCY
FAULT
IMPERFECTION
INADEQUACY
QUALITY
NATURE
MANNERSHORTCOMING
KINDS
Unfair/Restrictive Trade Practice adopted by trader/service provider
Goods bought/agreed to be bought suffer from one or more defects
Services hired/availed or agreed to be hired/availed suffer from deficiency
Price charged in excess of quoted price
Goods/services are hazardous/likely to be hazardous to life & safety when used
WHO CAN FILE
Consumer
Voluntary Consumer Association
Central or State Government
Consumers having common interest
Legal heir / representative in case of
death of consumer
Procedure for Filing Complaint:-Complaint must be accompanied by feeForm may be admitted or rejected within 21 daysOn Admission a copy shall be referred to opposite party within 21 daysOpposite party is given 30 days to give his version (An additional 15 days may be granted)Where testing is required, sample to be sent within 45 days with deposit of laboratory fees by complainantCopy is also forwarded to opposite party for information & replyForum gives both parties opportunity to be heardForum will pass necessary orders
Complaint Application Form should contain:-
Name & Full Address of Complainant Name & Full Address of Opposite Party Description of Goods or Services Quality & Quantity Price Date & Proof of Purchase Nature of Deception Type of Redressal Prayed for
Central Consumer Protection Council
• Central Government establishes Central Consumer Protection Council by notification.
• It consists of• a. Minister-in-charge of
consumer affairs in the Central Govt. as Chairman.
• b. Such other official/non-official members representing interest as may be prescribed.
• The Council shall consist of 150 members and the term of the council shall be 3 years.
• The Council meeting must be held as and when necessary but at least once every year
• The object of the Council is to promote and protect the rights of the members
State Consumer Protection Council
• State Government establishes the State Consumer Protection Council by notification.
• It consists of • a. Minister-in-charge of
consumer affairs in the State Government as Chairman.
• b. Such other official/non-official members representing interests as may be prescribed by the State Government.
• c. Such number of official and non-official members as may be prescribed by the Central Govt.
• The council meetings must be held as and when necessary but at least two meetings must be held every year.
District Protection Council
• State Government establishes for every district, a District Consumer Protection Council by notification.
• It consists of• a. The Collector of the district,
who shall be its chairman.• b. Such number of other
official and non-official members representing such interest as may be prescribed.
• The Council meetings must be held as and when necessary but at least two meetings must be held every year.
S.9 of the Act provides for the following agenciesNATIONAL COMMISSION
STATE COMMISSION
DISTRICT FORUM
Constitution of the Three Tier Redressal Agency
• District Judge (present or past) to be its President.
• Two other members of knowledge and experience, one of them being a woman.
• Office bearers to hold office for 5 years or upto 65 years whichever is earlier and shall be eligible for re-appointment .
• Any member can resign by giving notice.
• State Govt. may prescribe the salary or honorarium and terms and conditions of service.
District Forum
• Judge of High Court (present or past) to be its President.
• Two other members of knowledge and experience, one of them being a woman.
• Office bearers to hold office for 5years or upto 67 years whichever is earlier and shall be eligible for reappointment.
• Any member can resign by giving notice.
• State Govt. may prescribe the salary or honorarium and terms and conditions of service
State Commission
• Judge of Supreme Court (present or past) to be its President.
• Four other members of knowledge and experience, one of them being a woman.
• Office bearers to hold office for 5 years or upto 70 years whichever is earlier and shall be eligible for reappointment.
• Any member can resign by giving notice.
• Central Govt. can prescribe the salary or honorarium and terms nd conditions of service.
National Commission
DISTRICT FORUMValue of Goods/Services < Rs.20 lakhs
STATE COMMISSIONValue of Goods/Services > Rs.20 lakhs but < Rs.1 crore
NATIONAL COMMISSIONValue of Goods/Services > Rs.1 crore
COMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE
OF ACTION
Remedies Sec 14• The District Forum/State Commission/National Commission may
pass one or more of the following orders :1. To remove defects pointed out by the laboratories2. To replace the defective goods3. To return to the complainant the price or charges paid by him’4. To award compensation to consumer for any loss or injury suffered due to negligence of opposite party.5. To remove deficiency in services6. To discontinue UTP/RTP7. Not to offer hazardous goods for sale8. To withdraw hazardous goods offered9. To provide adequate costs to the parties
FORUM VALUE OF GOODS/SERVICES COMPENSATION
FEES (RS.)
NATIONAL Above Rs.1 crore 5000
STATE Above Rs.20 lakhs upto Rs.50 lakhs Above Rs.50 lakhs upto Rs.1 crore
20004000
DISTRICT Upto Rs.1 lakh Above Rs.1 lakh upto Rs.5 lakhs Above Rs.5 lakhs upto Rs.10 lakhs Above Rs.10 lakhs upto Rs.20 lakhs
100200400500