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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