WELCOME

CONSUMER PROTECTION ACT 1986

Consumer Protection Act 1986 Consumer is the purpose and most powerful motivating force of production Consumer is equally vulnerable segment of the whole marketing system In 1986, Government of India enacted a comprehensive legislation – consumer protection act to safe guard the interest of consumer Consumer protection act applies to all good and services excluding goods for resale or commercial purpose, services rendered free of cost

Consumer Protection Act 1986 The provisions of the act are complimentary in nature It covers public, private, joint and co-operative sectors

Consumer Protection Act 1986 The Act enshrines the rights of the consumer such as:  Right to safety  Right to be informed  Right to be heard  Right to choose  Right to seek redressal  Right to consumer education

Consumer - Means A person who buys goods for a consideration, use of such goods where the use is with the approval of buyer Any person who hires/avails of any service for a consideration Any beneficiary of such services, where such services are availed with approval of person hiring the service The consumer need not have made full payment

Meaning of Goods and Services Goods:  Any movable property and also includes shares, but do not include auctionable claims Service:  Include service of any description such as banking, insurance, transport, processing, house construction, supply of electrical energy, entertainment, board or lodging

‘Complainant’ means A consumer Any voluntary consumer association registered under the Companies Act, 1956 or under any other law for time being in force Central Government or any State Government, who or which makes a complaint One or more consumers, where there are numerous consumers having the same interest

Nature of complaint Any unfair trade practice or restrictive trade practices adopted by the trader Defective goods Deficiency in service Excess price charged – by the trader Unlawful goods sale, which is hazardous to life and safety when used

Consumer Courts – A three tier system National Consumer Dispute Redressal Commission  Claims above one crore Consumer Dispute Redressal Commission of State Commission  Claim from 20 lakhs to one crore Consumer Dispute Redressal Forum or District Forum  Claims upto 20 lakhs

Consumer Protection Councils Consumer protection councils have been set-up in all states and at the centre to promote and protect the rights and interest of consumers These councils are advisory in nature and can play important role in recommending consumer oriented policies to the state and Central Government

How to file a complaint A complaint, hand written or typed, can be filed by a consumer, a registered consumer organisation, Central or State Government and one or more consumers, where there are numerous consumers having the same interest The nature of complaint must be clearly mentioned as well as the relief sought by the consumer It must be quadruplicate in district forum or state commission. Else, additional copies are required to be filed

Limitation period Dist. Forum, State Commission or National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen Complaint may be entertained after the period of limitation, if complainant satisfies the Dist. Forum, State Commission or National Commission about sufficient cause for not filing complaint within the period No such complaint can be entertained unless Dist. Forum, State Commission or National Commission records reasons for condoning such delay

Grant of relief Repair of defective goods Replacement of defective goods Refund of the price paid for the defective goods or service Removal of deficiency in service Refund of extra money charged Withdrawal of hazardous to life and safety

Grant of relief Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party Adequate cost of filing and pursuing the complaint

Settlement of complaint Normally, complaints should be decided within 90 days from the date of notice issued to the opposite party Where a sample of any goods is required to be tested, a complaint is required to be disposed of within 150 days. It may take more time due to practical problems

Appeal Any person aggrieved by an order made by District forum may prefer appeal against such order to the State Commission within 30 days from the date of the order Similarly person aggrieved by an order made by the State Commission, may prefer appeal against such order to the National Commission within 30 days from the date of the order Similarly person aggrieved by an order made by the National Commission, may prefer appeal against such order to the Supreme Court within 30 days from the date of the order State Commission, National Commission or Supreme Court may entertain appeal preferred after expiry of period, if it is satisfied that there was sufficient cause for not filing it within the period

Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie : Against members of the Dist. Forum, State Commission or National Commission Against any officer or person acting under the direction of Dist. Forum, State Commission or National Commission for executing any order made by it Any thing which is in good faith done or intended to be done by such member, officer or person under this Act or under ay rule or order made thereunder

Exercise 19

THANK YOU