CONSUMER PROTECTION ACT-1986

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THIS PRESENTATION INCLUDES ALL COPRA AND CASES ALSO.

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CONSUMER PROTECTION ACT-1986

  1. 1. CONSUMER PROTECTION ACT 1986
  2. 2. Contents • Introduction to CPA • C.P.A. Unique • Objective of CPA • Rights of Consumer • Bellary District Forum • Redressal Agency • Councils • Case Studies
  3. 3. Consumer Protection Act,1986 • In order to provide for better protection of the interests of the consumer the Consumer Protection Bill, .1986 was introduced in the Lok Sabha on 5th December, 1986. • The Consumer Protection Act 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement.
  4. 4. C.P. ACT IS UNIQUE • Exclusive Fora for consumer disputes in all districts, state and national capital. • 6 consumer rights specified. • Consumer Protection Councils from national to state and district levels. • Covers private, public, cooperative sectors.
  5. 5. Amendments & Objective Amendments • It has been Comprehensively amended by COPRA (Amendment)1986,1992,1993,& 2002 Objectives •The main objective of CPA is to provide speedy and simple redressal to consumer disputes. •It is one of the benevolent pieces of legislation intended to protect the consumers at large from exploitation
  6. 6.  Two kinds of consumer under the Act ◦ Consumer of goods  buys or agrees to buy goods  any user of such goods ◦ Consumer of services ◦ hires or avails any services ◦ any beneficiary of such service • It does not include a person who obtains goods for resale or any commercial purpose Who is a Consumer? Sec. 2 (1) (d)
  7. 7. Who can file a complaint • A consumer • Any recognized consumer association • One or more consumers having the same interest • The central or the state government as the case maybe • In case of death of a consumer, his legal heir or representative • The following are also considered as a consumer and hence they may file a complaint. • User of goods and beneficiary of services • Husband of the consumer • Insurance company
  8. 8. Rights of Consumer 1.Right to Safety 2.Right to be Informed 3.Right to Choose 4.Right to be Heard 5.Right to Redressal 6.Right to Consumer Education Rights of Consumer
  9. 9. President : Mr. Prakash Kumar B.A., LL.B Member : Smt.Merry Avula B.A., B.ED. Stenographer : Mr.Ravi Kumar D.F. Manager : Mr.Padappa Bellary District Consumer Dispute Readdressal Court D.C. Office Compound,Bellary,Karnataka-583101
  10. 10. Redressal Agency The aims and objectives of the Act are achieved by District Forum State Commission National Commission.
  11. 11. • It shall consist of a person who is or has been or is qualified to be a District Judge as its President,2 other members, one of whom shall be a woman • Every member of the District Forum shall hold office for a term of 5 years or up to the age of 65 years which ever is earlier • It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs.20 Lacs. District Forum
  12. 12. A District Forum shall have the powers I. To remove the defect pointed out by the appropriate laboratory from the goods in question II. To replace the goods with new goods of similar description which shall be free from any defect III. To return to the complainant the price, or as the case may be, the charges paid by the complainant IV. To pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party
  13. 13. •It is established by SG by notification •It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds Rs. 20 Lakh but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State. State Commission
  14. 14. • It shall consist of a person who is or has been a Judge of the Supreme Court, as its President. Not less than 4 and not more than such number of members as may be prescribed and one of whom shall be a woman • Every member of the National commission shall hold office for a term of 5 years or up to the age of 70 years which ever is earlier. • It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, the claim exceeds Rs. 1 Crore and appeals against the orders of any State Commission. National Commission
  15. 15. Councils 1.District Council 2.State Council 3.Central Council
  16. 16. The District Consumer Protection Council • It shall consist of the following members, namely:- (a) the Collector of the district (by whatever name called), as its Chairman; and (b) such number of other official and non-official members as may be prescribed by the SG • The District Council shall meet at least twice in an year. • The procedure will be set by SG
  17. 17. The State Consumer Protection Council • It shall consist of the following members, namely: (a) the Minister in-charge of consumer affairs in the SG as its Chairman; (b) such number of other official or non-official members as may be prescribed by the State Government. • The State Council shall meet at least twice in an year. • The procedure will be prescribed by the SG
  18. 18. The Central Consumer Protection Council • It shall consist of the following members, namely • (a) the Minister in charge of Consumer Affairs in the CG as its Chairman, and (b) such number of other official or non-official members as may be prescribed. • The Council shall meet at least once an year.
  19. 19. Case Studies • Shri Pankaj Kumar Sharma vs.Telecare Network (India)Pvt. Ltd., CASE I ( Venkatesh A.K) • Dr. Lalit K Agarwal VS.M/s Sony Pvt. Ltd CASE II (Santhosh.H.K) • . Syed Isurhullahussain VS.Realince Retail Limited CASE III ( Jagadish)
  20. 20. • Krishnan Kumar Bajaj vs. PepsiCo CASE IV (Prasanna A.M.T) • Sri Subhas chandra VS.Nakshatra Retail and CCM Appliance Ltd. CASE V (Shashidhar.G) • Sri.C.A. Pachapuri VS. Sun N’ Moon & Electronics Trading PVT LTD. CASE VI ( Manjunath.G)
  21. 21. • Sri. Santhosh VS.NWKRTC Hubli division CASE VII (Veerendra Patel)
  22. 22. USEFUL WEB SITES FOR CONSUMER

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