Post on 04-Apr-2018
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CONSUMER PROTECTION
ACT, 1986
Ms. KUMKUM SEN
RAJINDER NARAIN & CO.
NEW DELHI
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BRIEF HISTORICAL BACKGROUND
Scenario in early 70s & 80s
Existing laws providing consumer protection
Shortcomings of such Laws
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UN GUIDELINES FOR THE CONSUMER
PROTECTION
Protect from hazard to health & safety;
Promote & protect economic interests;
Provide adequate information for informed choice;
Consumer education;
Provide effective redressformal and informal
procedures;
Freedom to form groups & present views in decision-
making affecting consumers;
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THE CONSUMER PROTECTION ACT, 1986(ACT)
Applicability
Amendments
Amendments in the year 1993
Amendments in the year 2002
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WHO IS A CONSUMER?
Two kinds of consumer under the Act
Consumer of goods
buys or agrees to buy goods
any user of such goods
Consumer of services
hires or avails any services
any beneficiary of such service
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CONSUMERS NEED PROTECTIONAGAINST
Unfair trade practice
Restrictive trade practice
Defects
Deficiencies
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UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use
or supply of goods or services e.g.Misleading public about price (e.g. bargain price when it is
not so).
Charging above MRP printed.
Misleading public about anothers goods or services.
Falsely claiming a sponsorship, approval or affiliation.
Offering misleading warranty or guarantee.
CONSUMERS NEED PROTECTIONAGAINST
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CONSUMERS NEED PROTECTION
AGAINST
RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint re: delivery/flow of supplies to
impose unjustified costs/restrictions on consumers.
Collusive tendering; market fixing territorially amongcompeting 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.
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CONSUMERS NEED PROTECTIONAGAINST
DEFECTS
Any fault, imperfection or shortcoming in the quality, quantity, potency,
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 impliedor as is claimed by the trader in any manner whatsoever in relation to
any goods.
DEFICIENCYAny fault, imperfection, shortcoming or inadequacy in the quality,
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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CONSUMER'S 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
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FORUM & JURISDICTION Consumer Disputes Redressal Forums (District
Forum)
Claims less than or equal Rs.20 lacs. Consumer Disputes Redressal Commissions (State
Commission)
Claim more than Rs.20 lacs & less than Rs.1 crore & appeals.
National Consumer Disputes Redressal
Commission (National Commission)
Claim equal to Rs.1 crore & appeals
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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
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ESSENTIAL INFORMATION IN THEAPPLICATION
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
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BENEFITS & RELIEFS
Benefit
Disposal within 90 days
No adjournment shall ordinarily be granted - Speedy trialRelief
Removal of defects in goods or deficiency in services.
Replacement of defective goods.
Refund against defective goods or deficient services.
Compensation.
Prohibition on sale of hazardous goods.
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THANK YOU