The Consumer Protection Act, 1986

Topics to be discussed
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Objectives – for better protection of the interests of consumers purpose to make provision for the establishment of consumer councils other authorities for the settlement of consumers' disputes

Definitions

Consumer

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person“ service“ Manufacturer Trader complaint“ consumer dispute

Definitions.


"consumer" means any person who— buys any goods for a consideration, hires or avails of any services for a consideration, ―uses such goods‖ with the approval of person who has bought such goods for consideration. ―is beneficiary of services‖ with the approval of person who has hired the services for consideration.

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"person" includes,— a firm whether registered or not; a Hindu undivided family; a co-operative society; every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;

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"service" means service of any description which is made available to potential users and includes, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy…

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Manufacturer is a person whoMakes or manufactures any goods or parts thereof.or Assembles parts of the goods made or manufactured by others and claims the end product to be goods manufactured by himself,or

Defect and Deficiency
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Defect –Goods Deficiency-Services

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"complaint" means any allegation in writing made by a complainant that— an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; the goods bought by him or agreed to be bought by him; suffer from one or more defects;

Unfair trade Practice
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1.Misleading advertisement 2.Claiming false affiliation 3.non fulfilling guarantee and warranty 4.Offring gift prizes with the intention to not to provide 5.Non confirming to prescribed goods 6.Destruction of the goods .

Rights of the consumers
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Right Right Right Right Right Right

to to to to to to

safety be informed choose be heard seek redressal consumer education

Who can file the complaint
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Consumer Any recognized consumer association One or more consumers The central or state government .

What complaint may be LODGED
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1.UNFAIR TRADE PRACTISE 2.ONE OR MORE DEFECTS 3.DEFICIENCY 4.CHARGED PRICE EXCESS THEN THE MENTIONED 5.GOOD WHICH ARE HAZARDOUS IN NATURE ARE LAUNCHED

Where to file a complaint
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District forum State Commission National commission

District forum  

21 days of the loss 30days for the Explanation extended to 15 days more Than after 3 months to the 5 months( Where no testing )

How to file a complaint
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A complaint should contain following – 1.The name , description and address of the complainant. 2.The Name , address description and address of the opponent party 3.the facts relating to the complaint 4.documents if any 5.The relief which a complainant is seeking .

Relief available to the consumers
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To remove the defect To replace the goods To return the price Compensation To remove the deficiency To discontinue the UTP Not to offer the hazardous goods to the public

Process
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1.Time frame -3-5 months 2.appeal to state commission -30 Days 3.Transfer of the case 4.Circuit benches 5.State commission 6.National commission -30 days 7.Appeal to the supreme court -30days

Consumers protection councils

Central Consumer Protection Council

The State Consumer Protection Council District Consumer Protection Council

CONSUMER PROTECTION COUNCILS

Central Consumer Protection Council. The Central Council shall consist of the following members, the Minister in charge of the consumer affairs in the Central Government, who shall be its Chairman, and such number of other official or non-official members representing such interests as may be prescribed.

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Objects of the Central Council.— The objects of the Central Council shall be to promote and protect the rights of the consumers such as,— the right to be protected against the marketing of goods and services which are hazardous to life and property;

Procedure for meetings of the Central Council.

The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.

State Consumer Protection Councils.

The State Council shall consist of the following members, namely:— the Minister incharge of consumer affairs in the State Government who shall be its Chairman; such number of other official or non-official members representing such interests as may be prescribed by the State Government.

Procedure for meetings of the State Council.

The State Council shall meet as and when necessary but not less than two meetings shall be held every year. The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.

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Objects of the State Council. — The objects of every State Council shall be to promote and protect within the State the rights of the consumers.

District Consumer Protection Council

It consist of the following members, namely— the Collector of the district (by whatever name called), who shall be its Chairman; such number of other official and nonofficial members representing such interests as may be prescribed by the State Government.

Procedure for meetings of the District Council.

The District Council shall meet as and when necessary but not less than two meetings shall be held every year. The District Council shall meet at such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.

CONSUMER DISPUTES REDRESSAL AGENCIES

Redressal Forums. District Forums-if any, claimed ''does not exceed rupees twenty lakhs. State Commission- twenty lakhs but less than one crore National Commission 'exceeding rupees one crore‖. Appeal to the supreme court against the order of the national commission

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CONSUMER DISPUTES REDRESSAL AGENCIES

Redressal Forums.
District Forums - a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification:

Power of the district forum
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Same as the Civil court 1.to summon 2.production of any document ofr material 3.the reception of the evidence 4.requesting of the analysis

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Each District Forum shall consist of,—
a person who is, or has been, or is qualified to be a District Judge, who shall be its President; two other members, one of whom shall be a woman, who shall have the following qualifications, namely —

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be not less than thirty-five years of age, possess a bachelor's degree from a recognised university, be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:

Jurisdiction of the District Forum.
The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.

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State Commission - A Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State.

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Each State Commission shall consist of—

A person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President.

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not less than two, and not more than such number of members, and one of whom shall be a woman, who shall have the following qualifications, namely:— be not less than thirty-five years of age; possess a bachelor's degree from a recognised university; be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:

Jurisdiction of the SC
The State Commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees twenty lakhs but less than one crore‖.

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National Commission - A National Consumer Disputes Redressal known as the " National Commission‖ is established by the Central Government .

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National Commission - A National Consumer Disputes Redressal known as the " National Commission‖ is established by the Central Government .

Jurisdiction of the National Commission.
The National Commission. shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees one crore‖.

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