Consumer Protection Act 1986
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Transcript of Consumer Protection Act 1986
Topics to be covered
Consumer definition Consumer protection act 1986
Redressal commission District forum , state and national commission
Who is a consumer ? Any person who buys any commodity or service
or is auser of such commodity or service is known as consumer.
Any person must satisfy two conditions to claim himself as a consumer:-
1) The service must have been rendered to him 2) He must have paid or promised to pay for the same. If any person buy capital goods to provide
services to other individuals, then he is also recognised as consumer.
Factors leading to consumer exploitation
Deceptive and misleading techiques
False warranties or guaranteesNan availability of goods AdulterationHoarding Black marketing
Salient features of the act
Provisions of the act are compensatory in nature.
It empowers consumers seeking discontinuance of trader’ s malpractices, defective goods, services deficiencies or withdrawal of hazardous goods from the market.
Redressal mechanisam
The central council is headed by minister, in –charge of the department of consumer affairs in the centeal government and the state councils by the minister in- charge of the consumer affairs in the state governments
At present, there are 629 district forums and 35 state commissions with the national consumer disputes rederssal commission (NCDRC) at the apex
The act envisages a three - tier quasi judicial machinery at the national state and district level.
District consumer disputes redressal forums- district forum (<Rs .20 lacks)
State consumer s disputes redressal commission- state commission (>= Rs. 20 lacks <Rs. 1 crore)
National consumer disputes redressal commission – national commission (exceeding 1 crore)
District forum
Be a person of ability, integrity and standing and have adequate knowledge and experience.
Every member of the district forum shall hold office for a term of 5 years or up to the age of 65 years whichever is earlier.
State commision
1)It shall have jurisdiction to entertaion complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 20 lakhs but less than 1 crore (section 17 )
2)It shall consist of a person who is or has been or is qualified to be a high court judge as its president
Staste commission
3) 2 other members one of whom shall be a women possessing a bachelors degree from a recognized university
4) Be a person of ability, integrity and standing and have adequate knowledge and experience.
5) Every member of the state forum shall hold office for a term of 5 years or upto the age of 67 years whichever is earlier.
National commission
1) The national commission was constituted in the year 1988. it is headed by a sitting or retired judge of the supreme court of india.
2) It is presently headed by hon’ble Mr. justice ashok bhan, former judge of the supreme court of india as president and has ten members
National commission
3) The national commission has een conferred with the power of administrative control over all the state commissions by calling for periodical returns regaring the institution, disposal and pendency of cases.
4) It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 1 crore (section 21)
5) It shall consist of a person who is or has been or is qualified to be a supereme court appointed by central government.
National commission
6) Not less than 4 number of members and a t least 1 of them shall be a women, who shall have qualifications, namely:
1)not less than 35 years of age 2) possessing a bachelors degree from a recognized university. 3) be a person of ability, integrity and standing and have adequate knowledge and experience. 4) every member of the district forum shall hold office for a term of 5 years or up to the age of 70 years whichever is earlier.
Consumer awareness 1) The government celebrates
December 24- “ national consumer rights day”
2) Online – website and social networking sistes
3) University – e.g. . Delhi university 4) T V and FM radio 5) Poster and banners at public
places 6) Newspaper and magazines
Reference
ncdrc.nic.in www.indiakanoon.org www.legalserviceindia.com www.Nationalconsumerhelpline.in
Rayalaseema university