Consumers are not knowledgeable enough and are not united to protect their rights.
They are often exploited by unscrupulous businessmen through misleading
advertisements, adulteration, short weighing , overcharging and other unfair
practices.

The Government of India had enacted several laws to protect the consumers. Some
of these laws are:

 The Essential Commodities Act,1955

 The Prevention of Food Adulteration Act,1954

 Black Marketing and Maintenance of Supplies of essential commodities

Act,1980

 Trade Marks and Merchandise Marks Act,1958

 The Standards of Weight and Measures Act,1956

 Agriculture Products Grading And Marketing Act,1937

 Indian Standards Institution Certification Act,1952

 


Inspite of these laws, consumers remained exploited. Therefore,

the government enacted the Consumer Protection Act 1986.
The Act applies to all goods and services unless specifically
exempted by the Central Government. It covers all sectors,
whether private, public or cooperative. It confers certain rights
on consumers
OBJECTS:- The consumer Protection Act aims at:

i. Providing better protection of interest of consumers;

ii. Providing for the establishment of consumer council and other
authorities;
iii. Settling consumer disputes and matters connected
 
  


Ú
 Ú
 Ú


Ú
 Ú
 Ú

      
 
   
   Ú    
 


Úight to safety:- This is the right to be protected against the

marketing of services goods and services which are hazardous
to life and property.
Úight to be Informed:- This means the right to be informed about
the quality, quantity, potency, purity, standard and price of
goods and services, as the case may be, so as to Protect the
consumer against unfair trade Practices.
Úight to choose:- It means the right to be assured, wherever
possible, access to a variety of goods and services at competitive
price
Úight to be Heard:- It means the consumers interests will receive
due consideration at appropriate forums. It also includes right
to be represented in various forums formed to consider the
welfare of consumers.
 


Úight to Seek Úedressal° It means thee right to seek redressal

against unfair practices or restrictive trade practices or
unscrupulous exploitation of consumers. It also includes
right to fair settlement of the genuine grievances of
consumers.

Úight to Consumer Education:- It means the right to acquire

the knowledge and skill to be an informed consumer.
 
  
 


The Act provides for the setting up of the three tier redressal machinery
which are as follows:
1.) District Forum:- The State government shall up a District Forum in
Each District of the State. The District Forum shall consist of:
a.) a person who is, or has been, or is qualified to be a District judge
nominated by the State Government who shall be its president;
b.) a person of eminence in the field of education, trade or
commerce;
c.) a lady social worker
The District Forum can entertain complaints where the value of goods
or services and the compensation, if any claimed is less than Ús.20
lacs
An appeal against the order of a District forum can be filled before he
state commission within a period of 30 days from the order.
 

2.) State commission: A State Commission Shall be established in each
State by the respective State Government. Each State Commission
shall Consist of:
I. a person who is or has been judge of a high court appointed by
the State Government who shall be its president.
II. 2 other members who shall be persons of ability, integrity and
standing and have adequate knowledge or experience of or have
shown capacity in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration.
One of them shall be a woman.
The State commission can entertain complaints where the value of the
goods or services and the compensation if any claimed, exceed
Ús.20lacs but does not exceed Ús. 1 crore.
An appeal against the order of a state commission can be filled before
the National Commission within 30 days from the Date of the
order.
 

National Commission: The Central Government shall established a
National Consumer Disputes Úedressal Commission Which shall
Consist of:
A. a person who is or has been a judge of the Supreme Court who
shall be the president; and
B. 2 other members who shall be persons of ability, integrity and
standing and have adequate knowledge and experience of or have
shown capacity in dealing with problems relating to economics,
law, commerce, accountancy, industry, public affairs or
administration, one of them shall be a woman.
The National Commission can entertain Complaints where the value of
goods and services and the Compensation, if any, claimed exceeds
Ús. 1 crore.
An appeal against the orders of the National Commission can be filled
in the Supreme Court Within 30 days from the date of the order.
   
   

The complaint or his authorized agent can present the complaint in person. The
complaint can also be sent by post to the appropriate Forum/commission. The
complaint should be addressed to the President of the forum/commission. it
should contain the following information:

(a) The name, description and address of the complainant;

(b) The name, description and address of the opposite party or parties, as the case
may be, as far as they can be ascertained;

(c) The facts relating to complaints and when and where it arose;

(d) Documents, if any, in support of the allegations contained in the complaint;

(e) The relief which complainant should be filed.

The complaint should be signed by the complainant or his authorized agent.

Minimum 4 copies of the complaint should be filed.

The District Forum/Commission is required to decide the complaint as far as

possible, within a period of 3 months from the date of the notice received by
the opposite party where complaint does not require any analysis or testing of
the commodity and within 5 months if it requires analysis or testing.
  
  



If the District Forum/Commission is satisfied that the goods
complained against suffered from any of the defects specified
in the complaint or that any of the allegations contained in the
complaint about the services are proved, it shall issue an order
to the opposite party directing him to do one or more of the
following things:
 To remove the defects pointed out by the appropriate
laboratory from the goods in question;
 To replace the goods with new goods of similar description
which shall be free from defects;
 To return to the complainant the price, or as the case may be,
the charges paid by the complainant;
 To remove the defects or deficiencies in the services in
question;
 


 To pay such amount as may be awarded by its as compensation to the

consumer for any loss or injury suffered by the consumer due to the
negligence of the opposite party. The District Forum shall have the power
to grant punitive damages in such circumstances as it deems fit;

 To discontinue the unfair trade practice or the restricted trade practice or

not to repeat them;

 Not to offer the hazardous goods for sale;

 To withdraw the hazardous goods from being offered for sale;

 To cease manufacture of hazardous goods and to desist from offering

services which are hazardous in nature;

 To issue corrective advertisement to neutralize the effect of misleading

advertisement at the cost of the opposite party responsible for issuing such
misleading advertisement ;

 To provide for adequate costs to parties.