1. PRESENTED BY: PARMAR KAJAL P.
M.COM SEM -2
ROLL NO.-36
SUMBITTED TO: PRO.DAXA MADAM

2. INTRODUCTION
In business, consumers occupy a very important place. The producers produce goods on the basis of tastes likings, preferences etc. Of the consumers. Consumer is the central point around which business activities revolves.Inspite of great important of consumers they may be victims of immoral businessmen.
An important aspect is that there is lack of knowledge on the part of consumer and they are not organized as opposed to the sellers who are well informed and organized, and the consumer ,by virtue of haste , ignorance , gullibility, inferior bargaining position etc.

3. CONT….
To protect the consumers from unscrupulous businessmen and to provide easy remedy for their complaints.
Provides better protection of the interests of the consumer and for that purpose to make provisions for establishment of consumer councils and other authorities for the settlement of consumer dispute and for matters connected therewith.
The Act extends to the whole of India except the state of JAMMU & KASHMIR.
Indian Contract Act,1872
Sale of Goods Act, 1930
Food Adulteration Act,1954

4. HISTORY OF CPA,1986 Lok sabha 9TH December,1986 Rajya sabha
DETAILS
YEARS
Lok sabha
9TH December,1986
Rajya sabha
10TH December,1986
Assented by the president of India
24TH December,1986
Published in the gazette of India
26TH December,1986
This Act was enacted in the 37th year of the republic of India and was amended from time to time in the following years
1991,1993,2002

5. MEANING OF CONSUMER GOODS: SERVICES:
* A consumer is a person who buys any goods for a consideration.
* who has paid or promised to pay the price.
* who has partly paid or promised to pay the price. .
* who has purchase any product or services under any scheme of deferred payment.
* who has user of such goods when such uses made with the approval of the buyers.
* who dose not obtain goods when you are not buying the goods for the purpose of resale.
SERVICES:
* Any person who avails himself of any services.
* who pays consideration or has promise to pay.
* who has partly paid the price or has promise to pay partly.
* who has avails of the services under any scheme of deferred payment.
* who has beneficiary of a services when such services are availed of with the approval of the person consult.
who is not a person who avails himself of such services for any resale or commercial purpose.

6. OBJECTIVE OF CPA ,1986 To protect the interest of the consumer.
To protect the right of the consumers regarding
Marketing of Quality of goods Price of the goods
Goods or services and services
To protect the consumer against unfair trade practices.
To set up consumer protection council at the center and state level.
To provide speedy and simple redressal to consumer disputes By
Giving reliefs compensation to consumer

8. RIGHTS OF CPA,1986 RIGHT TO SAFETY: RIGHT TO INFORMED :
A consumer has a right to be protected against any defective goods and services which can be hazardous to the life of the consumer.
RIGHT TO INFORMED :
A consumer has a right to be informed about the ingredients, quality, quantity, purity, standard or grade, date of manufacture and price of the goods he intends to buy.
Also, supplier and dealers must inform consumer about the safety precautions to be taken while using products to avoid loss or injury.

9. CONT…. RIGHT TO CHOOSE : RIGHT TO BE HEARD :
A consumer has the freedom to choose the goods needed from a variety of products.
This implies that dealers and traders should offer a wide variety of products to consumers and should avoid using pressure tactics to sell goods of poor quality.
RIGHT TO BE HEARD :
A consumer has a right to file a complaint and to be heard by manufacturers, dealers, advertisers government and public bodies in case of dissatisfaction with a good or a services.

10. CONT… RIGHT TO SEEK REDRESSAL : RIGHT TO EDUCATION :
If a consumer has complaint or grievance due to Unfair Trade Practices like charging higher price, selling of poor quality or unsafe products and so on, he has a right to get relief.
RIGHT TO EDUCATION :
Consumer education empowers consumer to exercise their rights. For this purpose consumer association, education institution and government policy makers are expected to educate and inform consumer about the rights and the reliefs available to them.

11. CONT…. RIGHT TO BASIC NEEDS: RIGHT TO A HEALTHY ENVIRONMENT :
Right to basic needs which guarantees survival,adeduate,clothing, shelter, health care, education and sanitation. With this right, consumers can look forward to the availability of basic and prime commodities at affordable prices and good quality.
RIGHT TO A HEALTHY
ENVIRONMENT :
The right to a live and work in an environment which is neither threatening nor dangerous and which permits a life of dignity and well being.

12. CONSUMER DISPUTE REDRESSAL AGENCIES

13. DISTRICT FORUM : ( U/S 9 to 15 )
This is established by the state government in each its districts.
COMPOSITION
The district forum of a chairman and 2other members one of whom shall be a woman.The district forums are headed by the person of the rank of a district judge.
Every appointment under subsection (1) shall be made by the state government on the recommendation of a selection committee consisting of the following namely,
President of the state commission :- Chairman
Secretary, incharge of the department
dealing with the consumer affairs in the state :- Member
Secretary, law department of the state :- Member
Every member of the district forum shall hold office for a term of 5 years or up to the age of 65 year .
He or she shall not be less than 35 years of age.

14. CONT…. JURIDICTION : ( U/S 11 )
A return complain can be filed before the district consumer forum where the value of goods or services and the compensation does not exceed rupees 20 lakhs.
PROCEDURE ON RECIEPT ON COMPLAIN : ( U/S 13 )
The district forum shall, on receipt of a complaint, if it relates to any goods.
POWER OF DISTRICT FORUM : ( U/S 14 )
Replacement of goods ,Removal of defects, Return the price
APPEAL : (U/S 15 )
If a consumer is not satisfied by the decision of the district forum, he can challenge the same before the state commission, within 30 days of the order.

15. STATE COMMISSION : ( U/S 16 to 19 )
This is established by the state government in their respective states.
COMPOSITION : ( U/S 16 )
The state commission consists of a president and not less than 2 and not more than such number of members as may be prescribed, one of whom shall be a women. The commission is headed by person of the level of high court judge.
Every appointment under subsection (1) shall be made by the state government on the recommendation of a selection committee consisting of the following namely,
President of the state commission :- Chairman
Secretary, in - charge of the department
dealing with the consumer affairs in the state :- Member
Secretary, law department of the state :- Member
Every member of the state commission shall hold office for a term of 5 years or up to the age of 67 years.
He or she shall not be less than 35 years of age.

16. CONT….. JURUDICTION : ( U/S 17 )
A written complaint can be filed before the state commission where the value of goods or services and the compensation claimed exceeds rupees 20 lakhs but does not exceed rupees 1 corer.
Transfer of cases :- U/S 17 ( A )
Circuit benches :- U/S 17 ( B )
PROCEDURE APPLICABLE TO STATE COMMISSION:
For the disposal of complaints by the district forum shall, with such modification as may be necessary, be applicable to the disposal of disputes by the state commission.
APPEAL :- U/S 19
In case the aggrieved party is not satisfied with the order of the state commission, he can appeal to the national commission within 30 days of passing of the order.
MEETING OF STATE COMMISSION :
The state commission must have at least, 2 meetings in a year.

17. NATIONAL COMMISSION
The national consumer disputes redressal commission, India is quasi-judicial commission in India which was set up in 1988 under the consumer protection act,1986.its head office is in new Delhi the commission is headed by a sitting or retired judge of the supreme court of India.

19. NATIONAL COMMISSION :- ( U/S 20 to 23 )
COMPOSITION :- ( U/S 20 )
It consists of a president and not less than 4 and not more than such members as may be prescribed, one of whom shall be a woman.The national commission headed by a sitting or retired judge of the Supreme Court.
It also provided that every appointment under this clause shall be made by the central government on the recommendation of a selection committee consisting of the following namely.
A person who is judge of the Supreme Court,
nominated by the chief justice of India :- Chairman
The secretary in the department of legal affairs
in the Govt. of India :- Member
The Secretary of the department dealing
with consumer affairs in the Govt. of India :- Member
Every member of a national commission shall hold office for a term of 5 years or up to the age of 70 years.
He or she shall not be less than 35 years of age

20. CONT…. JURIDICTION :- ( U/S 21 )
All complaint pertaining to those goods or services and compensation whose value is more than rupees 1 corer can be filed directly before the national commission.
POWER & PROCEDURE APPLICABLE TO THE NATIONAL COMMISSION :(U/S 22)
Power to set aside expert order :- U/S 22 ( A )
Transfer the cases :- U/S 22 ( B )
Circuit benches :- U/S 22 ( C )
Vacancy in the office of the president :- U/S 22 ( D )
Qualification, terms & condition of services of president & members :- U/S 22 ( D )
APPEAL :- U/S 23
An appeal can be filed against the order of the national commission to the Supreme Court within 30 days from the date of order passed.

21. Central council
State council
District council

22. CENTRAL CONSUMER PROTECTION COUNCILS :-( U/S 4 to 6)
The central government shall, by notification, establish with affect from such date as it may specify in such notification, a council to be known as the central consumer protection council.
Members : (150 MEMERS)
The minister incharge of consumer affairs in the central government, who shall be its Chairman.
Such number of other official or non official members.
PROCEDURE FOR MEETINGS OF THE CENTRAL COUNSIL :-
The central council must have at least, 1 meeting in a year.
The central council shall meet at such time & place as the chairman may think fit & shall observe such procedure in regard to the transaction of its business as may be prescribed.
OBJECTS OF THE CENTRAL COUNCIL:-U/S(6)

23. THE STATE CONSUMER PROTECTION COUNSIL :- U/S 7
The state government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the consumer protection council.
Members :
The minister in - charge of consumer affairs in the state government, who shall be its Chairman.
Such number of other official or non official members representing such interest as may be prescribed by the state government.
PROCEDURE FOR MEETING OF THE STATE COUNCIL :-
The state council shall meet as and when necessary but not less than 2 meeting shall be held every year.
The state council shall meet at such time & place as the chairman may think fit & shall observe such procedure in regard to the transaction of its business as may be prescribed by the state government.
OBJECTES OF THE STATE COUNCIL :-

24. DISTRICT CONSUMER PROTECTION COUNCIL :- U/S 8 ( A )
The state government shall establish of every district, by notification, a council to be known as the district consumer protection council.
Members :-
The collector of the district who shall be the chairman.
Such other official & non official members representing the interest as prescribed by the state government.
PROCEDURE FOR THE MEETINGS OF THE DISTICT COUNCIL :-
The district shall meet as & when necessary but not less than 2 meetings shall be held in a year.
OBJECTS OF DISTRICT COUNCIL :-

25. CONCLUSION
I can conclude that very few consumers are fully aware of the rights & consumer protection Act. Hence it is necessary to educate them their rights as a consumer to make them vigilant, rational & aware buyers.The government has been fruitful in providing protection to the consumer in the real sense of the term & served the purpose of the Act.

26. REFERANCE: CONSUMER PROTECTION LAW: -Dr.H.K.Saharay
-Dr. Smita Vyas
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