CONSUMER PROTECTION ACT-1986

INTRODUCTION

• The law relating to consumer protection iscontained in the Consumer Protection Act ,1986.

• United nations resolution - April 1985• The Consumer Protection Act-1986 &

enforced from 10th June 1987 in India• Aimed at providing simple, quick, and cheaper protection of consumers interest

Objectives of the act

• Better protection of interests of consumers

• Protection of rights of consumers: -Right to be protected against marketing of

goods or services which are hazardous to life andproperty

-To be informed about the quality, quantity, purity, standard and price of goods orservices so as to protect the consumers againstunfair trade practices

Cont….

-The right to be assured, where ever possible, access to goods and services at competitive prices

- The right to be heard and to be assured thatconsumers interest will receive due considerationat appropriate forums

- The right to seek redresses against unfair trade

practices or exploitation of consumers

Scope of the Act

• Applies to whole India • It is divided in 4 chapters & 31 sections• Applies to all type of goods and services, public utilities & public sector undertakings• All types of complains relating to goods ,unfair trade practice• A suit pending in civil court cannot be heard in consumer court

Who can file complaint

1.The consumer to whom the goods are sold or delivered, or agreed to be sold are delivered , or the service has been provided, or agreed to be provided

2.Any recognized consumer association, regardless of whether the consumer is a member of such association or not

Cont…

3.One or more consumer , where thereare numerous consumer having the sameinterest with permission of the districtforum on behalf of or for the benefitof all consumer so interested.

4.The state or central govt. either itsindividual capacity or as a representative of the interest of the consumer in general.

CONUMER DISPUTE REDRESSAL AGENCIES

• U/Sec.9 Forum & commissions are formed for filing complain.

• District forum headed by District judge, jurisdiction-district

• State Commission headed by Judge of High Court, jurisdiction- whole state

• National Commission headed by Chief Justice Of India, jurisdiction-entire nation.

WHERE TO FILE A COMPLAINT?

• District Forum- If the cost of goods or services and compensation asked for is up to Rs. 20 lakh ,the district where the cause of action has arisen or where the opposite party resides

• State Commission - If the cost of goods or services and compensation asked for is more than rupees 20 lakh , but less than rupees 1 Crore

• National Commission at New Delhi. - If the cost of goods or services and compensation asked for exceed rupees 1 Crore

PROCEDURE OF FILING COMPLAINT

1. Notice to the Opposite Party.2. Prepare the consumer complaint in the required format3. Get the complaint affidavit notarized through a notary.4. Submit the complaint and court fee to the receiving clerk in

the consumer court who will give you the date for admission hearing and complaint reference number

5. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing.

6. The court will send a notice & complaint copy to the opposite party seeking reply within 30 days

PROCEDURE OF COMPLAINT

8.Where complaint alleges a defect in the goods which cant be determined without proper analysis, the forum/commission send it to the laboratory to find out whether there is any defect in it or not?

9. The hearings will continue till the matter is decided.

10. The complaint should be decided within 90 days

Appeals

Sec.27 - Appeal:District Forum – State CommissionState Commission – National CommissionNational Commission – Supreme Court

TIME LIMITATION TO FILE COMPLAIN • Sec. 24A of the Act provides that a

consumer dispute can be filed within 2 years from the date on which the cause of action arises.

• Appeals are require to be filed within 30days from the date of receipt of thecourt's order

HOW TO FILE A COMPLAINT?

• Fee for Dist. Forum:-• Up to Rs. 1 lakh-Rs. 100• Above Rs. 1 lakh but less than 5 lakh-Rs. 200• Above Rs. 5 lakh but less than 10 lakh-Rs. 400• Above Rs. 10 lakh but less than 20 lakh-Rs.

500

Relief to Consumers

• repair of defective goods.• Replacement of defective goods• Refund of price paid for defective good/services• Removal of deficiency in service• Refund of extra money charge• Withdrawal of goods hazardous to life • Compensation for the loss due to negligence of

opposite party.

PENALTIES

• If trader fails to follow the order then he shall be punishable with min. 1 month up to 3yrs with fine of min.Rs.2000 up to Rs.10000

• If frivolous complaint is filed then it shall be dismissed & complainant is penalized to pay the cost incurred buy opposite party (not more than Rs.10000)

COMPLAINT FORM

• In the complaint case no………………112/10…………. ……………………………………

• Before the Hon’ble District Forum……at Thane……………………………

• Name & address of complainant/complainant………Mahesh Patil …………….... versus• Name & address of opposite party/parties…………Ajinkya Dudhalkar ...….

• I/we, the above named complainant/complainants respectfully state before the Hon’ble Forum/Commission the complaint as follows:

…………………..contensions……………………………………………………………………………………….………………………………………………………………………………………………………………………

• It is therefore prayed:-(i) That opposite party be directed to refund the amount paid by

thecomplainant to the tune of Rs………1,00,000……………………………

(ii) Complainant may please be compensated to the tune of Rs…1200………………..for the mental agony and harassment caused to him/her in the due course

(iii) Cost of litigation may also be awarded suitably.

……………………… Signature of Complainant• Place:.……Thane………….. .......................................• Date:……12-4-10….. (Name of

Complainant)

• I……Mahesh S/o Abhay patil……..aged……24…..the above named complainant do hereby solemnly declare that the particulars stated

above are true to the best of my knowledge and belief and nothing has been concealed therein. I further certify that annexure I,II and III appealed to the complaint are the true copies of original documents.

• Verified at…Thane..this day ...12th. Of..Apl 2011

(a)……Annexure I Signature of Complainant (b)……Annexure II (c)……Annexure III (Name of the complainant/Deponent)

conclusion

• Consumer protection act provide for better protection of the interest of consumer and for that purpose to make provision for the establishment of the consumer councils and other authorities for settlement on consumers disputes and for matters connected there with.

Presented by:-

• Mahesh Rajurkar Roll No.1• Rini Awsthi Roll No.3• Sujay Jadhav Roll No.34• Prashant Datte Roll No.36• Sarika Shitole Roll No.35• Ajinkya Dudhalkar Roll No.28• Govind Duragkar Roll No.43

THANK YOU