Presentation onConsumer Protection Act

By :-

Vishal Thakur

Introduction

The Consumer Protection Act was enacted in 1986.

Some Amendments were made in 2002.

The Act applies to the whole of India except the State of Jammu and Kashmir.

It is an Act to provide better protection of the interest of the consumers.

The act is proposed to :-

1. Protect the interests of consumers 2. Confer certain rights on consumers3. Stop traders from cheating consumers4. Offer simple, quick and inexpensive

redressal for consumers

Rights of Consumer

► Right to safety► Right to be informed► Right to choose► Right to be heard► Right to seek redressal► Right to consumer education

Definitions

Consumer is a person who….. i) buys any goods for a consideration

ii) hires any services for a consideration

Who are not consumers?

1. A person who purchased goods for resale2. A person who purchased goods for

commercial purpose3. A person who obtains services without

consideration4. Tax-payers to municipality5. Contractors6. Applicants for jobs7. Persons who filed suits in courts

Defect or Deficiency “any fault, imperfections or shortcoming in

the quality, quantity, potency, purity or standard which is required to be maintained by or under any law”.

Services Any description which is made available to

potential users

Complaint

‘Complaint’ means any allegation in writing made for-

i) an unfair trade practice or a restrictive trade practice adopted by any trade or service provider

ii) the goods bought by complainant or agreed to be bought by him suffers from one more defect

iii) the services hired or agreed to be hired suffer from deficiency in any respect

iv) a trader or the service provider has charged for the goods or for the services , a price in excess of the price-

a) fixed by or under any law

b) displayed on the goods or any package containing such goods

c) agreed between the parties

A complaint may be filed by

1. The consumer to whom such goods are sold2. Any recognized consumer association, where

that consumer is a member3. One or more consumers, where there are

numerous consumers having same interest4. The Central and State Government

Consumer Disputes Redressal Forums

The aims and objectives of the Act are achieved by the constitution and creation of

District Forum

State Commission

National Consumer Disputes Redressal Commission.

District Forum

A District forum have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, claimed does not exceed Rs.20 Lakhs.

State Commission Each State Commissionn have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, claimed exceeds Rs. 20 Lakhs but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State.

National Commission

The National Commission have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, the claim exceeds Rs. 1 Crore and also the appeals against the orders of any State Commission.

The District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.

Where a trader or a person against whom a complaint is made fails to comply with any order made by the District Forum, the State Commission, the National Commission, such trader or person shall be punished with imprisonment for a term which shall not be less than 1 month but which may extend to 3 years, or with fine which shall be not less than 2,000/- Rs. but which may extend to 10,000/-Rs., or with both.

Consumer Disputes Redressal Forums

Findings and VerdictsIf a trader is found guilty , he must have to:- • remove the defects• replace the goods with new goods of

similar description.• return complainant the price• pay compensation to the consumer for any

loss or injury suffered• discontinue the unfair trade practices

Appeals

▒ Appeal to the State commission▒ any person aggrieved by an order made by the

district forum may prefer an appeal against such order to the State commission within a period of 30 days

▒ Appeal to the National commission▒ any person aggrieved by an order made by the State

commission in exercise of its powers may prefer an appeal against such order to the National commission within a period of 30 days