THE CONSUMER PROTECTION ACT, 1986

download THE CONSUMER PROTECTION ACT, 1986

of 22

  • date post

    24-Feb-2016
  • Category

    Documents

  • view

    191
  • download

    0

Embed Size (px)

description

THE CONSUMER PROTECTION ACT, 1986. PROF NEHA SAJNANI. CONSUMER. S.2 (1) (d) : Any Person who. Buys any Goods. Hires/Avails of any Service. For a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includes. - PowerPoint PPT Presentation

Transcript of THE CONSUMER PROTECTION ACT, 1986

Slide 1

THE CONSUMER PROTECTION ACT, 1986PROF NEHASAJNANI

CONSUMERS.2 (1) (d) : Any Person whoBuys any GoodsHires/Avails of any ServiceFor a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includesAny User of such Goods, other than the person who buys the goods for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such use is made with the approval of such person Any Beneficiary of such Services, other than the person who hires / avails of the services for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such services are availed with the approval of such person But does not include a person who obtains such goods for resale / commercial purposeBut does not include a person who avails of such services for commercial purpose

CONSUMERCONSUMERCONSUMER OF GOODSCONSUMER OF SERVICES

RIGHTS OF CONSUMER

CONSUMER PROTECTION

UNFAIR TRADE PRACTICE Adopting unfair methods or deception to promote sale, use or supply of goods or services. Misleading public about price (e.g. bargain price when it is not so) Charging above MRP printed Misleading public about anothers goods or services Falsely claiming a sponsorship, approval or affiliation Offering misleading warranty or guarantee

RESTRICTIVE TRADE PRACTICE Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition Supplying only to particular distributors or on condition of sale only within a territory Delaying in supplying goods/services leading to rise in price Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services

DEFECTSWhich is required to be maintained by or under any law for the time being in force OR under a contract, express/implied or as is claimed by the trader in any manner whatsoever in relation to any goods

DEFICIENCYWhich is required to be maintained by or under any law for the time being in force OR has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service

COMPLAINTS

COMPLAINTS

CONSUMER DISPUTES REDRESSAL AGENCIESProcedure for Filing Complaint:-Complaint must be accompanied by feeForm may be admitted or rejected within 21 daysOn Admission a copy shall be referred to opposite party within 21 daysOpposite party is given 30 days to give his version (An additional 15 days may be granted)Where testing is required, sample to be sent within 45 days with deposit of laboratory fees by complainantCopy is also forwarded to opposite party for information & replyForum gives both parties opportunity to be heardForum will pass necessary orders

CONSUMER DISPUTES REDRESSAL AGENCIES

Complaint Application Form should contain:-

Name & Full Address of Complainant Name & Full Address of Opposite Party Description of Goods or Services Quality & Quantity Price Date & Proof of Purchase Nature of Deception Type of Redressal Prayed for

CONSUMER DISPUTES REDRESSAL AGENCIES

Constitution of the Three Tier Redressal Agency

JURISDICTION

CONSUMER DISPUTES REDRESSAL AGENCIESCOMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE OF ACTION

Remedies Sec 14The District Forum/State Commission/National Commission may pass one or more of the following orders :1. To remove defects pointed out by the laboratories2. To replace the defective goods3. To return to the complainant the price or charges paid by him4. To award compensation to consumer for any loss or injury suffered due to negligence of opposite party.5. To remove deficiency in servicesTo discontinue UTP/RTPNot to offer hazardous goods for saleTo withdraw hazardous goods offeredTo provide adequate costs to the parties

FILING FEESFORUMVALUE OF GOODS/SERVICES COMPENSATIONFEES (RS.)NATIONAL Above Rs.1 crore5000STATE Above Rs.20 lakhs upto Rs.50 lakhs Above Rs.50 lakhs upto Rs.1 crore

20004000

DISTRICT Upto Rs.1 lakh Above Rs.1 lakh upto Rs.5 lakhs Above Rs.5 lakhs upto Rs.10 lakhs Above Rs.10 lakhs upto Rs.20 lakhs10020040050020

21

THANKYOU