Consumer Protection Act-1986 Preet Madam

7/29/2019 Consumer Protection Act-1986 Preet Madam

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CONSUMERPROTECTION ACT-1986

SUBMITED TO: SUBMITTED BY

MRS. GEETA JOLLY HARPREET KAUR

ROLL NO. 15

B.B.A. 2ND

[3RD SEMESTER]


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INTRODUCTION

INTRODUCTION before the enactment ofconsumer protection act 1986 a personaggrieved by the defective goods or

defeciency in service had to approach theordinary civil court to get his grievancesredressed the proceeding in the ordinarycivil court is very complex, expensive andtime consuming . In order to give more

protection to the interest of consumers ofgoods and services the parliament enactedthe consumer protection act 1986.


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Contd.

the law relating to consumerprotection is contained in the

consumer protection act, 1986the consumer protection act -1986 & enforced from 10th june1987 in india aimed at providin

simple,quick and cheaperprotection of consumersintererst.


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AIM OF CONSUMER

PROTECTION ACT -1986 Aims of consumer protection act -

1986(confer more protection and speedyremedy to consumer goods and services)establishment of consumer disputesredressal forum(districtforum)establishment of consumer disputeredressal commision (statecomission)establishment of nationalconsumer disputes redressal

comission(national comission )establishment of central consumerprotection council for promoting andprotecting the rights of the consumers.


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Who is a consumer??

CONSUMER OF GOODS:

A consumer is a person who has

purchased goods for a consideration.the consideration may be paid or

promised to pay or partly paid or

partly promised. a person who has

purchased goods under a system ofdeferred payment is also a

consumer.


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CONTD.

CONSUMER OF SERVICES:

A person who has hired or

availed of any service forconsideration. Consideration

may be paid or promised to pay

or partly paid.


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OBJECTIVES OF THE

ACT :Objectives of the act is Better protection of

interests of consumers.

PROTECTION OF RIGHTS OF CONSUMERS

:1:Right to be protected against marketingof goods or services which are hazardousto life and property.

2:to be informed about the quality,quantity,purity,standard and price ofgoods or services so as to protect theconsumers against unfair trade pratices.


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CONTD.

3:The right to be assured, whereverpossible,access to goods andservices at competitive prices.

4:the right to be heard and to beassured that consumers interestwill receive due consideration atappropriate forums.

5:the right to seek redresses againstunfair trade practices orexploitations of consumers.


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SCOPE OF THE ACT

It applies to whole INDIA.it is divided

in four chapters and 31

sections.applies to all type of goodsand services ,public utilities and

public sector undertakings.all types

of complians relating to goods,unfair

trade practice. A suit pending in civilcourt cannot be heard in consumer

court.


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WHO CAN FILE

COMPLAINT 1:the consumer to whom the goods

are sold or delivered,or agreed to be

sold are delivered or the service hasbeen provided,or agreed to be

provided.

2:any recognised consumer

association,regardless of whetherthe consumer is a member of such

association or not


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CONTD.

3:One or more consumer,where thereare numerous consumer having thesame interest with permission of thedistrict forum on behalf of or for thebenefit of all consumer sointerested.

4: the state or central govt. either itsindividual capacity or as arepresentative of the interest of theconsumer in general


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CONSUMER DISPUTE

REDRESSAL AGENCIES Under sec 9 forum and commissions

are formed for filling complain.

District forum headed by districtjudge, jurisdiction- disrict state

commission by judge of high court,

jurisdiction- whole state national

commission headed by chief justiceof India, jurisdictionentire nation.


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WHERE TO FILE A

COMPLAINT?? Disrict forum- if the cost of goods

and services and compensationasked for is up to rs. 20 lakh, thedisrict where the cause of action hasarisen or where the opposite partyresides.

State commission-if the cost ofgoods and services andcompensation asked for is more than20 Lkh but less than rs. 1crore.


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CONTD.

National commission at New

Delhi - If the cost of goods and

services and compensationasked for asked exceed rupees

1 crore.


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PROCEDURE OF FILLING

COMPLAINT 1:notice to the opposite party.

2:prepare the consumer complaint inthe required format.

3:get the complaint affidavitnotarized through the party.

4:submit the complaint and court feeto the receving clerk in the

consumer court who will give youthe date for admission hearing andcomplaint reference number.


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CONTD.

5: On admission hearing, you would

your informed whether your case is

fit for acceptance or not . Ifaccepted you will be given the

datefor next hearing.

6: The court will send a notice and

complaint copy to the oppossiteparty seeking reply within 30 days.


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PROCEDURE OF

COMPLAINT Where complaint alleges a defect in

the goods which which cant bedetermined without proper analysis,the forum/ commission send it to thelaboratory to find out whether thereis any defect in it or not?

The hearings will continue till thjematter is decided.

The complaint should be decidedwithin 90 days.


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APPEALS

Under sec 27- Appeal :

Disrtict Forum-State

commission.

State Commission- National

commission.

National Commission- Supreme

court.


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TIME LIMITATION TO

FILE COMPLAINT Under sec-24 A of the act

provides that a consumer

disputes can be filled within 2years from the date on which

cause of action arises. Appeals

are required to be filled within30 days from the date of receipt

of the courts order.


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HOW TO FILE A

COMPLAINT?? Fee or disrict forum- up to rs.1

lakh-rs 100.

Above rs.1lakh but less than 5lakhrs. 200.

Above rs.5lakhbut less than 20

lakhrs.500.


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RELIEF TO CONSUMERS

1: Repair of defective goods.

2:Replacement of defective goods.

3:Refund of price paid for defectivegoods & services.

4:Removal of defiency of in service.

5: Refund of extra money charge.

6:Withrawal of goodshazardous to life.7:compensation for the loss due to

negligence of opposite party.


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PENALITIES

If trader fails to follow the order then

he shall be punishable with min.1

month up to 3 years with fine ofmin.rs.2000 upto rs. 10,000.if

frivolous complaint Is filled then it

shall be dismissed and complained

is penalised to pay the cist incurredbuy opposite party (not more then rs.

10,000)


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COMPLIANT FORM

In the complaint caseno.112/10.Beforethe honble disrict forum at rajpura

name & address of .. Versusname 7 address of opposite above namedcomplaintly/ complaints respectfully statebefore the honble forum/commission asfollows:.

Contensions.


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IT IS THEREFORE

PRAYED 1 that opposite party be directed to refund

the amount paid by the complaint to thetune of rs .. 1,00,000

2:complaint may please be compensatedto the tune of rs.1200.for themental agony harassment caused to alsobe awarded suitabely signature ofcomplaint

place.rajpuradate22-10-2011{name ofthe complaintant}.


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CONCLUSION

Consumer protection actprovide for the better protection

of the interest of consumer andfor that purpose to makeprovision for the establishmentof the consumer councils and

other authorities for settlementon consumer disputes and formatters connected there with.


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ANYQUESTIONS??????


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THANKYOU

Consumer Protection Act-1986 Preet Madam

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