Consumer protection act, 1986

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CONSUMER PROTECTION ACT, 1986

Transcript of Consumer protection act, 1986

Page 1: Consumer protection act, 1986

CONSUMER PROTECTION

ACT, 1986

Page 2: Consumer protection act, 1986

CONSUMER PROTECTION ACT, 1986

It 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.

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Consumer RightsSafety

Education

Choose Information

Redressal

Heard

Objectives of CPA, 1986

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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.

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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.

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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

paid

Any body who uses the goods or services with the

consent of the consumer

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WHAT IS A COMPLAINT?

• An allegation in writing by a complainant

that:

• An unfair or restrictive trade practice is practised by

trader or service provider

• Goods bought or to be bought or services hired or to

be hired suffered from any deficiency

• Trader or service provider has charged excess price

• Goods and services are hazardous or are likely to be

hazardous to life and safety.

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WHAT IS A DEFECT ?

Fault

Imperfection

Shortcoming

In the

Quality

Quantity

Potency

Purity Or

Standards

Which is required to be maintained by or under

any law for the time being in force

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CONSUMER DISPUTE REDRESSAL

AGENCIES

1) A Consumer Dispute Redressal Forum at the District

level.

2) A Consumer Dispute Redressal Commission at the

State level.

3) A National Consumer Dispute Redressal

Commission at national level.

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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 Crore

National Commission Above One Crore

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FILING OF COMPLAINTS

A complaint may be filed by

a) The consumer to whom the goods are sold or

services are provided

b) Any recognised consumer association

c) One or more consumers with same interest

d) The central government or state government

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FILING OF COMPLAINTS

The Fee for filing the Complaint for the district forum is as under

Sr.

No.

Value of Goods / Service and Compensation Amount

of Fees

1) Upto Rs. 1 lakh rupees Rs. 100

2) Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 200

3) Rs. 5 Lakhs and above but less than Rs. 10 lakhs Rs. 400

4) Rs. 10 lakhs and above but less than Rs. 20 lakhs Rs. 500

The 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 .

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Mode for filing a Complaint?

In person

Through agent/lawyer

By Registered Post A.D.

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LIMITATION PERIOD

Within two years from the date on

which the cause of action has arisen.

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PENALTIES

Punishable with imprisonment for a term which shall not

be less than one month but which may extend to three

years

Fine which shall not be less than two thousand rupees but

which may extend to ten thousand rupees

Or with both.

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CHETAN PRAKASH

VS.

MET INSTITUTE OF COMPUTER SCIENCE

CASE STUDY

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Prakash was in final year of BSc when he sought admission

in the institute for MCS

The institute had stipulated that in order to pursue the MCS

course, student has to clear III year exams

He deposited the fees before declaration of result

Seeing that he had failed in exams, he tried to withdraw the

admission and requested for a refund, to which the institute

did not responded

Finally, he sent a legal notice to the institute, and then

lodged a complaint in the consumer forum.

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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.

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