Presented by

Pratibha Kewalramani

B.Com. (Hons) I Sem.

Before the enactment of the consumer Protection Act,1986 a person aggrieved

by the defective goods or deficiency in service had to approach the ordinary

civil court to get his grievances redressed

The proceeding in the ordinary civil court is very complex , expensive and

time consuming . In Order to give more protection to the interest of

consumers of goods and service the parliament enacted the consumer

Protection Act 1986.

The law relating to consumer protection is contained in the

Consumer Protection Act , 1986. The Consumer Protection Act-1986 &

enforced from 10 th June 1987 in India Aimed at providing simple, quick, and

cheaper protection of consumers interest.

AIMS OF CONSUMER PROTECTION ACT 1986 (CONFER MORE

PROTECTION AND SPEEDY REMEDY TO CONSUMERS OF GOODS

AND SERVICES)

• Establishment of “Consumer Disputes Redressal Forum” (District forum)

• Establishment of “Consumer Disputes Redressal commission” (State

commission)

• Establishment of National Consumer Disputes Redressal Commission”

(National commission)

• Establishment of a “ Central Consumer Protection Council ” for promoting

and protecting the rights of the consumers.

Consumer of Goods

• A person who has purchased goods for aconsideration.

• The consideration may be paid orpromised to pay or partly paid or partlypromised.

• A person who has purchased goodsunder a system of deferred payment isalso a consumer.

CONSUMER OF SERVICE

• A person who has hired or availed

of any service for consideration.

• Consideration may be paid or

promised to pay or partly paid.

• A person who has hired or availed

of any service under system of

deferred payment.

Better protection of interests of consumers Protection of rights of

consumers.

Right to be protected against marketing of goods or services which are

hazardous to life and property.

To be informed about the quality, quantity, purity, standard and price

of goods or services so as to protect the consumers against unfair trade

practices.

The right to be assured, where ever possible, access to goods and

services at competitive prices.

The right to be heard and to be assured that consumers interest will

receive due consideration at appropriate forums.

The Act applies to whole India except Jammu &

Kashmir. Every State has its own set of rules.

It is divided in 4 chapters & 31 sections.

Applies to all type of goods and services, public

utilities & public sector undertakings.

All types of complains relating to goods, unfair trade

practice.

A suit pending in civil court cannot be heard in

consumer court. (No parallel litigation)

The consumer to whom the goods are sold or

delivered, or agreed to be sold are delivered ,

or the service has been provided, or agreed to

be provided

Any recognized consumer association,

regardless of whether the consumer is a

member of such association or not. (e.g. class

action suit)

Under Section 9 of the Act consumer can file a

complaint before the District forum.

District forum is headed by District judge, he has

jurisdiction over the district.

State Commission is headed by Judge of High

Court, he has jurisdiction over the whole State.

National Commission is headed by Chief Justice of

India, he has jurisdiction over the entire Nation.

In District Forum if the cost of goods or services and

compensation asked for is up to Rs. 20 Lakhs and cause

of action arose there or where the Opposite Party resides

or runs their business or has a branch office;

In State Commission if the cost of goods or services and

compensation asked for is more than Rs. 20 Lakhs and

less than Rs. 1 Crore and cause of action arose there or

where the Opposite Party resides or runs their business

or has a branch office;

Send a notice to the Opposite Party giving him time limit to settle

your grievance.

Prepare the consumer complaint in the required format

Get the complaint affidavit notarized through a notary.

Make required number of photocopies after notarizing. [4+ no. of

Opposite Parties]

Prepare a bank draft from a nationalized bank to pay court fee.

Submit the complaint and court fee to the receiving clerk in the

consumer court who will give you the date for admission hearing

and complaint reference number

If you are not satisfied with the judgement from

the District consumer forum, you can appeal to the

State and then to the National commission within

30 days of receiving the order. In short from:

- District Forum to State Commission

- State Commission to National Commission

- National Commission to Supreme Court

Section 24A of the Act provides that a

consumer dispute can be filed within 2 years

from the date on which the cause of action

arises.

Appeals are required to be filed within 30 days

from the date of receipt of the court’s order.

FEE FOR DISTRICT FORUM:

- Up to Rs. 1 Lakh = Rs. 100/-

- Above Rs. 1 Lakh but less than Rs. 5 Lakh = Rs.

200/-

- Above Rs. 5 Lakh but less than Rs. 10 Lakh = Rs.

400/-

- Above Rs. 10 Lakh but less than Rs. 20 Lakh = Rs.

500/- and ....

Replacement of defective goods

Refund of price paid for defectivegood/services

Removal of deficiency in service

Refund of extra money charge

Withdrawal of goods hazardous to life

Compensation for the loss due tonegligence of opposite party.

If trader fails to follow the order passed

by the forum then he shall be punishable

with imprisonment for a term from

1 month up to 3 years or with fine from

Rs. 2000/- up to Rs. 10,000/- or with

both.

Thank you....