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Consumer Protection Act 1986

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Some Basic TermsGoods (Section 2(7) ):

Goods means every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass and things attached forming apart of the land which are agreed to be served before sale or under the contract of sale”

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SERVICE (Section 2(1) (0))

It means service of any description which is made available to potential users. It includes the financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing, entertainment, amusement or purveying a news or other information. But service not included the rendering of any service free of charge or under a contract of personal service”

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CONSUMER

 

Consumer means any person who buys any goods for a consideration. Consumer also includes any user of such goods other than the buyer himself.

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Consumer disputes [Section 2(1) e]

A dispute where a person against

whom a compliant has been

made denies or disputes the

allegation contained in the

complaint

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Unfair trade practice [sec 2(1) r

Unfair trade practice which for

the purpose of promoting the sale

use or supply of any goods or for

the provision of any service,

adopts any unfair method or

unfair deceptive practice

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THE CONSUMER PROTECTION ACT

The law relating to consumer protection is dealt with in the consumer protection act 1986. The act extends to the whole of India except the state of Jammu & Kashmir. It was enacted to provide better protection of to all goods and services. The proceedings under this act are simple and fair. There is no court fee or stamp duty to be fixed, no matter whatever may be the amount involved in the complaint.

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OBJECTIVES OF ACT

Better protection of interests of consumersProtection of rights of consumersConsumer Protection CouncilsQuasi – judicial machinery for speedy

redressal of consumer disputes

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RIGHTS OF CONSUMER

Protection against marketing of goods hazardous to life & property

Right to be informed

Quality as protection against unfair trade practices

Access to goods & services at competitive prices

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Right to be heard & due consideration at appropriate forums

Right to seek redressal

Right to consumer education

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Consumer Protection Councils

Central consumer Protection councils

State consumer protection council

District Consumer Protection Council

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Central Consumer Protection

council Established by the central govt by a council by notification.

Object is to promote & protect the rights of the consumer .

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Members of the Central Council

Maximum members are 150 includes :

The Minister of consumer Affairs in central govt. (Chairman)

Minister of state or Deputy Minister in charge of consumer affairs in central govt

The minister of Food & SuppliesEight Members of Parliament

5 from Lok sabha3 from Rajya Sabha

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The secretary of National council for SC and ST.

Representatives of Central Govt. (not > 20)

Representatives of Consumer organisation.

Not less than 35Representatives of women (not < 10)Representatives of Farmers. (not > 20)Person capable for representing

consumer Interest. (not > 15)Secretary in the department of Civil

Supplies.The term of council is 3 years.

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State Consumer Protection Council

The state government by notification established a council to be known as

“State Consumer Protection Council”

To promote and protect the rights of consumers within the state.

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Members of the State CouncilThe Minister in charge of

consumer affairs in the state govt as chairman.

Official and non official representating State government.

Official or non official members not exceeding 10 nominated by Central Govt.

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District Consumer Protection Council

The state govt. shall establish for every district by notification known as District consumer Protection Council.

Objectives is to promote and protect consumer rights within the district.

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Members of District CouncilsThe collector of the

District(chairman).Other official and non-official

members prescribed by the state Government.

Two meeting is necessary in a year

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Consumer Disputes Redressal Forum

To provide speedy, inexpensive and simple redressal of consumer disputes Quasi judicial bodies have been set up at three level

District Forum

State Commission

National Commission

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District Forum - MembersOne qualified District Judge as

PresidentTwo other members

• One women not less than 35 years.

• Possess a Bachelors Degree.

• Having at least 10 years experience in law, commerce , Accountancy etc.

Term of committee is 5 years or up to the age of 65 years whichever is earlier.

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Manner of complaint shall be madeOn the receipt of complaint , the

forum shall refer a copy of complaint to opposite party.

The opposite party have to give his reply with in 30 days.

If the opposite party admits the allegation the forum will consider the case on the basis of merit of the case.

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If the opposite party denies the allegations the forum shall proceed to settle based on the evidence brought by the party.

All complaints should decide within 90 days after the date of notice.

Any person may prefer an appeal to the state commission with in a period of 30 days after the order.District forum will entertain all the cases where the value of goods & services and the compensation is claimed DOES NOT EXCEED 5 LAKHS

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State Redressal CommissionA person who is or has been a High court Judge shall be the president.

Two other members• One women not less than 35

years.• Possess a Bachelors Degree.• Having at least 10 years

experience in law, commerce , Accountancy etc.

Term of committee is 5 years or up to the age of 67 years whichever is earlier.

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If the value of Goods & Services and compensation if any claimed exceeds 5 lakhs and not exceed 25 lakhs.

Any person may prefer an appeal to the National commission against the order of the state commission within a period of 30 days after the order.

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National Redressal Commission

A person who is or has been a Supreme court Judge to be appointed by the central govt shall be the president.

Not less than four members• One women not less than 35 years.• Possess a Bachelors Degree.• Having at least 10 years

experience in law, commerce , Accountancy etc.

Term of committee is 5 years or up to the age of 70 years whichever is earlier.

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Complaints where the value of goods & services or compensation claimed exceed 25 lakhs.

Any person may prefer an appeal to the supreme Court against the order of the National commission within a period of 30 days after the order.The district , State or the national commission shall not admit a compliant if it is not filed within 2 years from the date of cause of action

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Conclusion

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Consumer Sovereignty

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THANKS Presented by

Ampady S Aneesh R Divya Sanal