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Consumer Protection Act

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Legal

  1. 1. CONSUMER PROTECTION ACT, 1986 1
  2. 2. Introduction• Caveat emptor rule ( let the buyer beware) in sale of goods act of 1930, sprout the root of consumer interest protection.• Aimed at providing simple, quick, and cheaper protection of consumers interest• The Act applies to all goods and services .
  3. 3. Objects• Better protection of interests of consumers• Protection of rights of consumers -Right to be protected against marketing of goods or services which are hazardous to life and property - To be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices
  4. 4. Cont…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 restrictive trade practices or unscrupulous exploitation of consumers
  5. 5. - Right to consumer education• Consumer protection councils• Quasi-judicial machinery for speedy redressal of consumer disputes-quasi-judicial machinery at the district ,State and central levels -(To give relief’s of a specific nature ) -(To award, wherever appropriate, compensation to consumer)• Penalties for non-compliance of the orders given by the quasi-judicial bodies have also been provided
  6. 6. Scope of the act• Applies to all the states Except the state of Jammu and Kashmir• Applies to all type of goods and services, public utilities & public sector undertakings• All types of complains relating to goods ,unfair trade practice• Remedies under this act is same as those in other laws.• A suit pending in civil court cannot be heard in consumer court• Consumer forums have the power to adjudicate disputes, but they do not have trappings of a court• The consumer court powers are limited
  7. 7. WHAT IS A COMPLAINT?“Complaint” means any allegation in writing made my a compliant that :I. An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;II. The goods bought by him or agreed to be bought by him suffer from one or more defects ;III. The services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect; 7
  8. 8. WHAT IS A COMPLAINT?IV. A trader or service provider as the case may be has charged for the goods or for the services mentioned in the complaint, a price in excess of the price a) fixed by or under any law for the time being in force; b) displayed on the goods or any package containing such goods; c) displayed on the price list exhibited by him by or under any law for the time being in force; d) agreed between the parties . 8
  9. 9. WHAT IS A COMPLAINT?V. Goods which will be hazardous to life and safety when used are being offered for sale to the public – a) In contravention of any standards relating to safety of such goods as required to be compiled with, by or under any law for the time being in force; b) If the trader could have known with due diligence that the goods so offered are unsafe to the public; 9
  10. 10. WHAT IS A COMPLAINT?VI. Service which are hazardous or likely t be hazardous to the life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety. 10
  11. 11. WHO IS A CONSUMER ? Any person who buys goods or avails services for consideration Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid Any body who uses the goods or services with the consent of the consumer 11
  12. 12. WHO IS A CONSUMER ? Does not include any person who buys goods for resale or commercial purpose and services for commercial purpose However any person who buys goods for commercial use but exclusively for his livelihood by means of self employment is a consumer. 12
  13. 13. WHAT IS A DEFECT ? Fault In the Imperfection  Quality  Quantity Shortcoming  Potency  Purity Or  StandardsWhich is required to be maintained by or under anylaw for the time being in force 13
  14. 14. WHAT IS A DEFICIENCY ? Fault In the Imperfection  Quality Shortcoming Or  Standard and Inadequacy  Manner of performanceWhich is required to be maintained by or under anylaw for the time being in force 14
  15. 15. WHAT IS A SERVICE?“Service” means service of any description, which ismade available to potential users and includes, but notlimited to the provisions of the facilities in connectionwith1) banking 2) financing 3) insurance 4) transport5) processing 6) supply of electrical or other energy7) boarding or lodging or both 8) house construction9) entertainment 10) amusement or11) the purveying or new or other information But does not include the rendering of any service free of charge or under a contract of personal service 15

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