CONSUMER PROTECTION ACT

Submitted By:

SINDHU.S

(ONE YEAR PGDBA)

MOUNT CARMEL

INSTITUTE OF

MANAGEMENT

CONTENTS

INTRODUCTION HISTORY OF CPA DEFINITION OF CONSUMER &

CONSUMER DISPUTE RIGHTS OF CONSUMER PROTECTION

ACT CONSUMER RESPONSIBILITIES PROBLEMS FACED BY CONSUMER SIGNIFICANCE OF CPA OBJECTIVES OF CPA CONSUMER REDRESSAL AGENCIES REMEDIES OF CPA CASE STUDIES OF CPA CONCLUSION

ACKNOWELEDGEMENT:

I thank Prof. Radhakrishna rao sir for giving such a wonderful opportunity for doing a project on Consumer Protection Act. It helped me to enhance my knowledge. I learnt more about consumer protection, responsibilities, consumer redressal agencies and learnt some of the case studies by doing this project.

Thank you

INTRODUCTION :

The Consumer Protection Act 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement. The main object of the legislature in the enactment of this act is to provide for the better protection of the interests of the consumer and to make provisions for establishment of consumer councils and other authorities for settlement of consumer disputes and matter therewith connected. In order to promote and protect the rights and interests of consumers, quasi judicial machinery is sought to be set up at district, state and central levels. These quasi judicial bodies have to observe the principles of natural justice and have been empowered to give reliefs, of specific nature and also to impose penalties for non compliance of the orders given by such bodies. The main object of these bodies is to provide speedy and simple redressal to consumer disputes. It is one of the benevolent pieces of legislation intended to protect the consumers at large from exploitation. The consumer protection Act, 1986 is one of the benevolent social legislation intended to protect the large body of consumers from exploitation. The Act has assumed the shape of practically the most important legislation enacted in the country during the last few years. It has become the vehicle for enabling people to secure speedy and inexpensive Redressal of their grievances with the enactment of this law. Consumers now feel that they are in a position to declare "Sellers be Aware" whereas previously the consumers were at the receiving end and generally told "Buyers be Aware".

HOW THE ACT WAS ENACTED ?

The act was passed in Lok Sabha on 9th December,1986 and Rajya Sabha on 10th December, 1986 and assented by the President of India on 24th December, 1986 and was published in the Gazette of India on 26th December, 1986. This act was enacted in the 37th year of the Republic of India and was amended from time to time in the following years i.e. 1991, 1993 and 2002.

THE ACT - CONSUMER PROTECTION ACT INDIA 1986

An act to provide for better protection of the interests of consumers and for

that purpose to make provision for the establishment of consumer councils and other

authorities for the settlement of consumer disputes and for matters connected therewith. The

act is applicable in all states in India except in Jammu and Kashmir. The act makes provisions

to include both tangible goods and intangible services (henceforth referred to as product)

purchased from a trader or service provider (henceforth referred to as company). The act can

apply to any consumer who uses the product for non-commercial activities, the only

exception being use of it to earn his livelihood. In other words, the act excludes commercial

customers fully, but includes individual domestic customers, groups of domestic customers,

societies and not-for-profit organizations. In India, consumer protection movement was at the

end of twentieth century the consumer protection was enacted. The consumer protection Act,

1986 is a milestone in the history of socio-economic legislation in the country. It is one of the

most progressive and comprehensive pieces of legislations enacted for the protection of

consumers. It was enacted after in-depth study of consumer protection laws in a number of

countries and in consultation with representatives of consumers, trade and industry and

extensive discussions within the Government. The consumer Protection Act was enacted to

provide a simple and quicker access to redressal of consumer grievances. The main objective

of the act is to provide for the better protection of consumers. Unlike existing laws, which are

punitive or preventive in nature, the provisions of this Act are compensatory in nature. The

act is intended to provide simple, speedy and inexpensive redressal to the consumers'

grievances, and relief of a specific nature and award of compensation wherever appropriate to

the consumer.

HISTORY OF CONSUMER PROTECTION ACT:

 

Consumer protection, as known today, has roots even in the daily lives of the Stone Age cave men. A seller sells a product to a buyer, the buyer finds the product not to be up to his satisfaction; coincidence, some would say. But is it? In the absence of definitive statistics, the instinct of a consumer living in a capitalist society would lead me to wonder if the seller intentionally did or did not do something that led to my compromised consumer satisfaction.

Today’s consumerism finds its origin in the late 19th and early 20th century marketplace in the United States. The United States Congress made history in 1872 by enacting the very first of its kind consumer protection law, the mail fraud law, which makes it a punishable offence to commit mail order fraud. At best rudimentary and lacking teeth to curb anything but false advertising, this law did nothing to prevent unsafe, unhealthy and dangerous products from reaching the hands of trusting consumers.

The passage of the Sherman Anti Trust Act passed by the US Congress in 1890 was the next feather in the cap of consumerism. This act prevents and limits the formation of cartels and monopolies that challenge the very frame of consumer rights. The ground for the majority of antitrust law suits, this federal law does not address the most critical area of consumer protection, the product quality.

Apart from minor legislations at a state level, it was the beginning of the 20th century that marked the revival of the consumer protection movement, which had been docile for the past 15 years or so; the impetus being the publication of The Jungle by Upton Sinclair in which the author described his disgust at the meat packing industry in Chicago. Horrified, President Theodore Roosevelt had these allegations verified independently by federal agents, who confirmed the distressful conditions of the meat that American consumers ate.

Soon afterwards in 1906, the US Congress passed the Pure Food and Drug Act which, along with the Sherly Amendment, curbs sellers from selling adulterated food / drugs and places guidelines on the accuracy of the data on labels. Together with the Meat Inspection Act, the government had ensured a legal framework to prosecute anyone who would willfully violate the quality of the food and medicines used by the consumers.

Other landmarks in the consumer protection movement were the establishment of the Federal Trade Commission (FTC) in 1914 and the establishment of the Food and Drug Administration (FDA) in 1931. This was closely followed by the Food, Drug and Cosmetic Act of 1938 which enabled the FDA to test new drugs before they reached the hands of the consumers.

In the mid twentieth century, the two stalwart figures in the consumer protection movement were Ralph Nader and John F Kennedy. In a historic speech in 1962, Kennedy was the first one to define the basic consumer rights as they are still used today. A milestone in the consumer protection movement came with the publishing of Ralph Nader’s book ‘Unsafe at Any Speed’ in 1967. Leading to the enactment of The National Traffic and Motor Vehicle

Safety Act in 1966, this book was the first attempt by a common citizen to exercise his consumer rights against the big corporate sharks.

Kennedy introduced the Consumer Bill of Rights in 1962 in the US Congress. This was closely followed by several bills legislations such as The Cigarette Labeling Act (1965), The Fair Packaging and Labeling Act (1966), and the Wholesome Meat Act (1967) and the establishment of the Consumer Product Safety Commission (CPSC) in 1972.

In India, as always the laws reach late. Obviously, the Indian politicians could not hold on any longer protecting their business patrons against public outcries of corporate fraud, deceit and callousness in general. So in December 1986, the Consumer Protection Act was reluctantly passed by the Indian Government to protect the consumers.

Independently if reviewed, the Consumer Protection Act 1986 has all the mistakes that the developed economies made with their consumer legislations over 25-50 years ago. One would assume that the Indian politicians would use their wisdom to not repeat the mistakes that have already been made by others, but then again, loopholes in the law means more protection for the corporate sharks. So willfully some “mistakes” may have been introduced.

The Consumer Protection Act 1986 is at best a mediocre attempt at consumer protection. Nevertheless, better none than one when it comes to laws in India! It lacks teeth in several areas including safety, product labeling, execution of the law, and punishment of the violators of the law. Sadly, violators of consumer rights still enjoy absolute freedom in India to disregard safety and quality when it comes to consumer products despite this law. You may read more about the Consumer Protection Act 1986 here.

DEFINITION OF CONSUMER:

An individual who buys products or services for personal use and not for manufacture or resale. A consumer is someone who can make the decision whether or not to purchase an item at the store, and someone who can be influenced by marketing and advertisements. Any time someone goes to a store and purchases a toy, shirt, beverage, or anything else, they are making that decision as a consumer.

DEFINITION OF CONSUMER DISPUTE:

Consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.

BASIC RIGHTS OF CONSUMERS UNDER CONSUMERS PROTECTION ACT:

The Section 6 of the Consumer Protection Act, 1986 has defined six basic rights of

the consumers. They are:

The right to be protected against marketing of goods, which are hazardous to life and

property.

The right to be informed about the quality, quantity, potency, purity, standards and

price of goods to protect the consumer against unfair trade practices.

The right to be assured whatever possible, access to Varity of goods at competitive

prices.

The right to be heard and to be assured that consumer's interest will receive due

consideration at appropriate forums.

The right to seek Redressal against unfair trade practice or exploitation of consumers,

and

The right to consumer education.

The Amendment Act has added the following rights, 1993 and 2002 respectively,

The right to be protected from unfair trade practices as defined under section 36A of

M.R.T.P. Act, 1969, and

Protection from spurious goods or offering such goods for sole or adopting deceptive

practice in the provision of services.

CONSUMER RESPONSIBILITIES:

Rights and responsibilities are two sides of the same coin. Along with consumer

rights, there are consumer responsibilities also. The responsibilities of consumers as follows:

� To provide adequate information about his needs and expectations to the seller.

� The consumer must try to get full information on quality, quantity, price etc.

� To insist on cash memo or receipt.

� To file complaint against genuine grievances.

� While purchasing, the consumers must look for standard quality certifications marks

such as ISI, Agmark etc.

� To exercise his legal rights.

� To be cautions against false and misleading advertisement.

COMMON PROBLEMS FACED BY CONSUMERS:

Many problems are face by consumers. Some of the significant problems are listed

below:

� Adulteration.

� Spurious goods.

� Use of deceptive/incorrect rates.

� Supply related problems.

� Variation in the contents of the packet.

� Defective goods.

� Poor after sales services.

� Deficiency of services.

� Not-honoring the term and conditions of sales and services.

� Non-fulfillment of guarantee/warrantee.

� Misleading advertisement.

� Hidden prices components.

� Price discrimination.

SIGNIFICANCE OF CONSUMER PROTECTION ACT:

The requirement and effectiveness of Consumer Protection Act are enormous Particularly In consumer marketing . The consumer purchase goods or services through image on the screen and trust the specification cited by the vender .The buyer cannot have physical access to the commodity before getting delivery. Now , in case the goods/services are not in conformity with the specification, protection may be provided to the buyer through establishment of special court and by introduction of special legislation under Consumer Protection Act.

(1) To Organize Consumers:

Indian consumers are scattered over a wide geographical area. They are

not well organized. They have a low power and businessmen exploit consumers. Here

we need consumer protection.

(2) Provide Market Information:

Majority of the consumers have no information about quality, type,

price and other marketing facilities. Many customers buy without product knowledge

and this make them suffer losses.

(3) Importance of Physical Safety:

Indian markets are over flooded with products. The products may be

adulterated and may be health hazardous. This may endanger their life and due to this

a consumer needs to be protected.

(4) Avoiding Monopoly:

Consumer Protection is very important in terms of avoiding monopoly.

Monopoly is the crown of modern market. Most of the organizations, irrespective of

various restrictions follow monopoly practice. Due to this consumers get affected and

needs to be protected.

(5) Prevention from Malpractices:

Business malpractices are rapidly growing in modern market.

Businessmen follow unfair trade practices, restrictive trade practices and monopolistic

trade practice and consumer protection plays a vital role.

(6) Avoiding Pollution:

Pollution is very serious issue taken by every country. Pollution affects

the mind and health of not only consumers but also citizens. It is important to avoid

pollution to save society at large from pollution.

(7) Misleading Advertisements:

Many organizations, deliberately cheat consumers through wrong or

misleading advertisements. This will protect consumers from getting exploited.

Reliefs and

Compensation to consumers.

(8) Informing Consumers about their Basic Rights:

Majority of the consumers are ignorant. They do not know about

consumer rights. Consumer movements inform consumers about their rights and

protect their interest and rights.

Marketing of goods or services.

Quality of goods and

Price of the goods and services.

OBJECTIVE OF CONSUMER PROTECTION ACT:

The objectives of consumer protection act are as follows:

The consumer interest in the market place is the focus or the art of enlightened

marketing mix. The business and consumerism both aim at the protection of

consumer interest-business through self-regulation and consumerism through

self-help. Consumerism invokes government assistance when business

misbehaves and fails to fulfill special responsibilities.

In exchange relationship normally ,we have two

Seller.

Buyer.

However, in the modern market, the seller is organized and has professional

skill, whereas the buyer is usually unorganized and amateur. Hence, we need

consumer legislation and consumerism.

The main objects of the act are:

To protect the interest of the consumer.

To protect the rights of the consumers regarding

Marketing of goods or services.

Quality of goods and

Price of the goods and services.

To protect the consumer against un-fair trade practices.

To set-up consumer protection council at the centre and state level.

To set up quasi judicial machineries to provide speedy simple & less expensive

redressal to consumers disputes by giving

Reliefs and

Compensation to consumers.

To enable the consumer to use his right to consumer education.

CONSUMER DISPUTES REDRESSAL AGENCIES:INTRODUCTION:

This section of the act provides for the creation of consumer courts. The central government is given the responsibility to create and maintain the National Consumer Disputes Redressal Commission in New Delhi. The state government is given the responsibility to create a State Consumer Disputes Redressal Commission at the state level and a District Consumer Disputes Redressal Forum at the district level.

You cannot file a complaint in a consumer court if two years have elapsed after the cause of action. (such as payment of a bill or the incident that started the dispute with the company)

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:

The forum President and members are directly / indirectly appointed by the state

government and he shall be eligible to be a district judge. All members of the court can have a term of up to five years or up to 65 years, whichever is earlier. The District Consumer Forum cannot conduct a hearing without the President and at least one other member.

This consumer court deals with complaints where the compensation sought is less than twenty lakhs. This limit is commonly known as the 'pecuniary jurisdiction' of the District Consumer Disputes Redressal Forum. For more details on how to file a complaint with a District Consumer Court, please refer to our article about filing complaints in consumer courts.

A District Consumer Forum can hear cases for any company that operates an office or a branch in the district. It can also hear cases provided the actual reason why you are filing the complaint (such as sale or maintenance service that led to the defect) partially or fully occurred within the district. For this same reason, it is very important that you do not do business with any company that does not have local representation or one that makes you sign an agreement regarding the jurisdiction of the dispute.

The law provides that the District Consumer Disputes Redressal Forum has the same powers as a civil court under Code of Civil Procedure 1908, but you may be surprised as to how much of this power in law books actually manifests when put to practice.

The District Consumer Forum can order the company to take the following actions once it hears the complaint and decides that the company is at fault:

Correct deficiencies in the product to what they claim. Repair defect free of charges. Replace product with similar or superior product. Issue a full refund of the price. Pay compensation for damages / costs / inconveniences. Withdraw the sale of the product altogether. Discontinue or not repeat any unfair trade practice or the restrictive trade practice. Issue corrective advertisement for any earlier misrepresentation.

If you are not satisfied with the verdict from the District Consumer Court, you can appeal in the State Consumer Disputes Redressal Commission within a period of 30 days. If a verdict has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.25000/-, whichever is lesser.

STATE CONSUMER DISPUTES REDRESSAL COMMISSION:

The law provides that the State Consumer Commission function in the state capital, but the government has the powers to move it as needed. The President of the State Consumer Commission shall be or should have been a High Court judge and should be appointed only after consultation with the Chief Justice of the High Court with the states jurisdiction. The remaining members of the commission are appointed by a committee with the President of the State Consumer Court as its chairman, and they can have a term of up to five years or up to 67 years, whichever is earlier.

The State Consumer Disputes Redressal Commission deals with a pecuniary jurisdiction of only those complaints where the compensation sought is higher than twenty lakhs but lesser than one crore. For more details on how to file a complaint with a State Consumer Court, please refer to our article about filing complaints in consumer courts.

The State Consumer Forum usually hears cases of three types:

1. Appeals from District Consumer Forums.2. Cases against companies that operates an office or a branch in the state.3. Cases where the actual reason why you are filing the complaint (such as signing of an

agreement or payment of a bill) partially or fully occurred within the state.

The State Consumer Court also has the powers to transfer a case from one District Consumer Forum to another Forum provided there is such a request or it is in the interest of the law.

If you are not satisfied by the verdict from the State Consumer Court, you can appeal in the National Consumer Disputes Redressal Commission, within a period of 30 days. If a verdict has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.35000/-, whichever is lesser.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION:

The National Consumer Court must ordinarily be functioning in New Delhi and is presided over by a person who is currently or has been in the past a judge of the Supreme Court. The President of the National Consumer Disputes Redressal Commission (NCDRC) is appointed by the Central Government after consultation with the Chief Justice of India. The National Consumer Commission has a minimum of four other members and is appointed by a committee chaired by a Supreme Court judge as recommended by the Chief Justice of India. Members of the NCDRC can have a term of up to five years or up to 70 years, whichever is earlier.

If your complaint seeks more than one crore rupees of compensation from a company, then the National Consumer Commission has the pecuniary jurisdiction over your complaint. For more details on how to file a complaint with the National Consumer Court, please refer to our article about filing complaints in consumer courts. The National Consumer Court handles five types of complaints:

Complaints that has been sought or need to be transferred from one State Consumer Commission to another in the interest of justice.

Appeals from State Consumer Disputes Redressal Commissions

Consumer complaints that occurred in India, except in the State of Jammu and Kashmir

Cases from State Consumer Commissions where there has been accusations or proof

of material irregularity or illegal activities

Cases where ex-parte (where verdicts have been passed in the absence of either parties) orders have to be set aside.

If you are not satisfied by the verdict from the National Consumer Court, you can appeal in the Supreme Court, within a period of 30 days. If a verdict has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.50000/-, whichever is lesser.

PENALTIES: Where a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission, as the case may be, such person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years, or with fine which shall not less than 2,000/- rupees but which may extend to 10,000 rupees, or with both. In exceptional circumstances the penalties may be reduced further.

A CHART SHOWING THE THREE CONSUMER REDRESSAL AGENCIES:

SL

N

O

PARTICULA

RS or

AGENCIES

DISTRICT

FORUMS

STATE

COMMISSION

NATIONAL

COMMISSION

1. Constitution Set up by the

state

government.

Set up the State

Government.

Set up the Central

Government.

2. Composition It has a

president & 2

members ( one

of whom must

be a women).

It has a president &

2 members (one of

whom must be a

women.

It has a president and 4

members ( one whom must

be a women.

3. Appointment It is made by It is done by the It is done by the centrals

state govt on

the advice of a

selection

committee. The

selection

committee a

chairman & 2

members. The

chairman is the

president of

the state

commission &

one member is

the secretary in

the law dept of

the state & the

another

member is the

secretary in the

consumer affair

of the state.

state govt on the

advice of a selection

committee. The

president is

appointed after

consulting the chief

justice of High

Court. The

composition of the

selection committee

is same as in case of

the district forum.

govt on the advice of a

selection committee. The

president is appointed after

consulting the chief justice

of India. The selection has

a chairman & 2 members.

The chairman is the judge

of the SC & one member is

the secretary in the Central

Law Dept and another

member is the secretary in

the central consumer affair

dept.

4. Qualification The president

must be a

qualified judge

of the district

The president must

be aqualified judge

of the High Court.

The composition of

The president must be a

qualified judge of the

Supreme Court. The

qualification of the other 4

court, and the

other members

must have the

ability and have

a through

knowledge of

commerce,

economics ,acc

ounts , law ,

industry ,

public affair.

the selection

committee is same

as in case of the

district forum.

members is the same as in

case of state commission.

5. Period of office Every member

of this forum

must hold the

office for a

period of 5

years and there

shall be a no re-

appointment.

Every member of

this forum must hold

the office for a

period of 5 years

and there shall be a

no re-appointment.

Every member of this

forum must hold the office

for a period of 5 years and

there shall be a no re-

appointment.

6. Terms of

service

The salary and

other terms

fixed by the

State Govt.

The salary and other

terms fixed by the

State Govt.

It is all fixed by the Central

Govt.

7. Justification Amount of

compensation

is upto Rs.20

lakhs.

Amount of

compensation is

above Rs.20 lakhs

and up to Rs.1.crore

and appeals against

the orders of the

district forum.

Amount of compensation

of Rs. 1 crore and appeals

against the orders of the

State Commission.

8. Who shall give

complaint

a) The

buyer.

b) Any

recogni

zed

consum

er

associat

ion.

c) The

central

or state

govt,

a) The

buyer.

b) Any

recogniz

ed

consume

r

associati

on.

c) The

central or

state

govt,

a) The buyer.

b) Any

recognized

consumer

association.

c) The central

or state

govt,

9. Treatment of

complaint

Refer the points

below this

table.

Refer the points

below this table.

Refer the points below this

table.

10. Power It has the power

a civil court.

It can issue one

of or more of

the following

orders.

1) To

replace

the

goods.

2) To

remove

the

defects

in the

goods

or

services

.

3) To

repay

the

price.

4) To pay

compen

It has the power a

civil.

It has the power a civil.

sation

5) To

disconti

nue

UTPs.

6) To stop

the sale

of

hazardo

us

goods.

11 Appeal It can be only in the state commission within 30 days from the date of the order.

It can be only in the

national commission

within 30 days from

the date of order.

It can be only in the

supreme court within 30

days from the date of the

order.

TREATMENT OF COMPLAINT:

1) MEANING:

A complaint in relation to any goods sold or delivered or agreed to be sold

or delivered or any service provided or agreed to be provided may be filed with a

District Forum by –

(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

(b) any recognised consumer association whether the consumer to whom the

goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or

(d) the Central Government or the State  Government, as the case may be,  either in its individual capacity or as a representative of interests of the consumers in general.  

2) WHAT CONSTITUTES A COMPLAINT?

Under the Act, a complaint means any allegation in writing made by a

complainant in regard to one or more of the following:-

Any unfair trade practice as defined in the Act or restrictive trade practices

like tie-up sales adopted by any trader

One or more defects in goods. The goods hazardous to life and safety, when used, are

being offered for sale to public in contravention of provisions of any law for the time

being in force

Deficiencies in services:

A trader charging excess of price that is

Fixed by or under any law for the time being in force or

Displayed on goods, or

Displayed on any packet containing such good.

3) WHO CAN FILE A COMPLAINT?

The following can file a complaint under the Act:-

A consumer

Any voluntary consumer organization registered under the Societies

Registration Act, 1860 or under the Companies Act, 1956 or under any other

law for the time being in force

The Central Government

The State Government or Union Territory Administrations

One or more consumers on behalf of numerous consumers who are having the

same interest.

4) WHERE TO FILE A COMPLAINT?

If the cost of goods or services and compensation asked

for is up to rupees five lakhs, then the complaint can be filed in the District

Forum, which has been notified by the State Government for the district where

the cause of action has arisen or where the opposite party resides. A complaint

can also be filed at a place where the branch office of the opposite party is

located.

If the cost of goods or services and compensation asked for is

more than rupees five lakhs, but less than rupees twenty lakhs then the

complaint can be filed before the State Commission notified by the State

Government or Union Territory Concerned.

If the cost of goods or services and compensation asked for

exceed rupees twenty lakhs then the complaint can be filed before the National

Commission at New Delhi.

5) HOW TO FILE A COMPLAINT?

Procedures for filing complaints and seeking redressal are simple.

There is no fee for filing a complaint before the District Forum, the State

Commission or the National Commission. A stamp paper is also not required.

There should be 3 to 5 copies of the complaint on plain paper.

The complainant or his authorized agent can present the

complaint. The complaint can be sent by post to the appropriate Forum /

Commission. A complaint should contain the following information:-

The name, description and the address of the complainant.

The name, description and address of the opposite party or parties, as the case

may be, as far as they can be ascertained.

The facts relating to complaint and when and where it arose.

Documents, if any, in support of the allegations contained in the complaint.

The relief, which the complainant is seeking.

The complainant or his authorized agent should sign the complaint.

The complaint is to be filed within two years from the date on which cause of

action has arisen.

6) RELIEF AVAILABLE TO THE CONSUMERS:

Depending on the nature of relief sought by the consumer and

facts, the Redressed Forums may give orders for one or more of the following

relieves:-

Removal of defects from the good

Replacement of the goods

Refund of the price paid

Award of compensation for the loss or injury suffered

Removal of defects or deficiencies in the services

Discontinuance of unfair trade practices or restrictive trade practices or

direction not to repeat them,

Withdrawal of the hazardous goods from being offered to sale, or

Award for adequate costs to parties.

7) REMEDIES OF THE CONSUMER PROTECTION ACT, 1986

The Act provides following remedies to an aggrieved consumer:

Removal of defects in goods or deficiency in service. Replacement of defective goods with new goods of similar description which shall be

free from any defect. Return of price paid by the consumer. Payment of compensation for any loss or injury suffered by the consumer. Discontinue the restrictive, or unfair trade practice, and not to repeat it. Withdraw the hazardous goods from being offered for sale and not to offer them for

sale.

Provide for adequate cost to the aggrieved party.

The Consumer Production Act provides for a three tier system of redressed agencies: one at district level known as District Forum, second at state level known as 'State Commission', and third at national level known as 'National Commission'. A complaint is to be made to the district forum of the concerned district where the value of goods and services and compensation, if any, is up to Rs 20 lakhs, to the 'State Commission' between Rs 20 lakhs and Rs 100 lakhs, and to the National Commission for more than Rs 100 lakhs. Interestingly, there is provision for appeals against the orders of a particular redessal forum by the aggrieved party before the next higher echelon and even from the findings of the National Commission before the Supreme Court.

CASE STUDIES OF CONSUMER PROTECTION ACT:

1) Manchester United case study:

How standards have helped to make Old Trafford a theatre of dreams for football fans Traditionally, the match day experience for a football supporter with a disability ranged from difficult to downright unpleasant. Seating areas that offered poor views and exposure to the elements were common, while gaining access to grounds and their facilities could prove quite an ordeal.Phil Downs, Manchester United's disability liaison officer (DLO) and chairman of the National Association of Disabled Supporters (NADS), explains how standards used at Old Trafford have helped to:

revolutionise match days for supporters with disabilities

give more supporters with disabilities access to live football

influence the design and build of other stadia.

Setting standards at Old Trafford: Facilities for supporters with disabilities at Manchester United's Old Trafford stadium are widely regarded as the best in the country, setting standards for other clubs to follow. Over the past 15 years, the club has progressively improved its provisions and now provides more than 100 wheelchair accessible spaces with clear sightlines for supporters with disabilities.

Phil says: "Most clubs now aspire to what we have achieved. The club takes the issue very seriously - to the point of being the first to formally appoint a disability liaison officer in 1995. The club has made sure that, as DLO, from an early stage, I've been fully involved in modifications to the stadium. "Within the framework provided by BS 8300:2001 - the standard that concerns the design of buildings and their approaches to meet the needs of people with disabilities - I've

been responsible for working with architects to make sure the changes the club makes take account of the needs of our disabled supporters. "There are 20 places for people with a visual impairment [plus 20 places for helpers], who can also listen to commentary from Manchester United Radio. In addition, the club has 21 places for the ambulatory disabled, all with adjacent helper seats." Old Trafford contains an exclusive area with specially designed catering facilities, a dedicated entrance to the ground and a guaranteed parking-permit scheme for supporters with disabilities in an area within metres of the stadium.

Phil says: "There is no doubt that implementing standards has enabled more people with disabilities to enjoy their match day experience. What we have found is that when there are good facilities, people will come. The more facilities we've added to Old Trafford, the more oversubscribed we've become." As DLO, Phil looks after the interests of supporters who use wheelchairs and have ambulatory issues, visual impairments and learning difficulties, covering both the club's home and away matches. Along with the structural changes to the stadium to improve access and sightlines, the club provides an audio description of games via a radio channel for fans with visual impairments. And the Ability Suite - an exclusive area on match days for supporters with disabilities, developed by the club in association with Vodafone - is used during the week for community and social activities. Costing £150,000 to build, the facility opened in 2003.

Best practice through accessible stadia guidelines: As chairman of NADS, Phil also plays a major role in promoting standards for accessibility in the design and build of new stadia. Following the Hillsborough disaster in 1989, recommendations regarding stadia were made in the Taylor Report [1990]. A Football Task Force report and NADS brought these together with the Football Stadia Improvement Fund to create the Accessible Stadia guidelines - a proposed 'gold standard' for new builds. The guidelines brought together practical experience and formal standards, including BS83000:2001 (which covers building design with disability access in mind), the Guide to Safety at Sports Grounds 1997 (known as the 'Green Guide'), and the Disability Rights Commission code. The resulting Accessible Stadia guidelines have been accepted as the new rule book, to the extent that they were formally integrated into new building regulations in 2004. The guidelines cover transport and stadium access, information and signage, parking, ticketing and entrances, movement and circulation and accessibility of facilities.

Phil says: "We wanted to standardize what was to be regarded as 'acceptable facilities', drawing together a variety of standards and best practice. Before that, there wasn't official qualification of what was good and what wasn't. "We were able to chip away at it over a number of years. There was a genuine will

among clubs to make a difference to disability issues, but they were moving in different directions. The guidelines themselves - and their subsequent introduction into law - have made a significant difference to new stadium builds."

2) Brent River Park case study:

How ISO 14001 helped Brent Council Regenerate Brent River Park for the local community Brent River Park has been redeveloped significantly over the past six years. A consultation in 1999 found that more than 75 per cent of local residents wanted the site regenerated. Brent Council drew up a plan the following year, and in 2004, an official reopening ceremony marked completion of a £1.37m regeneration project.The programme was managed from start to finish using environmental-management standard ISO 14001. ISO 14001 requires the council to work with communities to address activities that might have a negative environmental impact, consult on and develop an environmental policy, and continually refine it. Ros Baptiste, a local resident for more than 24 years and a member of voluntary organization Friends of Brent River Park, explains how the project and council's use of ISO 14001 principles:

made the park more accessible and useful for residents

increased security and the perception of safety

built better relationships between local people and the council.

Regenerating the park for public use: The regeneration involved seven partnerships, all of which needed to be managed. ISO 14001 helped the council define and steer these relationships. Brent Council and the Environment Agency took the lead, working with the UK River Restoration Centre, engineering consultancy Halcrow, Groundwork West London, Alperton Millennium Volunteers, Thames 21 and the Friends of Brent River Park.

Ros Baptiste says: "I got involved for my kids. I wanted the park to be part of their future. It's cleaner now and used much more. There's something for everyone. The circular walkway is great for adults for exercise and relaxation, the skateboarding park is for the youngsters and we're looking to get funding for a cricket pitch. "With all the new facilities, I can see a lot more families using the park now. People used to use it as a shortcut, but now they're stopping for much longer. My daughter uses it for riding her bike and comes through on her way back from school. "We get to see a lot more of the birds - they use the park as a stop-off point when

migrating. I'm no ornithologist, but I love to see them."The council's annual parks survey - an important part of its ongoing commitment to consulting with residents and managing parks to ISO 14001 standards - shows increased satisfaction levels among residents. Cleanliness within the park was rated eight out of ten (with ten being the highest) by survey respondents in 2005 - a two-point increase over the 2002 figure. The quality of flowers was 7 (a one-point improvement on 2002). The estimated number of visits each year has risen sharply to more than 1.7 million, with more than half respondents visiting at least once or twice per week.

Making the park safer: Previously, Brent River Park was not viewed as safe, partly because it was a home to drug users. An additional footbridge was installed to encourage people to use the park as a thoroughfare, covered by CCTV cameras to make residents feel safer.

Ros Baptiste says: "The park was used as a shortcut but it wasn't particularly well lit. The wildlife area at the far end of the park used to attract drug users. Now it's safer, more people are happy to use the park as a shortcut to local retailers." The council's ongoing survey shows that the perception of security has improved. A rating of five out of ten in 2002 ('fair') has increased to a seven in 2005. Keeping residents involved: Communicating an environmental-management policy effectively is one of the key elements of ISO 14001. During the Brent River Park project, the council was keen to keep a strong two-way dialogue going.

Ros Baptiste says: "The council was very good. There were some things that I thought they wouldn't take any notice of, but they did. At times, there were differences of opinion about how funding should be used, but it was always talked through and explained to us. Often we were given options to choose from. "Communication was excellent throughout the process. The council actively encouraged involvement - there were many public meetings and residents were involved from the start." The park's ongoing management is guided by ISO 14001. The council's parks service manages a comprehensive grounds maintenance provision which includes the design, construction, development and maintenance of hard and soft landscape features, advice and consultancy for nature conservation, horticulture, tree surgery, sports and allotment lettings, events management, facilities management and security services.

3) Matta Products case study:

BS 1177 reduces the number of serious injuries in children's play areas.

Formed in 1992, Middlesex-based market leader Matta Products (UK) manufactures, supplies and installs safety mat systems for children's sports and play areas. The company has been responsible for thousands of installations nationwide, including work for numerous local authorities.Its safety surfacing product, Safety Matta, is BS 1177-compliant. The standard specifies the requirements for children's playground surfacing and the methodology for its testing. Victoria O'Brian of Matta Products explains how standards help her company to:

reduce the chances of children hurting themselves when falling from play equipment

limit the chances of a child sustaining a serious injury.

Playground injuries: It has been estimated that each year in the UK more than 150,000 accidents take place in children's playgrounds. Most of these are minor mishaps - at worst leading to a bumped head, bruised elbow or grazed knee. However, hospital treatment is required in around 40,000 cases.

Victoria says: "Playground accidents happen for numerous reasons. These include poor equipment design or installation, insufficient maintenance, failure to comply with standards, hazardous layout, lack of supervision, improper use of equipment, unsuitable clothing and excessive weather conditions. When a child falls, our surfacing products reduce the risk of serious injury."

The legal backdrop: Increased awareness, health and safety regulations and threat of legal action have led local authorities and businesses to upgrade safety at playgrounds and sports and leisure facilities.

Victoria says: "Those responsible for playgrounds risk being sued for negligence if they fail to take reasonable care to ensure safety and limit the chance of accidents they could reasonably have foreseen." Although there is no legislation relating directly to safety in children's playgrounds, relevant Acts of Parliament include Occupier's Liability Act (1957), Health and Safety at Work Act (1974), Management of Health and Safety at Work Regulations (1999), Consumer Safety Act (1978) and the Consumer Protection Act (1987).Although they do not provide immunity from legal action, courts frequently look for

standards compliance as evidence of good practice.

Victoria says: "Two standards are most relevant to children's playgrounds. BS EN 1176 is concerned with playground equipment, while BS EN 1177 concerns impact-absorbing surfaces."

Increasing safety through standards: Without doubt, there would have been many more severe injuries if not for the giant steps that have been made in recent decades in playground equipment and safety surfacing. Standards help to ensure the quality of products in compliant children's playground remains high.

Victoria says: "Many accidents involve children falling to the ground from play equipment. BS 1177 won't prevent the fall - BS 1176 [the technical standard for the safety of equipment] might - but once the child impacts with the ground, BS 1177-compliant surfacing reduces the likelihood of serious injury. "Whereas once a child might have fallen on concrete or hard ground, our standard-compliant product cushions the blow, thereby reducing risk of serious injury."The surface's impact-absorbing performance needs to have a 'critical height' in excess of the maximum potential fall height. Critical height is the maximum height at which a head-first fall would be unlikely to result in critical cranial injury. As has been confirmed by independent testing, the critical height of Safety Mattas is 2.7 metres." Mattas has invested heavily in research and development to ensure the products it offers are of excellent quality and fully comply with European and British standards.

Victoria says: “When it comes to the safety of children, we take our role as playground safety surfacing specialists very seriously. Standards are a vital part of our success."

CONCLUSION:

The scope of the Consumer Protection Act is widening in the society which is pro to globalization, industrialization and Privatization. So the Legislature has taken all the possible steps by making timely amendments to the Act in accordance with the needs of time. In fact all the amendments made to the Consumer Protection Act by the 2002 Amendments aim at furthering the efficiency of the Act and doing away with procedural delays which render the consumers disillusioned and dissatisfied. These Amendments have been fruitful in providing protection to the consumers in the real sense of the term and served the purpose of the Act.

It is hoped that further amendments would aim at even more efficiency and render the position of the consumers much stronger in this era of globalization and privatization

where the sudden unchecked advent of Multi National Companies has to be balanced with the protection of the rights of the consumers by the legislature and the judiciary. Invariably, consumers are a vulnerable lot for exploitation, more so in a developing country with the prevalence of mass poverty and illiteracy. India too is no exception to it. Instances like overcharging, black marketing, adulteration, profiteering, lack of proper services in trains, telecommunication, water supply, airlines, etc are not uncommon here.

From time to time, the government has attempted to safeguard consumer's interests through legislations and the CPA 1986 is considered as the most progressive statute for consumer protection. Procedural simplicity and speedy and inexpensive redressal of consumer grievances as contained in the CPA are really unique and have few parallels in the world. Implementation of the Act reveals that interests of consumers are better protected than ever before. However, consumer awareness through consumer education and actions by the government, consumer activists, and associations are needed the most to make consumer protection movement a success in the country.