THE CONSUMER PROTECTION ACT, 1986

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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

Page 1: THE CONSUMER PROTECTION ACT, 1986
Page 2: THE CONSUMER PROTECTION ACT, 1986

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

Any 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 purpose

But does not include a person who avails of such services for commercial purpose

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Person who buys goods or avails of services for consideration

Consideration maybe fully or partially paid, fully or partially promised to be paid

Legal heir of a consumer in case of death of a consumer is also a consumer

CONSUMER CONSUMER OF GOODS

CONSUMER OF SERVICES

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RIGHTS

Against Hazardous

GoodsTo

Information About

Product

To Access Goods At

Competitive Price

To Be Heard

To Redressal

To Education

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PROTECTION AGAINST

Unfair Trade Practice

Restrictive Trade

Practice

Defects

Deficiencies

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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 another’s goods or services

Falsely claiming a sponsorship, approval or affiliation

Offering misleading warranty or guarantee

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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

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Which 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

DEFECT

FAULT

IMPERFECTION

SHORTCOMING

QUALITY

QUANTITY

POTENCY

PURITY

STANDARD

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Which 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

DEFIECIENCY

FAULT

IMPERFECTION

INADEQUACY

QUALITY

NATURE

MANNERSHORTCOMING

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KINDS

Unfair/Restrictive Trade Practice adopted by trader/service provider

Goods bought/agreed to be bought suffer from one or more defects

Services hired/availed or agreed to be hired/availed suffer from deficiency

Price charged in excess of quoted price

Goods/services are hazardous/likely to be hazardous to life & safety when used

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WHO CAN FILE

Consumer

Voluntary Consumer Association

Central or State Government

Consumers having common interest

Legal heir / representative in case of

death of consumer

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Procedure 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

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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

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Central Consumer Protection Council

• Central Government establishes Central Consumer Protection Council by notification.

• It consists of• a. Minister-in-charge of

consumer affairs in the Central Govt. as Chairman.

• b. Such other official/non-official members representing interest as may be prescribed.

• The Council shall consist of 150 members and the term of the council shall be 3 years.

• The Council meeting must be held as and when necessary but at least once every year

• The object of the Council is to promote and protect the rights of the members

State Consumer Protection Council

• State Government establishes the State Consumer Protection Council by notification.

• It consists of • a. Minister-in-charge of

consumer affairs in the State Government as Chairman.

• b. Such other official/non-official members representing interests as may be prescribed by the State Government.

• c. Such number of official and non-official members as may be prescribed by the Central Govt.

• The council meetings must be held as and when necessary but at least two meetings must be held every year.

District Protection Council

• State Government establishes for every district, a District Consumer Protection Council by notification.

• It consists of• a. The Collector of the district,

who shall be its chairman.• b. Such number of other

official and non-official members representing such interest as may be prescribed.

• The Council meetings must be held as and when necessary but at least two meetings must be held every year.

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S.9 of the Act provides for the following agenciesNATIONAL COMMISSION

STATE COMMISSION

DISTRICT FORUM

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Constitution of the Three Tier Redressal Agency

• District Judge (present or past) to be its President.

• Two other members of knowledge and experience, one of them being a woman.

• Office bearers to hold office for 5 years or upto 65 years whichever is earlier and shall be eligible for re-appointment .

• Any member can resign by giving notice.

• State Govt. may prescribe the salary or honorarium and terms and conditions of service.

District Forum

• Judge of High Court (present or past) to be its President.

• Two other members of knowledge and experience, one of them being a woman.

• Office bearers to hold office for 5years or upto 67 years whichever is earlier and shall be eligible for reappointment.

• Any member can resign by giving notice.

• State Govt. may prescribe the salary or honorarium and terms and conditions of service

State Commission

• Judge of Supreme Court (present or past) to be its President.

• Four other members of knowledge and experience, one of them being a woman.

• Office bearers to hold office for 5 years or upto 70 years whichever is earlier and shall be eligible for reappointment.

• Any member can resign by giving notice.

• Central Govt. can prescribe the salary or honorarium and terms nd conditions of service.

National Commission

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DISTRICT FORUMValue of Goods/Services < Rs.20 lakhs

STATE COMMISSIONValue of Goods/Services > Rs.20 lakhs but < Rs.1 crore

NATIONAL COMMISSIONValue of Goods/Services > Rs.1 crore

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COMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE

OF ACTION

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Remedies Sec 14• The 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 him’4. To award compensation to consumer for any loss or injury suffered due to negligence of opposite party.5. To remove deficiency in services6. To discontinue UTP/RTP7. Not to offer hazardous goods for sale8. To withdraw hazardous goods offered9. To provide adequate costs to the parties

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FORUM VALUE OF GOODS/SERVICES COMPENSATION

FEES (RS.)

NATIONAL Above Rs.1 crore 5000

STATE 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 lakhs

100200400500

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