Consumer Protection Act 1986
Before the enactment of the consumer Protection Act,1986 a person
aggrieved by the defective goods or deficiency in service had to approach
the ordinary civil court to get his grievances redressed.
The proceeding in the ordinary civil court is very complex , expensive and
time consuming .
In Order to give more protection to the interest of consumers of goods
and service the parliament enacted the consumer Protection Act 1986.
The law relating to consumer protection is contained in the
Consumer Protection Act , 1986.
The Consumer Protection Act-1986 & enforced from 10th June 1987 in
Aimed at providing simple, quick, and cheaper protection of consumers
Meaning of Consumer Protection
The purpose of any business is to create a customer. It is the
customer who determines what a business is. It is the
customer and he alone, who, through being willing to pay for
a goods or services. Convert economic resources into
wealth, things into goods. What a business thinks it produces
is not of first importance especially not to the future of the
business and to its success. What the customer thinks he is
buying- what he consider value, is decisive; it determines
what a business is, what it produces and whether it will
Aims of Consumer Protection Act
Establishment of “Consumer Disputes Redressal Forum” (District
Establishment of “Consumer Disputes Redressal commission”
Establishment of National Consumer Disputes
Commission” (National commission)
Establishment of a “ Central Consumer Protection Council ” for
promoting and protecting the rights of the consumers .
Who is a Consumer ?
Consumer of Goods
A person who has purchased goods for a consideration .The
consideration may be paid or promised to pay or partly paid or
A person who has purchased goods under a system of deferred
payment is also a consumer .
Consumer of Service
A person who has hired or availed of any service for consideration
.Consideration may be paid or promised to pay or partly paid .
A person who has hired or availed of any service under system of
Objectives of the act :
Better protection of interests of consumers.
Right to be protected against marketing of goods or
services which are hazardous to life and property.
quality, quantity, purity, standard and price of goods or services
so as to protect the consumers against unfair trade practices.
The right to be assured, where ever possible, access to
goods and services at competitive prices.
The right to be heard and to be assured that consumers
interest will receive due consideration at appropriate forums.
The right to seek redresses against unfair trade practices
or exploitation of consumers.
Scope of the Act :
Applies to whole India.
It is divided in 4 chapters & 31 sections.
Applies to all type of goods and services, public utilities &
public sector undertakings.
All types of complains relating to goods ,unfair trade
A suit pending in civil court cannot be heard in consumer
Who can file complaint:
The consumer to whom the goods are sold
delivered, or agreed to be sold are delivered , or the service has
been provided, or agreed to be provided .
Any recognized consumer association , regardless of
whether the consumer is a member of such association or not.
One or more consumer , where there are numerous
consumer having the same interest with permission of the
district forum on behalf of or for the benefit of all consumer so
The state or central govt . either its individual capacity
or as a representative of the interest of the consumer in general.
U/Sec.9 Forum & commissions are formed for
, jurisdiction- district.
State Commission headed by Judge of High
Court , jurisdiction- whole state.
WHERE TO FILE A COMPLAINT?
If the cost of goods or services and compensation asked for is up to Rs. 20
lakh ,the district where the cause of action has arisen or where the opposite
State Commission –
If the cost of goods or services and compensation asked for is more than
rupees 20 lakh , but less than rupees 1 Crore.
National Commission at New Delhi. –
If the cost of goods or services and compensation asked for exceed rupees 1
National Commission headed by Chief Justice Of India, jurisdiction- entire
PROCEDURE OF FILING
1. Notice to the Opposite Party.
2. Prepare the consumer complaint in the required format.
3. Get the complaint affidavit notarized through a notary.
4. Submit the complaint and court fee to the receiving clerk in
the consumer court who will give you the date for admission
hearing and complaint reference number.
5. On admission hearing, you would be informed whether
your case is fit for acceptance or not. If accepted, you
6. The court will send a notice & complaint copy to the
opposite party seeking reply within 30 days.
7.Where complaint alleges a defect in the goods which can’t be
determined without proper analysis, the forum/commission
send it to the laboratory to find out whether there is any defect
in it or not?
8. The hearings will continue till the matter is decided.
9.The complaint should be decided within 90 days.
Appeals Sec.27 - Appeal:
District Forum – State Commission.
State Commission – National Commission.
National Commission – Supreme Court.
Relief to Consumers:
Repair of defective goods.
Replacement of defective goods.
Removal of deficiency in service.
Refund of extra money charge.
Withdrawal of goods hazardous to life.
Compensation for the loss due to negligence of
If trader fails to follow the order then he shall be punishable
with min. 1 month up to 3yrs with fine of min. Rs.2000 up to
If frivolous complaint is filed then it shall be dismissed &
complainant is penalized to pay the cost incurred buy
opposite party (not more than Rs.10000 ).
conclusion Consumer protection act provide for better
protection of the interest of consumer and for that purpose to
make provision for the establishment of the consumer
councils and other authorities for settlement on consumers
disputes and for matters connected there with.