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CONSUMER RIGHTS ACT,1986 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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Types of consumer Redressal Machineries and Forums.
Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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DISTRICT FORUM District forum means Consumer dispute redressal forum under the Consumer Protection act,1986 This is established by a state government in each district of a state. More than one forum can be established in a district Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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COMPOSITION OF DISTRICT FORUM
A person who is qualified is appointed by the State government Person should be eminent in field of commerce, education, law Every member can hold office for a term of 5 years or upto 65 years Allowances and payment is given by State government Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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The complaints for goods or services worth Rs
The complaints for goods or services worth Rs. 20 lakhs or less can be filed in this agency. A complaint can be filed at the place where the opposite party resides or where the cause of action arises. In of Consumer education Vs Canara bank, complaint is filed in a district forum where the branch is located. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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Required Copies : 4 Plus additional Copies for each opposite party.
Limitation : Complaint must be filed within two years from the date of cause of action having arisen Monetary / Jurisdiction : upto Rs.20 Lakhs Court Fee : Upto Rs.1 Lakh: NIL for those below the poverty line holding Antyodaya Anna Yojana Cards Upto Rs.1 Lakh :Rs.100 Above Rs.1 lakh upto Rs.5 Lakh : Rs.200 Above Rs.5 Lakhs upto Rs. 10 Lakhs : Rs.400 Above Rs.10 Lakhs upto Rs.20 Lakhs : Rs.500 Demand draft in favour of President, Consumer Disputes Redressal forum, (Name of) District. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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COMPLAINT RELATED TO DEFECTIVE GOODS
Sample of goods is protected by a seal and sent to laboratory for testing. A deposit money has to be paid as fees to laboratory for the test conducted. After receiving report from laboratory a copy of it must be sent to opposite party. If any party requires correctness of report then objection can be presented in the form of writing. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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Before issuing any final order forum will give opportunity to both parties to present views about the report. Result is given based on evidence produced by parties in support of their case. If the aggrieved is not satisfied by the jurisdiction of the district forum then he can file an appeal against the judgment in State commission within 30 days by depositing or 50% of penalty amount which ever is less. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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COMPLAINT RELATED TO SERVICES
A time period of thirty days is given to the opposite party to give their views after issuing the copy of complaint report. Dispute is settled based on evidence. When complainant fails to appear on date of hearing the District forum may either dismiss the complaint or give order based on merits Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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SOLUTIONS GIVEN BY A FORUM
To remove defective goods and replace with new goods To return to the complainant the price of goods To provide compensation for goods. To discontinue unfair trade. To withdraw hazardous goods and cease their manufacture. To stop misleading advertisement. Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018
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