Consumer Protection Act Ghelot

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Consumer

Protection

Act


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IntroductionThe Consumer Protection Act was enacted

in 1986. Amendments were made in 2002.

The Act applies to the whole of India exceptthe State of Jammu and Kashmir.

An Act to provide for the better protection

of the interest of the consumers.Establishment of Consumer Councils andother authorities for the settlement ofconsumers disputes.


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Objectives

Right of protection to life and property

Right to be informed

Right to choose Right to be heard

Right to redress

Right to education


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Definitions

Consumerhe is a person

i) who buys any goods for a consideration

which has been paid or promised, or partly paidand partly promised, or under a system ofdeferred payment.

ii) hires any services for a consideration whichhas been paid or promised, or partly paid andpartly promised, or under a system of deferredpayment.


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Who are not consumers?

1. A person who purchased goods for resale2. A person who purchased goods for commercial

purpose3. A person who obtains services without

consideration4. A person who obtains services under a contract

of personal service5. Tax-payers to municipality6. Contractors7. Applicants for jobs8. Persons who filed suits in courts


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Deficiency : 2(1) g

means any fault, imperfection, shortcoming or inadequacy

in the quality, nature and manner of performance which isrequired to be maintained by or under any law for the timebeing in force or has been undertaken to be performed by aperson in pursuance of a contract or otherwise in relationto any service.

Service : Sec 2 (o)

service of any description which is made available topotential users and includes the provisions of facilities inconnection with banking, financing, insurance, transport,

processing, supply of electrical or other energy, boarding orlodging of good, house construction, entertainment,amusement or other information.


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Consumer Disputes : sec 2(1)e

a dispute where the person against whom acomplaint has been made denies or disputes theallegations contained in the complaint.

Defectany fault, imperfections or shortcoming in the

quality, quantity, potency, purity or standard whichis required to be maintained by or under any law for

the time being in force or has been undertaken to beperformed by a person in pursuance of a contract orotherwise in relation to any service.


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Consumer Disputes RedressalForums

The aims and objectives of the Act are achieved by theconstitution and creation of

District Forum

State Commission and

National Consumer Disputes RedressalCommission.


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A District Forum shall have the powers

1. to remove the defect pointed out by the appropriate

laboratory from the goods in question

2. to replace the goods with new goods of similardescription which shall be free from any defect

3. to return to the complainant the price, or as the casemay be, the charges paid by the complainant

4. to pay such amount as may be awarded by it ascompensation to the consumer for any loss or injurysuffered by the consumer due to the negligence of the

opposite party


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District Forum1. Each District Forum shall consist of a person who is or

has been or is qualified to be a District Judge who shallbe its President. Two other members, one of whom shallbe a woman possessing a bachelors degree from arecognized university, be a person of ability, integrityand standing and have adequate knowledge and

experience.

2. Every member of the District Forum shall hold office fora term of 5 years or up to the age of 65 years which everis earlier.

3. Subject to the other provisions of the Act a Districtforum shall have jurisdiction to entertain complaintswhere the value of the goods or services and thecompensation, if any, claimed does not exceed Rs.20Lakhs.


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State Commission

Each State Commission shall have jurisdictionto entertain complaints where the value of the

goods or services and compensation, if any,claimed exceeds Rs. 20 Lakhs but does notexceed Rs.1 Crore and appeals against the

orders of any District Forum within the State.


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National Commission

The National Commission shall consist of a person

who is or has been a Judge of the Supreme Court,shall be its President. Not less than 4 and not morethan such number of members as may be prescribedand one of whom shall be a woman with similarqualifications as required in the case of appointmentas a member to a District Forum or a State

Commission.

Every member of the National commission shall holdoffice for a term of 5 years or up to the age of 70 yearswhich ever is earlier.

The National Commission shall have jurisdiction toentertain complaints where the value of the goods orservices and compensation, if any, the claim exceeds

Rs. 1 Crore and appeals against the orders of any StateCommission.


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The District Forum, State Commission or the National

Commission shall not admit a complaint unless it isfiled within 2 years from the date on which the cause ofaction has arisen.

Where a trader or a person against whom a complaintis made fails or omits to comply with any order madeby the District Forum, the State Commission, theNational Commission, as the case may be, such trader

or person shall be punished with imprisonment for aterm which shall not be less than 1 month but whichmay extend to 3 years, or with fine which shall be notless than 2,000/- Rs. but which may extend to

10,000/-Rs., or with both.

Consumer Disputes Redressal Forums


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A complaint may be filed by

1. The consumer to whom such goods aresold.

2. Any recognized consumer association,

where the consumer to whom goods aresold or delivered is a member.

3. One or more consumers, where there are

numerous consumers having sameinterest.

4. The Central and State Government.


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Procedure of Complaint

Complaint relating to goods

1. Reference of sample to laboratory.

2. Deposit of fees.3. Remission of fees to lab and

forwarding of report to opposite party.

4. Objections.

5. Reasonable opportunity to parties.


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Complaint relating to services

1. Reference of claim to oppositeparty.

2. Denial of allegations by theopposite party.

3. Settlement of dispute.

4. Proceedings of district forum final.5. Death of complainant.

6. Period.


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Findings and Verdicts

a) To remove the defect.b) To replace the goods with new goods of

similar description.

c) To return the complainant the price.d) To pay compensation to the consumer for

any loss or injury suffered.e) To remove the defects in the goods.

f) To discontinue the unfair trade practices.g) Not to offer hazardous goods for sale.h) To provide adequate costs to parties.


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Appeals

Appeal to the State commissionany person aggrieved by an order made by

the district forum may prefer an appeal

against such order to the State commissionwithin a period of 30 days.

Appeal to the National commission

any person aggrieved by an order made bythe State commission in exercise of itspowers may prefer an appeal against suchorder to the National commission within a

period of 30 days


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Hearing of appeal Sec 19(a)

No adjournment shall be ordinarily grantedby the state commission or the Nationalcommission as the case may by unless

sufficient cause is shown and the reasons forgrant of adjournment have been recorded.

The State commission and the Nationalcommission ads the case may be shall make

such orders as to the costs occasioned by theadjournment.


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Miscellaneous

1. Protection of action taken ingood faith.

2. Power to remove difficulties.

3. Power to make rules.

4. Laying of rules.

Consumer Protection Act Ghelot

Documents

Transcript of Consumer Protection Act Ghelot