The Consumer

Protection Act,
1986 and rules1987

presentation by
Dr. Vasundhara Patil
 Where does it apply?
It extends to the whole of India except
the State of Jammu and Kashmir
LIST OF AMENDING ACTS
1. The Consumer Protection
(Amendment) Act, 1991 (34 of 1991).
2. The Consumer Protection
(Amendment) Act, 1993 (50 of 1993).
3. The Consumer Protection
(Amendment) Act, 2002 (62 of 2002).
Consumer protection
 Salient features of the act
The Act intends to provide simple, speedy &
inexpensive redresses to the consumer's
grievances.
The Consumer Protection Act is an alternative
and cheapest remedy already available to the
aggrieved persons/consumers by way of civil
suit.
In the complaint/appeal/petition submitted
under the Act, a consumer is not required to pay
any court fees or even process fee
Proceedings are summary in nature
Who is a consumer ?
 Who is a Consumer?

A consumer is any person who buys any goods

for a consideration
any person who hires/avails of any service for a
consideration
Goods mean any movable property and also
include share
Eg of services -Banking, financing, insurance,
transport, processing, housing,
construction, supply of electrical energy,
entertainment, amusement, board and
lodging,etc
 consumer
The goods are those which are
manufactured or produced and sold
to consumers through wholesalers
and retailers
no complaint can be filed for alleged
deficiency in any service that is
rendered free of charge or under a
contract of personal service.
A consumer who is not
satisfied with the goods
purchased by him or services
hired by him should file
written complaint in
consumer forum
 Who can file a complaint?
Complaints can be filed by any consumer,
"consumer" means any person who-
(i) buys any goods for a consideration
which has been paid or promised or partly
paid and partly promised,
hires or avails of any services for a
consideration which has been paid or
promised or partly paid and partly
promised,
(m) "person" includes,-
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons
whether registered under the Societies
Registration Act, 1860 (21 of 1860) or not;
 Consumer complaint fee

What is the stamp duty

required
No stamp or court fee is needed
But only a nominal fee .
 Consumers can make complaints
against which of the things?
A) Any unfair trade practice or
restrictive trade practice adopted by
the trader.
B) Defective goods.
C) Deficiency in service.
D) Excess price charged by the
trader.
E) Unlawful goods sale, which is
hazardous to life and safety when
used.
 Definition
Defect" means any fault,
imperfection or shortcoming in the
quality, quantity, potency,
purity or standard which is required
to be maintained by or under any law
for the time being in force or 2[under
any contract, express or implied or]
as is claimed by the trader in any
manner whatsoever in relation to any
goods;
 Definition
"deficiency" means any fault,
imperfection, shortcoming or
inadequacy 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 undertaken to be performed
by a person in pursuance of a contract
or otherwise in relation to any service;
 "complainant" means-
(i) a consumer; or
(ii) any voluntary consumer association registered
under the Companies Act,1956 (1
of 1956) or under any other law for the time being in
force; or
(iii) the Central Government or any State Government;
.
1[(iv) one or more consumers, where there are
numerous consumers
having the same interest;]
(v) in case of death of a consumer, his legal heir or
representative ;) who or which makes a complaint;
 The Consumer Protection Act has
provided for a three tier system
popularly known as "Consumer
forums"
District Forum: For claims up to Rs.20
lakhs.
State Commission: For claims above Rs.20
lakhs
but less than Rs.1 crore.
National Commission: For claims above Rs. 1
crore
 Time required for dispute
settlement

Generally complaint should be

decided within 90 days from the date
of notice issued to the opposite
party.If any sample testing is to be
done then150days may be required.
What is limitation period for filing
complaint?

As per section 24 A of , The

Consumer
Protection Act ---
The limitation period is of two years
for filing
of written complaint in the
consumer forum
 Is there a right of appeal?
If a consumer is not satisfied by the
decision of a District Forum, he can
appeal to the State Commission.
an appeal against such order to the
State Commission within a period of
thirty days from the date of the
order,
 Right of appeal
Against the order of the State Commission a
consumer can approach to the National
Commission.
An appeal against such order to the National
Commission within a period of thirty days
from the date of the order
An Appeal against the order of the National
commission can be made to Supreme Court
within 30days of the order of national
commission
 What are the reliefs available to
consumers?
Consumer courts may grant one or
more of the following reliefs:-
A) Repair of defective goods.
B) Replacement of defective goods.
C) Refund of price paid for the
defective goods or service.
D) Removal of deficiency in service.
 E) Refund of extra money charged.
F) Withdrawal of goods hazardous to
life and safety.
G) Compensation for the loss or
injury suffered by the consumer due
to negligence of the opposite party.
H) Adequate cost of filing and
pursuing the complaint.
 If the person against whom order is
passed does not comply with the order
such trader or person shall be
punishable with imprisonment for a
term which shall not be less than one
month but which may extend to
three years,
or with fine which shall not be less
than two thousands rupees but which
may extend to ten thousand rupees,
or with both:
 What Are The Other Advantages To
The Consumer Under This Law?
The consumer under this law is not required to
deposit advalorem court fees, which earlier
used to deter consumers from approaching
the Courts.
The rigors of court procedures have been
dispensed with and replaced with simple
procedures as compared to the normal courts,
which helps in quicker redressal of grievances.
The provisions of the Act are compensatory in
nature.
Consumers now feel that they are
in a position to declare "sellers be
aware" whereas previously it was
"buyers be aware