The CONSUMER PROTECTION ACT(COPRA)1986

BACKGROUND of the (COPRA)1986. India is a vast country with ever increasing population,but corresponding supply of goods and services is lacking. Market in India is generally a “sellers market” Majority of the consumers are poor,helpless and disorganised.and not in a position to easily approach the civil court. Common consumer is neither knowledgeable nor well informed. He needs the support and protection from the exploitation by the unscrupulous seller. There fore the Central Govt. enacted a LAW in the year 1986. for the protection of the consumers known as “The consumer Protection Act 1986”

Objectives of the COPRA 1986. 1) To provide simple,speedy,and inexpensive redressal to consumer grievances,particularly against unfair trade practices and unscrupulous exploitation of consumers. 2) to educate the consumers to protect their rights and privileges. 3) To provide protection of the interests of the consumers, in general For this purpose the Act has recognized the following SIX rights.

RIGHTS of Consumers as recognized by COPRA 1986. 1.Right to consumer education 2.Right to safety 3.Right to seek redressal 4.Right to be heard 5.Right to choose 6.Right to information.

RIGHTS of Consumers as recognized by COPRA 1986. 1. Right to consumer Education: Complete Information about the availability of the consumer products in the market and also the availability of a legal remedy should be widley explained ,advertised, and circulated,so that people will be aware of their rights

Contd….RIGHTS of Consumers as recognized by COPRA 1986. 2. Right to safety The consumer has a right to be protected against marketing of goods which are hazardous to life and property of the consumers. E.g. adulterated food, weak cement, etc. 3.Right to seek redressal. The consumer has the right to have some means of redressal against unfair trade practices or unscrupulous exploitation by the traders

4. Right to be heard The right to be heard includes the right to be assured that the interest of the consumer will receive due consideration at appropriate Forums. The consumer disputes should be resolved in a fair and expeditious manner. 5. Right to Choose. This is the right concerned with accessibility, wherever possible, to variety of goods and services at competitive prices

6. Right to information The right to obtain adequate information is an important right which enable the consumer to take intelligent decision on his purchases of goods or availing services. The consumer has the right to be informed by the producer about the quality , quantity,purity, standard and price of goods so as to protect the consumer against unfair trade practices.

Definitions of concepts of under the COPRA 1986. CONSUMER Consumer means any person who :- i) buys any goods for a consideration a) which has been paid or promised or partly paid and partly promised OR b) under any system of deferred payment Ii) Hires or avail any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment . And include any beneficiary of such services, when such services are availed of with the approval of the first mentioned person ,but does not include a person who avails of such services for any commercial purpose

Contd…..Definitions of terms under COPRA Consumer Dispute As per Section2(1)(f) Consumer dispute means a dispute where the person against whom a complaint has been made ,denies or disputes the allegations stated in the complaint. Complaint means any allegation in writing made by a complainant that:- (i) that an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; (ii) the goods bought by him or agreed to be bought by him suffer from one or more defect; (iii) the services hired or availed of or agreed to be availed of by him suffer from deficiency in any respect. (iv) a trader or the service provider , as the case may be , has charged for the goods or services mentioned in the complaint, a price in excess of the price.:- (a) fixed by or under any law for the time being in force; (b) displayed on the goods or any package containing such package ( c ) displayed on the price list by him exhibited by him by or under any law for the time being in force. (v) goods or services which will be hazardous to life and safety when used or are being offere d for sale.

Contd….. Definition of COPRA terms Deficiency means any fault,imperfection,shortcomimg or inadequacy,purity or standard in the quality ,nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been under taken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

Contd…Definitions of terms Service means service of any description which is made available to potential users and includes, (but not limited to, the provisions of) facilities in connection with Banking, financing , insurance, transport, processing , supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

Consumer protection Council Consumer protection councils are advisory bodies established to promote and protect the interests of the consumers. These councils are established at three levels viz; at Central, State and District levels. 1.The Central Consumer Protection Council 2. The state consumer protection Councils 3. The District Consumer Protection Council

The Central Consumer Protection Council As per Section 4 of the Act,The Central Govt. establishes the Central consumer protection council at National Level. The Council Consists of the following members: a)The Chairman the minister in charge of consumer affairs (Food & Civil Supplies)Central Govt. will be the chairman b)The Vice chairman may be the minister of state Or the Deputy Minister in the Department of civil supplies C)Such number of other official or non-official members representing such interests as may be prescribed. As per the rules , the Central council shall consist of 150 members , The term of the council shall be three years.

OBJECTIVES of the CENTRAL COUNCIL Following are the objectives of Central Consumer Protection Council, as per section 6. To promote and protect the rights of consumers such as: a) the right to safety b) Right to Consumer Education c) right to seek redressal d) right to be heard e) right to choose f) right to information

The state Consumer protection Council The state Government shall establish the STATE CONSUMER PROTECTION COUNCIL known as “Consumer Protection Council for……(.Name of State)” Section 7 & 8 deals with state consumer protection council It consists of the following members. a) The Chairman The Minister in-charge of consumer affairs of the concerned State Govt. will be the Chairman b) such number of other official or non-official members representing such interests as may be prescribed by the state Govt. C) such number of other official or non official members, not exceeding ten, as may be nominated by the state Govt. The State council shall meet as and when necessary but not less than two meetings shall be held every year.

The DISTRICT Consumer protection Council. The District Consumer Protection Council is established by the state Government for every district by notification. The District Council shall consists of the following members, namely: (a) the Collector of the district who shall be its chairman ,and (b) such number of other official and non-official members representing such interests as may be prescribed by the state Government. Objective of the District Council. The objects of every District Council shall be to promote and protect the rights of the consumers with in the District. The District council shall meet as and when necessary but not less than two meetings shall be held every year.

CONSUMER DISPUTE REDRESSAL AGENCIES The Act has designed redressal machineries to give relief to the consumer who is not in a position to go to the regular courts to fight his case because of high cost of litigation . And therefore has given a FORUM where justice will be cheap and quick. For redressal of consumer disputes and grievances, the Act provides for a three tier quasi-judicial redressal machinery at the District, State, and National levels which are known as (a) The District Forum (b) State Commission and ( c ) National Commission

DISTRICT FORUM The State Government establishes a “District Forum” in each district if it is required. The District Forum Consists of the Following Members: (a)The President of the Forum Is a person who is, or who has been or is qualified to be , a District Judge. (b) two other members ,one of whom shall be a woman , who shall have the following qualifications namely:- (i) not less than thiry-five years of age, (ii) possess a bachelor’s degree from recognised University. (iii) should be a person of ability, integrity, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law,commerce ,accountancy,industry, public affairs and administration. The Term of Office of the member of District Forum is five years up to the age of 65 years whichever is earlier.

Contd… DISTRICT FORUM Following persons are NOT qualified to become a member of the District Forum: (a) an Insolvent(or undischarged insolvent) (b)is of unsound mind and stands so declared by a competent court (c ) has been removed from the service of Govt. or body corporate owned by Govt. (d) has been convicted and sentenced to imprisonment (e ) has such other disqualifications as may be prescribed by the Govt.

Jurisdiction of the District Forum The Act provide two criteria for the jurisdiction: (i) Pecuniary Limits (ii) Territorial Limits A district Forum can entertain Complaints ,the value of goods or services and the compensation ,if any, claimed does not exceed Rupees TWENTY LAKHS (ii) Territorial Limits At the time of Institution of the Complaint ,the opposite party to the complaint should have resided , or had his office/business, in the jurisdiction of the particular district

Method of making a complaint in the District Forum 1. A complaint in relation to any goods sold or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with the District Forum by:- (a) the consumer to whom such goods are sold or delivered,or such service provided or (b) any recognised consumer association or ( c) one or more consumers, where there are numerous consumers having the same interest (d) the Central Govt or state Govt, as the case may be either in individual capacity or as a representative of the consumers in general.

Contd… procedure to make a complaint in District Forum 2. Every complaint shall be accompanied with such fee payable in such manner as may be prescribed. 3. The Forum may allow the complaint to be proceeded or rejected as per subsection (f) of section 12. however an opportunity being heard will be given before rejection. 4. The admissibility of the complaint ,will normally be decided with in 21 days from the date of receipt of the complaint. If a complaint is admitted by the District Forum , it shall not be transferred to any other court or Tribunal.

Procedure on Admission of a complaint If it relates to any goods, the district forum on admission of the complaint:-- (a) refer a copy of the admitted complaint to the opposite party mentioned in the complaint with in 21 days from the date of its admission, directing him to give his version of the case with in 35 days(may be extended by District form to another 15 days) (b) If the opposite party denies the complaint or disputes the allegation or fail to take any action with in the time given, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) and ( G)

Contd… procedure for settlement of Consumer Dispute ( c ) If the complaint alleges a defect in the goods , which can not be determined without proper analysis or test of the goods , the District Forum will obtain a sample of the goods and send it to appropriate Laboratory along with necessary direction to find the defect, and submit a report of their findings with in 45 days from the receipt of the sample (d) the necessary fees for laboratory testing has to be deposited by the complainant(customer ) to the credit of the Forum . ( e ) this amount of fees will be transferred to the concerend laboratory by the District Forum. ( f ) Objections against to the correctness of the findings,if any, has to be filed in writing . (g) the District Forum will give a reasonable hearing to both the parties.

Contd… procedure for settlement of Consumer Dispute Evey complaint shall be heard as expeditiously as possible and all attempts will be made to decide the complaint with in a period of three months from the date of receipt of notice by the opposite party provided the complaint does not require analysis or testing . If it requires testing or analysis of commodities it has to be settled with in 5 months. The District Forum , after the proceedings ,if satisfied about the complaint and allegations and if proved, shall issue an order to the opposite party directing him to do the necessary actions according to situation.

THE STATE COMMISSION Any person aggrieved by an order made by the District Forum may refer an appeal against such order to the State Commission with in a period of thirty days from the date of the order in the prescribed manner. Composition of the State Commission Each State Commission consists of:--- (a) President who is OR has been a judge of High Court, appointed by the State Government who will be the Chairman. (b) a member - who will be the Secretary to Law Department of the State. (c) another member--- secretary in charge of the department of consumer affairs. However , not more than fifty percent of the members shall be from amongst person having a judicial back ground. The term of office of the members of the State Commission is five years or up to the age of 65 years , which ever is earlier.

Jurisdiction of the State Commission State commission can entertain the following complaints:--- (a) where the value of goods or services of the complaint including compensation exceeds Rs.20 lakhs but does not exceed Rs.one Crore ; and (b) appeals against the orders of any District Forum with in the State ( C ) provided , at the time of institution of the complaint , the opposite party/or parties resides or has his office /or business in the particular state. (d) A state Commission can call records and pass appropriate orders in any consumer dispute which is pending before any District Forum in the State OR has been wrongly decided by such District Forum

THE NATIONAL COMMISSION Any person aggrieved by an order made by the state Commission ,may refer an appeal against such order to THE NATIONAL COMMISSION ,with in a period of thirty days from the date of the order in the prescribed manner. This appeal will be disposed of as expeditiously as possible with in a period of 90 days from the date of its admission.

Composition Of The NATIONAL COMMISSION The National Commission Consists of the following members. (a) Chairman ---- a Judge of the Supreme Court to be nominated by the Chief Justice of India. (b) Member ---- Secretary in the Department of Legal Affairs , Govt. of India (c ) Member --- Secretary to the Department , Consumer Affairs in the Government of India The term of office of the members is five years Or up to 70 years which ever is earlier.

Jurisdiction of the National Commission The National Commission, as per section 21, has jurisdiction: (a) to entertain complaints where value the of goods and services and the compensation,if any exceeds Rupees one crore (b) to entertain appeals against the orders of any state commission. ( c ) to call for the records and pass appropriate orders in any consumer dispute which is pending before the State Commission. (d) or such state commission has acted illegally or with material irregularity while finalising its report on any consumer dispute.

Limitation period For filing a complaint. As per the provisions of Section24 A of COPRA, the District Forum or the state Commission Or the National Commission shall NOT admit any complaint unless it is filed with in two years from the Date on which ,the cause of action has arisen. However, if the complainant satisfies the Forum/Commission that he had sufficient reason for Not filing the complaint with in two years , the authorities may entertain after recording and condoning the delay.