Scribd
Upload
82 views25 pages

Consumer Protection Law - Pptnew

The Consumer Protection Act of 1986 aims to better protect consumer interests and rights in India. It establishes consumer protection councils and a quasi-judicial system for speedy resolution of consumer disputes. There are three levels of consumer disputes redressal agencies - district, state, and national levels - to handle complaints based on the monetary value of the claim. The Act defines key terms and outlines the process for filing and resolving consumer complaints.

Uploaded by

Jerry Toppo
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
82 views25 pages

Consumer Protection Law - Pptnew

The Consumer Protection Act of 1986 aims to better protect consumer interests and rights in India. It establishes consumer protection councils and a quasi-judicial system for speedy resolution of consumer disputes. There are three levels of consumer disputes redressal agencies - district, state, and national levels - to handle complaints based on the monetary value of the claim. The Act defines key terms and outlines the process for filing and resolving consumer complaints.

Uploaded by

Jerry Toppo
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 25

THE CONSUMER PROTECTION

ACT, 1986
 1. The law relating to consumer
protection is contained in the Consumer
Protection Act, 1986
 2. its objects are
 Better protection of interests of consumers
 Protection of rights of consumers
 To provide for consumer protection councils
 To provide quasi-judicial machinery for speedy redressal
of consumer disputes.
 The Act also defines terms like
 CONSUMER who buys goods and services
for a price.
 GOODS means every kind of moveable
property.
 SERVICES
 COMPLAINANT
 COMPLAINT
 DEFECT
 DEFICIENCY
 PERSONS
 CONSUMER DISPUTE
 RTP AND UTP
CONSUMER DISPUTES REDRESSAL
AGENCIES
 There are three such agencies

 District forum

 State commission

 National Commission
DISTRICT FORUM
 1. District Forum is for one or more
district.
 2. A consumer can file his claim if
the limit of the claim is upto Rs. 20 lakhs.
 3. Appeal from the decision of the
District Forum is to be filed within 30 days
of its order to the state Commission.
STATE COMMISSION
 1. A state commission is for one or more
states.
 2. A consumer can file his claim if the
claim is above Rs. 20 lakhs but below one
crore.
 3. Appeal from the decision of the State
Commission can be filed within 30 days of
its order to the National Commission
NATIONAL COMMISSION
 1. National Commission is one for
the whole of India.
 2. A consumer can file his claim if it
is more than Rs. 1 crore.
 3. Appeal from the decisions of the
National Commission can be made in the
Supreme Court of India.
How a complaint is made and dealt
with
 1. A complainant can make a complaint
before the appropriate consumer dispute
redressal agency in relation to any defect in
goods or deficiency in service.
 2. The complaint relating to any goods or
services is given to the opposite party within 21
days to allow him to give his version in 30 days
 3. If the defect in goods needs analysis or
testing by a laboratory, a sample of the goods is
sent to the laboratory for a report within 45
days.
 4. The report is given to the opposite
party.
 5. Complaint shall be decided within 3
months if no laboratory test is required and
within 5 months if the laboratory test is
required.
FINDINS
 The consumer dispute redressal agencies
can arrive at any of these findings
 1. to remove defects
 2. to replace goods
 3. to return the price
 4. to pay compensation
 5. to remove deficiencies in services
 6. to discontinue the unfair trade practice or the
restrictive trade practice.
 7. to withdraw hazardous goods
 8. to cease manufacture of hazardous
goods
 9. to pay such sum as may be determined
by such agency
 10. to issue corrective advertisement
 11. to provide for adequate costs parties.
Rights of Consumers
 1. The right to be protected against
marketing of goods and services which are
hazardous to life and property.
 2. The right to be informed about the
quality, quantity, potency, purity, standard
and price of goods and services so as to
protect the consumers against unfair trade
practices.
 3. The right to be assured ; wherever
possible, access to goods and services at
competitive prices.
 4. The right to be heard : and to be
assured that consumer’s will receive due
consideration at appropriate forum.
 5. The right to seek redressal : against
unfair trade practices or restrictive trade
practices or unscrupulous exploitation of
consumers.
 6. Right to consumer education:
 By publishing material and magazines for the
benefit of consumers , such as magazine like
‘UPBHOKTA JAGRAN’
Important terms
 1. Consumer A:means any person who buys
any goods for consideration under whatever manner
and or procedure.
 B.Means any person hires or avails any services for a
consideration under whatever manner or and
procedure.

 BUT DOES NOT INCLUDE SUCH PERSON IF THEY


OBTAIN OR AVAIL FOR COMMERCIAL PURPOSE

 RESALE IS TREATED AS COMMERCIAL PURPOSE.


SERVICES
 BANKING
 FINANCING
 INSURANCE
 TRANSPORTATION
 PROCESSING
 SUPPLY OF ELECTRICAL OR OTHER ENERGY
 BOARDING OR LEDGING OR BOTH
 HOUSING CONSTRUCTION
 ENTERTAINMENT
 AMUSEMENT
 PURVEYING FO NEWS AND OR OTHER INFORMATION

 BUT DOES NOT INCLUDE ANY SERVICE FREE OF CHARGE


 AND OR CONTRACT OF PERSONAL SERVICE.
 Restrictive Trade Practice “RTP” : like
 Delay beyond the time period as agreed between
parties
 As compulsion or condition precedent to buying

hiring other goods or services.


Unfair Trade Practice
 Misleading advertisements
 Making of false statements
 Permitting publication of any advertisement
for sale at a bargain price
 Permitting the offering of gifts and prizes with
the intention of not providing them
 Not conforming to prescribed standards
CONSUMER DISPUTES REDRESSAL AGENCIES
S.N Point of District State National
o. Distinctio Forum commissi Commiss
n on ion
1. Territoria One or One or All India
l more more
Jurisdicti district. State
on
2. Composit President President President
ion & two & min. 2 & min. 4
members members members
-one – one - one
woman woman woman.
3. Qualificat Served As High As
ion for as court supreme
President District judge court
judge judge
4. Qualificat Age – 35 Same Same
ion for yrs.
members Bachelor
s degree
+ 10 yrs
exp in
law/acco
untancy/
economi
cs/mgt.
5. Disqualifica Unsound Same Same
tions mind
Insolvent
Convicted

6. Term 5 years Same Same


or 65 yrs but 67 but 70
age
whicheve
r earlier
7. Monetary Upto 20 Between More
jurisdiction lakhs 20 lakhs than one
and one crore
crore
8. Administrative State National _
control Commiss commissi
ion on
9. Appeal State commission Rs. Supreme
within 30 days of 55,000 Court
order.50% of within 30
amount payable days of
or Rs. 25,000 the order
whichever is less
to be deposited
by appellant.
10. Penaltie Imprisonment + fine Or both
s atleast one atleast
month to max. 3 2000 to
yrs. max
10,000
Some important decisions
 1. Doctors are within the purview of the
Act.
 2. Government hospitals/health care
centres/ dispensaires where services are
rendered free of charge to all the patients.
The provisions of the Act do not apply.
 3. Provident fund subscribers are also
consumers.
 4. Gold chain snatched by miscreants while
travelling in the reserved compartment of
railway. It was held that there was deficiency in
service on the part of Railways.
 5. Confirmed ticket but not provided seat in
aircraft and consequently lost job that it was
held that there was deficiency of service on part
of the airlines.

You might also like