Consumer protection act, 1986

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Transcript of Consumer protection act, 1986

CONSUMER PROTECTION ACT, 1986

CONSUMER PROTECTION ACT, 1986

CONSUMER PROTECTION ACT, 1986It aims at providing better protection of the interests of the consumers.Act applies to whole of India except Jammu and Kashmir.The Act applies to all goods and services unless expressly exempted by the Central Government by notification.

Consumer RightsSafetyEducationChooseInformationRedressalHeardObjectives of CPA, 1986

SALIENT FEATURES OF CPA The Right to Safety - The right to be protected against marketing of goods and services, which are hazardous to life and property. The Right to be Informed - The right to be informed about the quality, quantity, purity, standard and price of the goods or services so as to protect consumers against unfair trade practice. The Right to Choose - The right to be assured access to a variety of goods and services at competitive prices. The Right to be Heard -The right to be heard and to be assured that consumers interests will receive due consideration at appropriate authority.

The Right to Redress - The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.

The Right to Consumer Education - The right to acquire the knowledge and skills to be an informed consumer.

WHO IS A CONSUMER ?

Any person who buys goods or avails services for consideration Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paidAny body who uses the goods or services with the consent of the consumer

WHAT IS A COMPLAINT?

An allegation in writing by a complainant that:An unfair or restrictive trade practice is practised by trader or service providerGoods bought or to be bought or services hired or to be hired suffered from any deficiencyTrader or service provider has charged excess priceGoods and services are hazardous or are likely to be hazardous to life and safety.

WHAT IS A DEFECT ?FaultImperfection Shortcoming

In theQuality Quantity Potency Purity Or Standards

Which is required to be maintained by or under any law for the time being in forceCONSUMER DISPUTE REDRESSAL AGENCIES A Consumer Dispute Redressal Forum at the District level.A Consumer Dispute Redressal Commission at the State level.A National Consumer Dispute Redressal Commission at national level.

JURISDICTION Forum / Commission Where the value of the goods or services and the compensation, if any claimed,District Forum Does not exceed Rs. 20 lakhs State Commission Rs. 20 lakhs and above but not exceeding One CroreNational CommissionAbove One Crore

FILING OF COMPLAINTS A complaint may be filed by The consumer to whom the goods are sold or services are provided Any recognised consumer association One or more consumers with same interestThe central government or state government

FILING OF COMPLAINTSThe Fee for filing the Complaint for the district forum is as under

Sr. No.Value of Goods / Service and Compensation Amount of Fees1) Upto Rs. 1 lakh rupees Rs. 1002) Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 2003)Rs. 5 Lakhs and above but less than Rs. 10 lakhs Rs. 4004) Rs. 10 lakhs and above but less than Rs. 20 lakhsRs. 500The 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 .Mode for filing a Complaint? In personThrough agent/lawyerBy Registered Post A.D. LIMITATION PERIODWithin two years from the date on which the cause of action has arisen.

PENALTIESPunishable with imprisonment for a term which shall not be less than one month but which may extend to three yearsFine which shall not be less than two thousand rupees but which may extend to ten thousand rupeesOr with both. Chetan Prakash vs. MET Institute of computer Science

CASE STUDYPrakash was in final year of BSc when he sought admission in the institute for MCSThe institute had stipulated that in order to pursue the MCS course, student has to clear III year examsHe deposited the fees before declaration of resultSeeing that he had failed in exams, he tried to withdraw the admission and requested for a refund, to which the institute did not respondedFinally, he sent a legal notice to the institute, and then lodged a complaint in the consumer forum.

JudgementThe institute had to pay the complainant, Chetan Prakash, Rs 32,000 as compensation for harassment along with the course fee of Rs.62,200.

Manoj Kumar IndoriaRIMS BangaloreThank You