CONSUMER PROTECTION
ACT, 1986
CONSUMER PROTECTION ACT, 1986
It aims at providing better protection of the interests
of the consumers.
Act applies to whole of India except Jammu and
Kashmir.
The Act applies to all goods and services unless
expressly exempted by the Central Government by
notification.
Consumer RightsSafety
Education
Choose Information
Redressal
Heard
Objectives of CPA, 1986
SALIENT FEATURES OF CPA
The Right to Safety - The right to be protected against marketing of goods and services, which are hazardous to life and property.
The Right to be Informed - The right to be informed about the quality, quantity, purity, standard and price of the goods or services so as to protect consumers against unfair trade practice.
The Right to Choose - The right to be assured access to a variety of goods and services at competitive prices.
The Right to be Heard -The right to be heard and to
be assured that consumers’ interests will receive due
consideration at appropriate authority.
The Right to Redress - The right to seek redressal
against unfair trade practices or restrictive trade practices
or unscrupulous exploitation of consumers.
The Right to Consumer Education - The right to
acquire the knowledge and skills to be an informed
consumer.
WHO IS A CONSUMER ?
Any person who buys goods or avails services for
consideration
Consideration may be fully paid, partially paid or
fully promised to be paid or partially promised to be
paid
Any body who uses the goods or services with the
consent of the consumer
WHAT IS A COMPLAINT?
• An allegation in writing by a complainant
that:
• An unfair or restrictive trade practice is practised by
trader or service provider
• Goods bought or to be bought or services hired or to
be hired suffered from any deficiency
• Trader or service provider has charged excess price
• Goods and services are hazardous or are likely to be
hazardous to life and safety.
WHAT IS A DEFECT ?
Fault
Imperfection
Shortcoming
In the
Quality
Quantity
Potency
Purity Or
Standards
Which is required to be maintained by or under
any law for the time being in force
CONSUMER DISPUTE REDRESSAL
AGENCIES
1) A Consumer Dispute Redressal Forum at the District
level.
2) A Consumer Dispute Redressal Commission at the
State level.
3) A National Consumer Dispute Redressal
Commission at national level.
JURISDICTION
Forum / Commission Where the value of the goods or
services and the compensation, if any
claimed,
District Forum Does not exceed Rs. 20 lakhs
State Commission Rs. 20 lakhs and above but not
exceeding One Crore
National Commission Above One Crore
FILING OF COMPLAINTS
A complaint may be filed by
a) The consumer to whom the goods are sold or
services are provided
b) Any recognised consumer association
c) One or more consumers with same interest
d) The central government or state government
FILING OF COMPLAINTS
The Fee for filing the Complaint for the district forum is as under
Sr.
No.
Value of Goods / Service and Compensation Amount
of Fees
1) Upto Rs. 1 lakh rupees Rs. 100
2) Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 200
3) Rs. 5 Lakhs and above but less than Rs. 10 lakhs Rs. 400
4) Rs. 10 lakhs and above but less than Rs. 20 lakhs Rs. 500
The fees shall be paid by Cross demand Draft drawn on a nationalized
bank or through crossed Indian postal order drawn in favour of the
Registrar of the Sate Commission and payable at the place of the State
Commission .
Mode for filing a Complaint?
In person
Through agent/lawyer
By Registered Post A.D.
LIMITATION PERIOD
Within two years from the date on
which the cause of action has arisen.
PENALTIES
Punishable with imprisonment for a term which shall not
be less than one month but which may extend to three
years
Fine which shall not be less than two thousand rupees but
which may extend to ten thousand rupees
Or with both.
CHETAN PRAKASH
VS.
MET INSTITUTE OF COMPUTER SCIENCE
CASE STUDY
Prakash was in final year of BSc when he sought admission
in the institute for MCS
The institute had stipulated that in order to pursue the MCS
course, student has to clear III year exams
He deposited the fees before declaration of result
Seeing that he had failed in exams, he tried to withdraw the
admission and requested for a refund, to which the institute
did not responded
Finally, he sent a legal notice to the institute, and then
lodged a complaint in the consumer forum.
JUDGEMENTThe institute had to pay the complainant, Chetan Prakash, Rs 32,000
as compensation for harassment along with the course fee of
Rs.62,200.
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