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Consumer
Consumer is a person who has the ability to
pay for the product, who possesses the
power to make the buying decision.
Therefore, consumer is designated asking
of the market.
Government measures to protect
the interest of consumers
1. Statutory regulation of private sector
2. Development and expansion of the public
sector
STATUTORY REGULATION
• The Drug and Cosmetics Act,1940
• The Indian standards institution act,1952
• The preservation of food adulteration act,1954
• The essential commodities act,1955
• The standards of weights & measures act,1956
• The monopolies restrictive trade practices act,1969
• The environment protection act,1986
• The essential services maintenance act,1968
STATUTORY REGULATION
CPA Impact
‘Consumer is the king of the market’
“Sellers market” is now “Buyers market”
&
• With industrial development leading to the influx of various
goods and services in the market; Consumers have to
protected!
Why protect the consumers?
Reason for Enacting the Act
• Doctrine of Caveat Emptor
This implies that the responsibility of identifying goods and finding defects with
them lies with buyer.
Introduction of the ActIntroduction of the Act
• Consumer Protection Act, 1986 is an act ofConsumer Protection Act, 1986 is an act of
Parliament of India enacted in 26Parliament of India enacted in 26thth
Dec 1986 toDec 1986 to
protect interests of consumers in India.protect interests of consumers in India.
• It extends to the whole of India except the StateIt extends to the whole of India except the State
of Jammu and Kashmir.of Jammu and Kashmir.
• This Act is applied to all goods and services.This Act is applied to all goods and services.
• It shall come enforce through central govt. byIt shall come enforce through central govt. by
notifications for different provisions of this actnotifications for different provisions of this act
MAGNA CARTAMAGNA CARTA
Objectives of the actObjectives of the act
1. Better protection of interests of consumers.1. Better protection of interests of consumers.
2. Protection of the rights of the consumers:2. Protection of the rights of the consumers:
3. Protection by the Consumer Protection Council.3. Protection by the Consumer Protection Council.
4. Quasi-judicial machinery for speedy redressal of4. Quasi-judicial machinery for speedy redressal of
consumer disputes.consumer disputes.
Consumer RightsSafety
Education
Choose Information
Redressal
Heard
Objectives of CPA, 1986
Consumer right
• Protection against hazardous goods
• Right to information
• Right to access
• Right of proper hearing
• Right to seek redressal
• Right to consumer education
• RIGHT TO SAFETYRIGHT TO SAFETY
Right to be protected against marketing ofRight to be protected against marketing of
goods and services which are hazardous to lifegoods and services which are hazardous to life
and property.and property.
applicable to specific areas like healthcare,applicable to specific areas like healthcare,
pharmaceuticals and food processing.pharmaceuticals and food processing.
• RIGHT TO BE INFORMEDRIGHT TO BE INFORMED
The right to be informed about the quality,The right to be informed about the quality,
quantity, purity, standard and price of goods orquantity, purity, standard and price of goods or
services, so as to protect the consumer againstservices, so as to protect the consumer against
unfair trade practices.unfair trade practices.
• RIGHT TO CHOOSERIGHT TO CHOOSE
the right to be assured, wherever possible, tothe right to be assured, wherever possible, to
have access to a variety of goods and serviceshave access to a variety of goods and services
at competitive prices.at competitive prices.
• RIGHT TO BE HEARDRIGHT TO BE HEARD
the right to be heard and to be assured thatthe right to be heard and to be assured that
consumer's interests will receive dueconsumer's interests will receive due
consideration at appropriate forums.consideration at appropriate forums.
• RIGHT TO SEEK REDRESSALRIGHT TO SEEK REDRESSAL
The right to seek redressal against unfair tradeThe right to seek redressal against unfair trade
practices or restrictive trade practices orpractices or restrictive trade practices or
exploitation of consumers is referred to as theexploitation of consumers is referred to as the
right to redressal.right to redressal.
• RIGHT TO CONSUMER EDUCATIONRIGHT TO CONSUMER EDUCATION
The right of every Indian citizen to haveThe right of every Indian citizen to have
education on matters regarding consumereducation on matters regarding consumer
protection as well as about her/his right isprotection as well as about her/his right is
regarded as the last right provided by theregarded as the last right provided by the
Consumer Protection Act 1986.Consumer Protection Act 1986.
DefinitionsDefinitions
• CONSUMER:CONSUMER:
(i)(i)buys any goods for a consideration which has beenbuys any goods for a consideration which has been
paid or promised or partly paid and partly promised,paid or promised or partly paid and partly promised,
(ii)(ii) or under any system of deferred payment andor under any system of deferred payment and
includes any user of such goods other thanincludes any user of such goods other than
(iii)(iii) the person who buys such goods for considerationthe person who buys such goods for consideration
paid or promised or partly paid or partly promised,paid or promised or partly paid or partly promised,
Cont.
(iv) or under any system of deferred payment(iv) or under any system of deferred payment
when such use is made with the approval ofwhen such use is made with the approval of
such person,such person,
(v) BUT does not include a person who obtains(v) BUT does not include a person who obtains
such goods for resale or for any commercialsuch goods for resale or for any commercial
purpose.purpose.
Cont.
Second definition ofSecond definition of ConsumerConsumer::
(i)(i)hires or avails of any services for a considerationhires or avails of any services for a consideration
which has been paid or promised or partly paidwhich has been paid or promised or partly paid
and partly promised,and partly promised,
(ii)(ii)or under any system of deferred payment andor under any system of deferred payment and
includes any beneficiary of such services other thanincludes any beneficiary of such services other than
the personthe person
(iii)(iii) who 'hires or avails of the services forwho 'hires or avails of the services for
consideration paid or promised,consideration paid or promised,
Cont.
(iv) or partly paid and partly promised, or(iv) or partly paid and partly promised, or
under any system of deferred payment,under any system of deferred payment,
(v) when such services are availed of with the(v) when such services are availed of with the
approval of the first mentioned person.approval of the first mentioned person.
Cont.
• Appropriate laboratoryAppropriate laboratory [sec.2 (1)a][sec.2 (1)a]
It means a laboratory or organisation-It means a laboratory or organisation-
1)1) Recognised by the central governmentRecognised by the central government
2)2)Recognised by a state governmentRecognised by a state government
3)3)Any laboratory or organisation eshtablishedAny laboratory or organisation eshtablished
by or under any law for the time being inby or under any law for the time being in
force ,which is maintained, financed or aidedforce ,which is maintained, financed or aided
by the central government or stateby the central government or state
government.government.
Cont.
• COMPLAINANTCOMPLAINANT
1)1) A consumerA consumer
2)2)Any voluntary consumer associationAny voluntary consumer association
registered under the companies act,1956, orregistered under the companies act,1956, or
under any other law for the time being inunder any other law for the time being in
forceforce
3)3)The central government or any stateThe central government or any state
government, who or which makes agovernment, who or which makes a
complaintcomplaint
Cont.
4) One or more consumers, where there are4) One or more consumers, where there are
numerous consumers having the same intrest.numerous consumers having the same intrest.
5) In case of death of a consumer, his legal heir5) In case of death of a consumer, his legal heir
or representative. (this clause has beenor representative. (this clause has been
introduced by the CPA amendment act, 2002)introduced by the CPA amendment act, 2002)
Cont.
• ComplaintComplaint
It means any allegation in writing made by aIt means any allegation in writing made by a
complainant with a view to obtaining anycomplainant with a view to obtaining any
relief provided by or under this act. Thisrelief provided by or under this act. This
allegation in writing must be that-allegation in writing must be that-
1)1) an unfair trade practice or a restrictive tradean unfair trade practice or a restrictive trade
practice has been adopted by any trader orpractice has been adopted by any trader or
service provider.service provider.
Cont.
2) the goods bought by him or agreed to be2) the goods bought by him or agreed to be
bought by him suffer from one or more defectsbought by him suffer from one or more defects
3) the services hired or availed of or agreed to3) the services hired or availed of or agreed to
be hired or availed by him suffer frombe hired or availed by him suffer from
deficiency in any respect.deficiency in any respect.
Cont.
4) A trader or the service provider as the case may4) A trader or the service provider as the case may
be, has changed for the goods or for the servicesbe, has changed for the goods or for the services
mentioned in the complaint, a price in excess of thementioned in the complaint, a price in excess of the
price-price-
a)a)Fixed by or under any law for the time being inFixed by or under any law for the time being in
force.force.
b)b)Displayed on the goods or any packageDisplayed on the goods or any package
containing such goods.containing such goods.
c)c)Displayed on the price list exhibited by him by orDisplayed on the price list exhibited by him by or
under any law for the time being in force.under any law for the time being in force.
d)d)Agreed between the parties.Agreed between the parties.
Cont.
5) 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 complied
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.
Cont.
6) Services which are hazardous or likely to be6) Services which are hazardous or likely to be
hazardous to life and safety of the public whenhazardous to life and safety of the public when
used, are being offered by the service providerused, are being offered by the service provider
which such person could have known with duewhich such person could have known with due
diligence to be injurious to life and safety.diligence to be injurious to life and safety.
Cont.
• DEFECTDEFECT
It means any fault, imperfection or shortcomingIt means any fault, imperfection or shortcoming
in the quality, quantity, potency, purity orin the quality, quantity, potency, purity or
standard which is required to be maintainedstandard which is required to be maintained
by or under any law for the time being inby or under any law for the time being in
force under any contract, express or impliedforce under any contract, express or implied
or as is claimed by the trader in any manneror as is claimed by the trader in any manner
whatsoever in relation to any goods.whatsoever in relation to any goods.
Cont.
• DEFICIENCYDEFICIENCY
Means any fault, imperfection, shortcoming orMeans any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner ofinadequacy in the quality, nature and manner of
performance which is required to be maintained by orperformance which is required to be maintained by or
under any law for the time being in force or has beenunder any law for the time being in force or has been
undertaken to be performed by a person in pursuanceundertaken to be performed by a person in pursuance
of a contract or otherwise in relation to any service.of a contract or otherwise in relation to any service.
• DISTRICT FORUMDISTRICT FORUM
It means a Consumer Disputes Redressal ForumIt means a Consumer Disputes Redressal Forum
established under clauseof section 9(a)established under clauseof section 9(a)
Cont.
• GOODSGOODS
Goods as defined in the Sale of Goods Act,Goods as defined in the Sale of Goods Act,
1930-1930-
““every kind of movable property other thanevery kind of movable property other than
actionable claims and money, and includesactionable claims and money, and includes
stocks and shares, growing crops, grass andstocks and shares, growing crops, grass and
things attached to or forming part of landthings attached to or forming part of land
which are agreed to be served before sale orwhich are agreed to be served before sale or
under the contract of saleunder the contract of sale””
Cont.
• NATIONAL COMMISSIONNATIONAL COMMISSION
It means the National Consumer Disputes Redressal
Commission established under clause (c) of section 9
• MANUFACTURERMANUFACTURER
It means a person who—
(i) makes or manufactures any goods or part thereof; or
(ii) does not make or manufacture any goods but
assembles parts thereof made or manufactured by
others; or
Cont.
(iii) puts or causes to be put his own mark on any(iii) puts or causes to be put his own mark on any
goods made or manufactured by any othergoods made or manufactured by any other
manufacturer.manufacturer.
• PERSONPERSON
It includes-It includes-
(i) a firm whether registered or not;(i) a firm whether registered or not;
(ii) a Hindu undivided family;(ii) a Hindu undivided family;
(iii) a co-operative society;(iii) a co-operative society;
(iv) every other association of persons whether(iv) every other association of persons whether
registered under the Societies Registration act 1860.registered under the Societies Registration act 1860.
Cont.
• RESTRICTIVE TRADE PRACTICERESTRICTIVE TRADE PRACTICE means a trademeans a trade
practice which tends to bring aboutpractice which tends to bring about
manipulation of price or conditions of delivery ormanipulation of price or conditions of delivery or
to affect flow of supplies in the market relatingto affect flow of supplies in the market relating
to goods or services in such a manner as toto goods or services in such a manner as to
impose on the consumers unjustified costs orimpose on the consumers unjustified costs or
restrictions and shall include—restrictions and shall include—
(a) delay beyond the period agreed to by a trader(a) delay beyond the period agreed to by a trader
in supply of such goods or in providing thein supply of such goods or in providing the
services which has led or is likely to lead to rise inservices which has led or is likely to lead to rise in
the price;the price;
Cont.
(b) any trade practice which requires a consumer to buy,(b) any trade practice which requires a consumer to buy,
hire or avail of any goods or, as the case may be, serviceshire or avail of any goods or, as the case may be, services
as condition precedent to buying, hiring or availing ofas condition precedent to buying, hiring or availing of
other goods or services.other goods or services.
•SERVICESERVICE means service of any description which ismeans service of any description which is
made available to potential users and includesmade available to potential users and includes
provisions of facilities in connections with:-provisions of facilities in connections with:-
•BankingBanking
•Financing insuranceFinancing insurance
Cont.
• TransportTransport
• ProcessingProcessing
• Supply of electrical or other energySupply of electrical or other energy
• Board or lodging or bothBoard or lodging or both
• Housing constructionHousing construction
• EntertainmentEntertainment
• Amusement or the purveying of news or otherAmusement or the purveying of news or other
informationinformation
but does not includebut does not include the rendering of any service free ofthe rendering of any service free of
charge or under a contract of personal service.charge or under a contract of personal service.
Cont.
•SPURIOUS GOODS AND SERVICESPURIOUS GOODS AND SERVICE means suchmeans such
goods and services which are claimed to begoods and services which are claimed to be
genuine but they are actually not so.genuine but they are actually not so.
•STATE COMMISSIONSTATE COMMISSION means a Consumermeans a Consumer
Disputes Redressal Commission established in aDisputes Redressal Commission established in a
State under clause (b) of section 9State under clause (b) of section 9
Cont.
• TRADERTRADER in relation to any goods means ain relation to any goods means a
person who sells or distributes any goods for saleperson who sells or distributes any goods for sale
and includes the manufacturer thereof, andand includes the manufacturer thereof, and
where such goods are sold or distributed inwhere such goods are sold or distributed in
package form, includes the packer thereof.package form, includes the packer thereof.
• CONSUMER DISPUTECONSUMER DISPUTE means a dispute wheremeans a dispute where
the person against whom a complaint has beenthe person against whom a complaint has been
made, denies or disputes the allegationsmade, denies or disputes the allegations
contained in the complaint.contained in the complaint.
CCONSUMERONSUMER
PPROTECTIONROTECTION
CCOUNCILSOUNCILS
THE ACT PROVIDES FOR SETTING
UP OF :
A three tier system:
• The central consumer protection council
• The state consumer protection council
• Consumer disputes redressal agencies
Machinery for settlement of
disputes
Composition of the redressal
machinery
Jurisdiction of redressal
machinery
CENTRAL CONSUMER PROTECTIONCENTRAL CONSUMER PROTECTION
COUNCILCOUNCIL
• CENTRAL CONSUMER PROTECTION COUNCILCENTRAL CONSUMER PROTECTION COUNCIL
(l) The Central Government shall,by notification,(l) The Central Government shall,by notification,
establish with effect from such date as it may specifyestablish with effect from such date as it may specify
in such notification,in such notification,
a Council to be known as the Central Consumera Council to be known as the Central Consumer
Protection Council.Protection Council.
(2) The Central Council shall consist of the following(2) The Central Council shall consist of the following
members, namely:members, namely:
Cont.
(a) the Minister in charge of the 1[consumer(a) the Minister in charge of the 1[consumer
affairs] in the Central Government, who shallaffairs] in the Central Government, who shall
be its Chairman, andbe its Chairman, and
(b) such number of other official or non-official(b) such number of other official or non-official
members representing such interests asmembers representing such interests as
may be prescribed.may be prescribed.
Procedure for meetings of the CentralProcedure for meetings of the Central
CouncilCouncil
( I) The Central Council shall meet as and( I) The Central Council shall meet as and
when necessary, but 2[at least one meeting] of thewhen necessary, but 2[at least one meeting] of the
Council shall be held every year.Council shall be held every year.
(2) The Central Council shall meet at such time(2) The Central Council shall meet at such time
and place as the Chairman may think fit and shalland place as the Chairman may think fit and shall
observe such procedure in regard to theobserve such procedure in regard to the
transaction of its business as may be prescribed.transaction of its business as may be prescribed.
OBJECTIVES OF CENTRAL COUNCILOBJECTIVES OF CENTRAL COUNCIL
Its main aim should be to pomote andIts main aim should be to pomote and
protect the intrests and rights of theprotect the intrests and rights of the
consumers:consumers:
•Right to be protected against hazardousRight to be protected against hazardous
goods.goods.
•Right to be informed.Right to be informed.
•Right to be assuredRight to be assured
•Right to be heardRight to be heard
•Right to seek redressalRight to seek redressal
•Right for consumer education.Right for consumer education.
STATE CONSUMER PROTECTIONSTATE CONSUMER PROTECTION
COUNCILCOUNCIL
(1) The State Government shall, by notification,(1) The State Government shall, by notification,
establish with effect from such date as it mayestablish with effect from such date as it may
specify in such notification, a Council to be knownspecify in such notification, a Council to be known
as the Consumer Protection Council.as the Consumer Protection Council.
(2)The State Council shall consist of the following(2)The State Council shall consist of the following
members, namely :members, namely :
(a) the Minister Incharge of consumer affairs in the(a) the Minister Incharge of consumer affairs in the
State Government who shall be its Chairman;State Government who shall be its Chairman;
Cont.
b) such number of other official or non-officialb) such number of other official or non-official
members representing such interests as may 'bemembers representing such interests as may 'be
prescribed by the State Government.prescribed by the State Government.
(c) such number of other official or non-official(c) such number of other official or non-official
members, not exceeding ten, as may bemembers, not exceeding ten, as may be
nominated by the Central Governmentnominated by the Central Government
(3) The State Council shall meet as and when(3) The State Council shall meet as and when
necessary but not less than two meetings shall benecessary but not less than two meetings shall be
held every year.held every year.
OBJECTIVES OF THE STATE CONSUMER PROTECTIONOBJECTIVES OF THE STATE CONSUMER PROTECTION
COUNCILCOUNCIL
The objects of every State Council shall be to promoteThe objects of every State Council shall be to promote
and protect within the State the rights of the consumersand protect within the State the rights of the consumers
laid down in clauses (a) to (f) of section 6.laid down in clauses (a) to (f) of section 6.
The District Consumer Protection CouncilThe District Consumer Protection Council ––
(1) The State Government shall establish for(1) The State Government shall establish for
Every district, by notification, a council to be known asEvery district, by notification, a council to be known as
the District Consumer Protection Councilthe District Consumer Protection Council
with effect from such date as it may specify in suchwith effect from such date as it may specify in such
notificationnotification
Cont.
(2) The District Consumer Protection Council(2) The District Consumer Protection Council
(hereinafter referred to as the District Council)(hereinafter referred to as the District Council)
shall consist of the following members, namelyshall consist of the following members, namely
––
(a) the Collector of the district (by whatever(a) the Collector of the district (by whatever
name called), who shall be its Chairman; andname called), who shall be its Chairman; and
(b) such number of other official and non-(b) such number of other official and non-
official members representing such interests asofficial members representing such interests as
may be prescribed by the State Government.may be prescribed by the State Government.
Cont.
(3) The District Council shall meet as and when(3) The District Council shall meet as and when
necessary but not less than two meetings shall benecessary but not less than two meetings shall be
held every year.held every year.
(4) The District Council shall meet as such time and(4) The District Council shall meet as such time and
place within the district as the Chairmanplace within the district as the Chairman
may think fit and shall observe such procedure inmay think fit and shall observe such procedure in
regard to the transaction of its business as mayregard to the transaction of its business as may
be prescribed by the State Governmentbe prescribed by the State Government
Cont.
(B.) Objects of the District Council - The objects(B.) Objects of the District Council - The objects
of every District Council shall be to promoteof every District Council shall be to promote
and protect within the district the rights of theand protect within the district the rights of the
consumers laid down in clauses (a) to (f) ofconsumers laid down in clauses (a) to (f) of
section.section.
Consumer dispute redressal agenciesConsumer dispute redressal agencies
1) Distict forum established by the state government1) Distict forum established by the state government
in each district of the state by notification.in each district of the state by notification.
2) State commission established by the state2) State commission established by the state
governmentin the state by notification.governmentin the state by notification.
3) Nation consumer dipute redressal commission3) Nation consumer dipute redressal commission
established bycentral government by notification.established bycentral government by notification.
Consumer dispute redressal forumConsumer dispute redressal forum
Each consumer redressal forum shall consist …Each consumer redressal forum shall consist …
1)1)A person who is, or has been, or is qualified to be aA person who is, or has been, or is qualified to be a
district judge, who shall be its president.district judge, who shall be its president.
2)2)2 other members, one of whom shall be a woman,2 other members, one of whom shall be a woman,
who shall have the following qualifications:who shall have the following qualifications:
be not less than 35 years of age.be not less than 35 years of age.
posses a bachelor’s degree from a recognisedposses a bachelor’s degree from a recognised
universityuniversity
Cont.
3) be person of abilty, integrity an standing, and3) be person of abilty, integrity an standing, and
have adequate knowledge and experience of atleasthave adequate knowledge and experience of atleast
ten years dealing in problems relating to economics,ten years dealing in problems relating to economics,
law, commerce, accountancy, industry, public affairslaw, commerce, accountancy, industry, public affairs
or administration.or administration.
Further a person is disqualified for appointment as aFurther a person is disqualified for appointment as a
member, if he..member, if he..
a)Has been convicted and sentenced toa)Has been convicted and sentenced to
imprisonment for an offence which, in the opinion ofimprisonment for an offence which, in the opinion of
the state government, involves moral turpitude; orthe state government, involves moral turpitude; or
Cont.
b)Is an undischarged insolvent; orb)Is an undischarged insolvent; or
c)Is of unsound mind and stands soc)Is of unsound mind and stands so
declared by a competent court; ordeclared by a competent court; or
d)Has been removed or dismissed from thed)Has been removed or dismissed from the
service of the government or a bodyservice of the government or a body
corporated owned or controlled by thecorporated owned or controlled by the
govrnment; orgovrnment; or
Cont.
e) has, in the opinion of the statee) has, in the opinion of the state
government,such financial or the other interestgovernment,such financial or the other interest
as is likely to affect prejudicially the dischargeas is likely to affect prejudicially the discharge
by him of his functions as a member;orby him of his functions as a member;or
f) Has such other disqualifications as may bef) Has such other disqualifications as may be
presribed by the government.presribed by the government.
Lodging a complaintLodging a complaint
A ‘prescribed fee’ is payable for filing a complaintA ‘prescribed fee’ is payable for filing a complaint
before the District Forum, State Commission or Nationalbefore the District Forum, State Commission or National
Commission as follows:Commission as follows:
•Upto 1 lakh - Rs.100/-Upto 1 lakh - Rs.100/-
•1 lakh to 5 lakhs - Rs.200/-1 lakh to 5 lakhs - Rs.200/-
•5 lakhs to 10 lakhs - Rs.400/-5 lakhs to 10 lakhs - Rs.400/-
•10 lakhs to 20 lakhs - Rs.500/-10 lakhs to 20 lakhs - Rs.500/-
You can pay this by Demand Draft in favour ofYou can pay this by Demand Draft in favour of
“President, State Consumer Disputes Redressal“President, State Consumer Disputes Redressal
Commission, Chennai.Commission, Chennai.
Cont.
The complainant can present his / herThe complainant can present his / her
complaint in person or by his / hercomplaint in person or by his / her
authorised representative to the Districtauthorised representative to the District
Forum / State Commission.Forum / State Commission.
There is no requirement for a lawyer orThere is no requirement for a lawyer or
consumer group to represent theconsumer group to represent the
complainant.complainant.
CONSUMER REDRESSAL UNDER DISTRICT FORUMCONSUMER REDRESSAL UNDER DISTRICT FORUM
COMPLAINT RELATING TO GOODSCOMPLAINT RELATING TO GOODS
1-Refrences of sample to laboratory where the1-Refrences of sample to laboratory where the
complaint alleges a defect in the goods whichcomplaint alleges a defect in the goods which
cannot be determined without proper analysiscannot be determined without proper analysis
or test of the goods.or test of the goods.
2-Deposit of fees.2-Deposit of fees.
Cont.
3- Remission of fees to laboratory and forwarding3- Remission of fees to laboratory and forwarding
of report to opposite party.of report to opposite party.
4- objections by any of the parties.4- objections by any of the parties.
5- reasonable opportunity to parties of being5- reasonable opportunity to parties of being
heard and issue of order.heard and issue of order.
CONT.CONT.
COMPLAINT RELATING TO SERVICESCOMPLAINT RELATING TO SERVICES
•Reference of the claim to opposite parrty.Reference of the claim to opposite parrty.
•Denial,etc. of allegation by the oppositeDenial,etc. of allegation by the opposite
party.party.
•Settlement of disputesSettlement of disputes
•Proceedings of the district forum finalProceedings of the district forum final
•Death of the comlainantDeath of the comlainant
•PeriodPeriod
RESPONSIBILITIES OF CONSUMERSRESPONSIBILITIES OF CONSUMERS
• CRITICAL AWARENESSCRITICAL AWARENESS
(ask questions on quality, price,and use of goods and services)(ask questions on quality, price,and use of goods and services)
• ACTIONACTION
((know your consumer rights)know your consumer rights)
• SOCIAL CONCERNSOCIAL CONCERN
(care for senior citizens and persons with disablities)(care for senior citizens and persons with disablities)
• ENVIRONMENTAL AWARENESSENVIRONMENTAL AWARENESS
( help and maintain a clean environment)( help and maintain a clean environment)
• SOLIDARITYSOLIDARITY
(join consumer organisations and be heard as a consumer)(join consumer organisations and be heard as a consumer)
APPROACH FOR REDRESSALSAPPROACH FOR REDRESSALS
Consumers can approach the commissions at the:Consumers can approach the commissions at the:
1.) District commission1.) District commission
2.) State commission2.) State commission
3.) National commission3.) National commission
There is no court fee charged to the consumersThere is no court fee charged to the consumers
and they does not have to go to through lawyers.and they does not have to go to through lawyers.
Relief available to consumers
• Removal of defects from the goods
• Replacement of goods
• Refunds of the price paid
• Award of compensation to consumers for any loss or
injury
• Removal of deficiencies in service
• To discontinue unfair trade practices
• Not of offer hazadous goods from being offered for sale
• Withdraw hazardous goods from being offered for sale
• To provide for adequate costs to parties.
CONSUMER GROUPCONSUMER GROUP
Consumer organizations are advocacy groups thatConsumer organizations are advocacy groups that
seek to protect people from corporate abuse likeseek to protect people from corporate abuse like
unsafe products, predatory lending, falseunsafe products, predatory lending, false
advertising and pollution.advertising and pollution.
Consumer organizations may operate via protests,Consumer organizations may operate via protests,
campaigning or lobbying.campaigning or lobbying.
Establishment of consumer groupsEstablishment of consumer groups
Some of functions of consumer groups are:Some of functions of consumer groups are:
•Educating consumers rights.Educating consumers rights.
•Creating awareness through publishingCreating awareness through publishing
laboratory tests of goods and services inlaboratory tests of goods and services in
newspapers.newspapers.
•Filing a complaint on behalf of the consumers orFiling a complaint on behalf of the consumers or
the group of consumers.the group of consumers.
•Providing guidance to consumers againstProviding guidance to consumers against
hazardous goods and services.hazardous goods and services.
Prominent consumer groups in INDIAProminent consumer groups in INDIA
• CGSICGSI –Consumer Group Society of India.–Consumer Group Society of India.
• MGPMGP– Mumbai Grahak Pnchayat– Mumbai Grahak Pnchayat
• CUTSCUTS– Consumer Unity and Trust Society– Consumer Unity and Trust Society
• VOICEVOICE – Voluntary Organisation in the– Voluntary Organisation in the
Intrests of Consumer Education.Intrests of Consumer Education.
Consumer Protection Act Summary

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Consumer Protection Act Summary

  • 1.
  • 2. Consumer Consumer is a person who has the ability to pay for the product, who possesses the power to make the buying decision. Therefore, consumer is designated asking of the market.
  • 3. Government measures to protect the interest of consumers 1. Statutory regulation of private sector 2. Development and expansion of the public sector
  • 4. STATUTORY REGULATION • The Drug and Cosmetics Act,1940 • The Indian standards institution act,1952 • The preservation of food adulteration act,1954 • The essential commodities act,1955 • The standards of weights & measures act,1956 • The monopolies restrictive trade practices act,1969 • The environment protection act,1986 • The essential services maintenance act,1968
  • 6. CPA Impact ‘Consumer is the king of the market’ “Sellers market” is now “Buyers market” & • With industrial development leading to the influx of various goods and services in the market; Consumers have to protected!
  • 7. Why protect the consumers? Reason for Enacting the Act • Doctrine of Caveat Emptor This implies that the responsibility of identifying goods and finding defects with them lies with buyer.
  • 8. Introduction of the ActIntroduction of the Act • Consumer Protection Act, 1986 is an act ofConsumer Protection Act, 1986 is an act of Parliament of India enacted in 26Parliament of India enacted in 26thth Dec 1986 toDec 1986 to protect interests of consumers in India.protect interests of consumers in India. • It extends to the whole of India except the StateIt extends to the whole of India except the State of Jammu and Kashmir.of Jammu and Kashmir. • This Act is applied to all goods and services.This Act is applied to all goods and services. • It shall come enforce through central govt. byIt shall come enforce through central govt. by notifications for different provisions of this actnotifications for different provisions of this act MAGNA CARTAMAGNA CARTA
  • 9. Objectives of the actObjectives of the act 1. Better protection of interests of consumers.1. Better protection of interests of consumers. 2. Protection of the rights of the consumers:2. Protection of the rights of the consumers: 3. Protection by the Consumer Protection Council.3. Protection by the Consumer Protection Council. 4. Quasi-judicial machinery for speedy redressal of4. Quasi-judicial machinery for speedy redressal of consumer disputes.consumer disputes.
  • 10.
  • 12. Consumer right • Protection against hazardous goods • Right to information • Right to access • Right of proper hearing • Right to seek redressal • Right to consumer education
  • 13. • RIGHT TO SAFETYRIGHT TO SAFETY Right to be protected against marketing ofRight to be protected against marketing of goods and services which are hazardous to lifegoods and services which are hazardous to life and property.and property. applicable to specific areas like healthcare,applicable to specific areas like healthcare, pharmaceuticals and food processing.pharmaceuticals and food processing. • RIGHT TO BE INFORMEDRIGHT TO BE INFORMED The right to be informed about the quality,The right to be informed about the quality, quantity, purity, standard and price of goods orquantity, purity, standard and price of goods or services, so as to protect the consumer againstservices, so as to protect the consumer against unfair trade practices.unfair trade practices.
  • 14. • RIGHT TO CHOOSERIGHT TO CHOOSE the right to be assured, wherever possible, tothe right to be assured, wherever possible, to have access to a variety of goods and serviceshave access to a variety of goods and services at competitive prices.at competitive prices. • RIGHT TO BE HEARDRIGHT TO BE HEARD the right to be heard and to be assured thatthe right to be heard and to be assured that consumer's interests will receive dueconsumer's interests will receive due consideration at appropriate forums.consideration at appropriate forums.
  • 15. • RIGHT TO SEEK REDRESSALRIGHT TO SEEK REDRESSAL The right to seek redressal against unfair tradeThe right to seek redressal against unfair trade practices or restrictive trade practices orpractices or restrictive trade practices or exploitation of consumers is referred to as theexploitation of consumers is referred to as the right to redressal.right to redressal. • RIGHT TO CONSUMER EDUCATIONRIGHT TO CONSUMER EDUCATION The right of every Indian citizen to haveThe right of every Indian citizen to have education on matters regarding consumereducation on matters regarding consumer protection as well as about her/his right isprotection as well as about her/his right is regarded as the last right provided by theregarded as the last right provided by the Consumer Protection Act 1986.Consumer Protection Act 1986.
  • 16. DefinitionsDefinitions • CONSUMER:CONSUMER: (i)(i)buys any goods for a consideration which has beenbuys any goods for a consideration which has been paid or promised or partly paid and partly promised,paid or promised or partly paid and partly promised, (ii)(ii) or under any system of deferred payment andor under any system of deferred payment and includes any user of such goods other thanincludes any user of such goods other than (iii)(iii) the person who buys such goods for considerationthe person who buys such goods for consideration paid or promised or partly paid or partly promised,paid or promised or partly paid or partly promised,
  • 17. Cont. (iv) or under any system of deferred payment(iv) or under any system of deferred payment when such use is made with the approval ofwhen such use is made with the approval of such person,such person, (v) BUT does not include a person who obtains(v) BUT does not include a person who obtains such goods for resale or for any commercialsuch goods for resale or for any commercial purpose.purpose.
  • 18. Cont. Second definition ofSecond definition of ConsumerConsumer:: (i)(i)hires or avails of any services for a considerationhires or avails of any services for a consideration which has been paid or promised or partly paidwhich has been paid or promised or partly paid and partly promised,and partly promised, (ii)(ii)or under any system of deferred payment andor under any system of deferred payment and includes any beneficiary of such services other thanincludes any beneficiary of such services other than the personthe person (iii)(iii) who 'hires or avails of the services forwho 'hires or avails of the services for consideration paid or promised,consideration paid or promised,
  • 19. Cont. (iv) or partly paid and partly promised, or(iv) or partly paid and partly promised, or under any system of deferred payment,under any system of deferred payment, (v) when such services are availed of with the(v) when such services are availed of with the approval of the first mentioned person.approval of the first mentioned person.
  • 20. Cont. • Appropriate laboratoryAppropriate laboratory [sec.2 (1)a][sec.2 (1)a] It means a laboratory or organisation-It means a laboratory or organisation- 1)1) Recognised by the central governmentRecognised by the central government 2)2)Recognised by a state governmentRecognised by a state government 3)3)Any laboratory or organisation eshtablishedAny laboratory or organisation eshtablished by or under any law for the time being inby or under any law for the time being in force ,which is maintained, financed or aidedforce ,which is maintained, financed or aided by the central government or stateby the central government or state government.government.
  • 21. Cont. • COMPLAINANTCOMPLAINANT 1)1) A consumerA consumer 2)2)Any voluntary consumer associationAny voluntary consumer association registered under the companies act,1956, orregistered under the companies act,1956, or under any other law for the time being inunder any other law for the time being in forceforce 3)3)The central government or any stateThe central government or any state government, who or which makes agovernment, who or which makes a complaintcomplaint
  • 22. Cont. 4) One or more consumers, where there are4) One or more consumers, where there are numerous consumers having the same intrest.numerous consumers having the same intrest. 5) In case of death of a consumer, his legal heir5) In case of death of a consumer, his legal heir or representative. (this clause has beenor representative. (this clause has been introduced by the CPA amendment act, 2002)introduced by the CPA amendment act, 2002)
  • 23. Cont. • ComplaintComplaint It means any allegation in writing made by aIt means any allegation in writing made by a complainant with a view to obtaining anycomplainant with a view to obtaining any relief provided by or under this act. Thisrelief provided by or under this act. This allegation in writing must be that-allegation in writing must be that- 1)1) an unfair trade practice or a restrictive tradean unfair trade practice or a restrictive trade practice has been adopted by any trader orpractice has been adopted by any trader or service provider.service provider.
  • 24. Cont. 2) the goods bought by him or agreed to be2) the goods bought by him or agreed to be bought by him suffer from one or more defectsbought by him suffer from one or more defects 3) the services hired or availed of or agreed to3) the services hired or availed of or agreed to be hired or availed by him suffer frombe hired or availed by him suffer from deficiency in any respect.deficiency in any respect.
  • 25. Cont. 4) A trader or the service provider as the case may4) A trader or the service provider as the case may be, has changed for the goods or for the servicesbe, has changed for the goods or for the services mentioned in the complaint, a price in excess of thementioned in the complaint, a price in excess of the price-price- a)a)Fixed by or under any law for the time being inFixed by or under any law for the time being in force.force. b)b)Displayed on the goods or any packageDisplayed on the goods or any package containing such goods.containing such goods. c)c)Displayed on the price list exhibited by him by orDisplayed on the price list exhibited by him by or under any law for the time being in force.under any law for the time being in force. d)d)Agreed between the parties.Agreed between the parties.
  • 26. Cont. 5) 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 complied 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.
  • 27. Cont. 6) Services which are hazardous or likely to be6) Services which are hazardous or likely to be hazardous to life and safety of the public whenhazardous to life and safety of the public when used, are being offered by the service providerused, are being offered by the service provider which such person could have known with duewhich such person could have known with due diligence to be injurious to life and safety.diligence to be injurious to life and safety.
  • 28. Cont. • DEFECTDEFECT It means any fault, imperfection or shortcomingIt means any fault, imperfection or shortcoming in the quality, quantity, potency, purity orin the quality, quantity, potency, purity or standard which is required to be maintainedstandard which is required to be maintained by or under any law for the time being inby or under any law for the time being in force under any contract, express or impliedforce under any contract, express or implied or as is claimed by the trader in any manneror as is claimed by the trader in any manner whatsoever in relation to any goods.whatsoever in relation to any goods.
  • 29. Cont. • DEFICIENCYDEFICIENCY Means any fault, imperfection, shortcoming orMeans any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner ofinadequacy in the quality, nature and manner of performance which is required to be maintained by orperformance which is required to be maintained by or under any law for the time being in force or has beenunder any law for the time being in force or has been undertaken to be performed by a person in pursuanceundertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.of a contract or otherwise in relation to any service. • DISTRICT FORUMDISTRICT FORUM It means a Consumer Disputes Redressal ForumIt means a Consumer Disputes Redressal Forum established under clauseof section 9(a)established under clauseof section 9(a)
  • 30. Cont. • GOODSGOODS Goods as defined in the Sale of Goods Act,Goods as defined in the Sale of Goods Act, 1930-1930- ““every kind of movable property other thanevery kind of movable property other than actionable claims and money, and includesactionable claims and money, and includes stocks and shares, growing crops, grass andstocks and shares, growing crops, grass and things attached to or forming part of landthings attached to or forming part of land which are agreed to be served before sale orwhich are agreed to be served before sale or under the contract of saleunder the contract of sale””
  • 31. Cont. • NATIONAL COMMISSIONNATIONAL COMMISSION It means the National Consumer Disputes Redressal Commission established under clause (c) of section 9 • MANUFACTURERMANUFACTURER It means a person who— (i) makes or manufactures any goods or part thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or
  • 32. Cont. (iii) puts or causes to be put his own mark on any(iii) puts or causes to be put his own mark on any goods made or manufactured by any othergoods made or manufactured by any other manufacturer.manufacturer. • PERSONPERSON It includes-It includes- (i) a firm whether registered or not;(i) a firm whether registered or not; (ii) a Hindu undivided family;(ii) a Hindu undivided family; (iii) a co-operative society;(iii) a co-operative society; (iv) every other association of persons whether(iv) every other association of persons whether registered under the Societies Registration act 1860.registered under the Societies Registration act 1860.
  • 33. Cont. • RESTRICTIVE TRADE PRACTICERESTRICTIVE TRADE PRACTICE means a trademeans a trade practice which tends to bring aboutpractice which tends to bring about manipulation of price or conditions of delivery ormanipulation of price or conditions of delivery or to affect flow of supplies in the market relatingto affect flow of supplies in the market relating to goods or services in such a manner as toto goods or services in such a manner as to impose on the consumers unjustified costs orimpose on the consumers unjustified costs or restrictions and shall include—restrictions and shall include— (a) delay beyond the period agreed to by a trader(a) delay beyond the period agreed to by a trader in supply of such goods or in providing thein supply of such goods or in providing the services which has led or is likely to lead to rise inservices which has led or is likely to lead to rise in the price;the price;
  • 34. Cont. (b) any trade practice which requires a consumer to buy,(b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, serviceshire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing ofas condition precedent to buying, hiring or availing of other goods or services.other goods or services. •SERVICESERVICE means service of any description which ismeans service of any description which is made available to potential users and includesmade available to potential users and includes provisions of facilities in connections with:-provisions of facilities in connections with:- •BankingBanking •Financing insuranceFinancing insurance
  • 35. Cont. • TransportTransport • ProcessingProcessing • Supply of electrical or other energySupply of electrical or other energy • Board or lodging or bothBoard or lodging or both • Housing constructionHousing construction • EntertainmentEntertainment • Amusement or the purveying of news or otherAmusement or the purveying of news or other informationinformation but does not includebut does not include the rendering of any service free ofthe rendering of any service free of charge or under a contract of personal service.charge or under a contract of personal service.
  • 36. Cont. •SPURIOUS GOODS AND SERVICESPURIOUS GOODS AND SERVICE means suchmeans such goods and services which are claimed to begoods and services which are claimed to be genuine but they are actually not so.genuine but they are actually not so. •STATE COMMISSIONSTATE COMMISSION means a Consumermeans a Consumer Disputes Redressal Commission established in aDisputes Redressal Commission established in a State under clause (b) of section 9State under clause (b) of section 9
  • 37. Cont. • TRADERTRADER in relation to any goods means ain relation to any goods means a person who sells or distributes any goods for saleperson who sells or distributes any goods for sale and includes the manufacturer thereof, andand includes the manufacturer thereof, and where such goods are sold or distributed inwhere such goods are sold or distributed in package form, includes the packer thereof.package form, includes the packer thereof. • CONSUMER DISPUTECONSUMER DISPUTE means a dispute wheremeans a dispute where the person against whom a complaint has beenthe person against whom a complaint has been made, denies or disputes the allegationsmade, denies or disputes the allegations contained in the complaint.contained in the complaint.
  • 39. THE ACT PROVIDES FOR SETTING UP OF : A three tier system: • The central consumer protection council • The state consumer protection council • Consumer disputes redressal agencies
  • 41. Composition of the redressal machinery
  • 43. CENTRAL CONSUMER PROTECTIONCENTRAL CONSUMER PROTECTION COUNCILCOUNCIL • CENTRAL CONSUMER PROTECTION COUNCILCENTRAL CONSUMER PROTECTION COUNCIL (l) The Central Government shall,by notification,(l) The Central Government shall,by notification, establish with effect from such date as it may specifyestablish with effect from such date as it may specify in such notification,in such notification, a Council to be known as the Central Consumera Council to be known as the Central Consumer Protection Council.Protection Council. (2) The Central Council shall consist of the following(2) The Central Council shall consist of the following members, namely:members, namely:
  • 44. Cont. (a) the Minister in charge of the 1[consumer(a) the Minister in charge of the 1[consumer affairs] in the Central Government, who shallaffairs] in the Central Government, who shall be its Chairman, andbe its Chairman, and (b) such number of other official or non-official(b) such number of other official or non-official members representing such interests asmembers representing such interests as may be prescribed.may be prescribed.
  • 45. Procedure for meetings of the CentralProcedure for meetings of the Central CouncilCouncil ( I) The Central Council shall meet as and( I) The Central Council shall meet as and when necessary, but 2[at least one meeting] of thewhen necessary, but 2[at least one meeting] of the Council shall be held every year.Council shall be held every year. (2) The Central Council shall meet at such time(2) The Central Council shall meet at such time and place as the Chairman may think fit and shalland place as the Chairman may think fit and shall observe such procedure in regard to theobserve such procedure in regard to the transaction of its business as may be prescribed.transaction of its business as may be prescribed.
  • 46. OBJECTIVES OF CENTRAL COUNCILOBJECTIVES OF CENTRAL COUNCIL Its main aim should be to pomote andIts main aim should be to pomote and protect the intrests and rights of theprotect the intrests and rights of the consumers:consumers: •Right to be protected against hazardousRight to be protected against hazardous goods.goods. •Right to be informed.Right to be informed. •Right to be assuredRight to be assured •Right to be heardRight to be heard •Right to seek redressalRight to seek redressal •Right for consumer education.Right for consumer education.
  • 47. STATE CONSUMER PROTECTIONSTATE CONSUMER PROTECTION COUNCILCOUNCIL (1) The State Government shall, by notification,(1) The State Government shall, by notification, establish with effect from such date as it mayestablish with effect from such date as it may specify in such notification, a Council to be knownspecify in such notification, a Council to be known as the Consumer Protection Council.as the Consumer Protection Council. (2)The State Council shall consist of the following(2)The State Council shall consist of the following members, namely :members, namely : (a) the Minister Incharge of consumer affairs in the(a) the Minister Incharge of consumer affairs in the State Government who shall be its Chairman;State Government who shall be its Chairman;
  • 48. Cont. b) such number of other official or non-officialb) such number of other official or non-official members representing such interests as may 'bemembers representing such interests as may 'be prescribed by the State Government.prescribed by the State Government. (c) such number of other official or non-official(c) such number of other official or non-official members, not exceeding ten, as may bemembers, not exceeding ten, as may be nominated by the Central Governmentnominated by the Central Government (3) The State Council shall meet as and when(3) The State Council shall meet as and when necessary but not less than two meetings shall benecessary but not less than two meetings shall be held every year.held every year.
  • 49. OBJECTIVES OF THE STATE CONSUMER PROTECTIONOBJECTIVES OF THE STATE CONSUMER PROTECTION COUNCILCOUNCIL The objects of every State Council shall be to promoteThe objects of every State Council shall be to promote and protect within the State the rights of the consumersand protect within the State the rights of the consumers laid down in clauses (a) to (f) of section 6.laid down in clauses (a) to (f) of section 6. The District Consumer Protection CouncilThe District Consumer Protection Council –– (1) The State Government shall establish for(1) The State Government shall establish for Every district, by notification, a council to be known asEvery district, by notification, a council to be known as the District Consumer Protection Councilthe District Consumer Protection Council with effect from such date as it may specify in suchwith effect from such date as it may specify in such notificationnotification
  • 50. Cont. (2) The District Consumer Protection Council(2) The District Consumer Protection Council (hereinafter referred to as the District Council)(hereinafter referred to as the District Council) shall consist of the following members, namelyshall consist of the following members, namely –– (a) the Collector of the district (by whatever(a) the Collector of the district (by whatever name called), who shall be its Chairman; andname called), who shall be its Chairman; and (b) such number of other official and non-(b) such number of other official and non- official members representing such interests asofficial members representing such interests as may be prescribed by the State Government.may be prescribed by the State Government.
  • 51. Cont. (3) The District Council shall meet as and when(3) The District Council shall meet as and when necessary but not less than two meetings shall benecessary but not less than two meetings shall be held every year.held every year. (4) The District Council shall meet as such time and(4) The District Council shall meet as such time and place within the district as the Chairmanplace within the district as the Chairman may think fit and shall observe such procedure inmay think fit and shall observe such procedure in regard to the transaction of its business as mayregard to the transaction of its business as may be prescribed by the State Governmentbe prescribed by the State Government
  • 52. Cont. (B.) Objects of the District Council - The objects(B.) Objects of the District Council - The objects of every District Council shall be to promoteof every District Council shall be to promote and protect within the district the rights of theand protect within the district the rights of the consumers laid down in clauses (a) to (f) ofconsumers laid down in clauses (a) to (f) of section.section.
  • 53. Consumer dispute redressal agenciesConsumer dispute redressal agencies 1) Distict forum established by the state government1) Distict forum established by the state government in each district of the state by notification.in each district of the state by notification. 2) State commission established by the state2) State commission established by the state governmentin the state by notification.governmentin the state by notification. 3) Nation consumer dipute redressal commission3) Nation consumer dipute redressal commission established bycentral government by notification.established bycentral government by notification.
  • 54. Consumer dispute redressal forumConsumer dispute redressal forum Each consumer redressal forum shall consist …Each consumer redressal forum shall consist … 1)1)A person who is, or has been, or is qualified to be aA person who is, or has been, or is qualified to be a district judge, who shall be its president.district judge, who shall be its president. 2)2)2 other members, one of whom shall be a woman,2 other members, one of whom shall be a woman, who shall have the following qualifications:who shall have the following qualifications: be not less than 35 years of age.be not less than 35 years of age. posses a bachelor’s degree from a recognisedposses a bachelor’s degree from a recognised universityuniversity
  • 55. Cont. 3) be person of abilty, integrity an standing, and3) be person of abilty, integrity an standing, and have adequate knowledge and experience of atleasthave adequate knowledge and experience of atleast ten years dealing in problems relating to economics,ten years dealing in problems relating to economics, law, commerce, accountancy, industry, public affairslaw, commerce, accountancy, industry, public affairs or administration.or administration. Further a person is disqualified for appointment as aFurther a person is disqualified for appointment as a member, if he..member, if he.. a)Has been convicted and sentenced toa)Has been convicted and sentenced to imprisonment for an offence which, in the opinion ofimprisonment for an offence which, in the opinion of the state government, involves moral turpitude; orthe state government, involves moral turpitude; or
  • 56. Cont. b)Is an undischarged insolvent; orb)Is an undischarged insolvent; or c)Is of unsound mind and stands soc)Is of unsound mind and stands so declared by a competent court; ordeclared by a competent court; or d)Has been removed or dismissed from thed)Has been removed or dismissed from the service of the government or a bodyservice of the government or a body corporated owned or controlled by thecorporated owned or controlled by the govrnment; orgovrnment; or
  • 57. Cont. e) has, in the opinion of the statee) has, in the opinion of the state government,such financial or the other interestgovernment,such financial or the other interest as is likely to affect prejudicially the dischargeas is likely to affect prejudicially the discharge by him of his functions as a member;orby him of his functions as a member;or f) Has such other disqualifications as may bef) Has such other disqualifications as may be presribed by the government.presribed by the government.
  • 58. Lodging a complaintLodging a complaint A ‘prescribed fee’ is payable for filing a complaintA ‘prescribed fee’ is payable for filing a complaint before the District Forum, State Commission or Nationalbefore the District Forum, State Commission or National Commission as follows:Commission as follows: •Upto 1 lakh - Rs.100/-Upto 1 lakh - Rs.100/- •1 lakh to 5 lakhs - Rs.200/-1 lakh to 5 lakhs - Rs.200/- •5 lakhs to 10 lakhs - Rs.400/-5 lakhs to 10 lakhs - Rs.400/- •10 lakhs to 20 lakhs - Rs.500/-10 lakhs to 20 lakhs - Rs.500/- You can pay this by Demand Draft in favour ofYou can pay this by Demand Draft in favour of “President, State Consumer Disputes Redressal“President, State Consumer Disputes Redressal Commission, Chennai.Commission, Chennai.
  • 59. Cont. The complainant can present his / herThe complainant can present his / her complaint in person or by his / hercomplaint in person or by his / her authorised representative to the Districtauthorised representative to the District Forum / State Commission.Forum / State Commission. There is no requirement for a lawyer orThere is no requirement for a lawyer or consumer group to represent theconsumer group to represent the complainant.complainant.
  • 60. CONSUMER REDRESSAL UNDER DISTRICT FORUMCONSUMER REDRESSAL UNDER DISTRICT FORUM COMPLAINT RELATING TO GOODSCOMPLAINT RELATING TO GOODS 1-Refrences of sample to laboratory where the1-Refrences of sample to laboratory where the complaint alleges a defect in the goods whichcomplaint alleges a defect in the goods which cannot be determined without proper analysiscannot be determined without proper analysis or test of the goods.or test of the goods. 2-Deposit of fees.2-Deposit of fees.
  • 61. Cont. 3- Remission of fees to laboratory and forwarding3- Remission of fees to laboratory and forwarding of report to opposite party.of report to opposite party. 4- objections by any of the parties.4- objections by any of the parties. 5- reasonable opportunity to parties of being5- reasonable opportunity to parties of being heard and issue of order.heard and issue of order.
  • 62. CONT.CONT. COMPLAINT RELATING TO SERVICESCOMPLAINT RELATING TO SERVICES •Reference of the claim to opposite parrty.Reference of the claim to opposite parrty. •Denial,etc. of allegation by the oppositeDenial,etc. of allegation by the opposite party.party. •Settlement of disputesSettlement of disputes •Proceedings of the district forum finalProceedings of the district forum final •Death of the comlainantDeath of the comlainant •PeriodPeriod
  • 63. RESPONSIBILITIES OF CONSUMERSRESPONSIBILITIES OF CONSUMERS • CRITICAL AWARENESSCRITICAL AWARENESS (ask questions on quality, price,and use of goods and services)(ask questions on quality, price,and use of goods and services) • ACTIONACTION ((know your consumer rights)know your consumer rights) • SOCIAL CONCERNSOCIAL CONCERN (care for senior citizens and persons with disablities)(care for senior citizens and persons with disablities) • ENVIRONMENTAL AWARENESSENVIRONMENTAL AWARENESS ( help and maintain a clean environment)( help and maintain a clean environment) • SOLIDARITYSOLIDARITY (join consumer organisations and be heard as a consumer)(join consumer organisations and be heard as a consumer)
  • 64. APPROACH FOR REDRESSALSAPPROACH FOR REDRESSALS Consumers can approach the commissions at the:Consumers can approach the commissions at the: 1.) District commission1.) District commission 2.) State commission2.) State commission 3.) National commission3.) National commission There is no court fee charged to the consumersThere is no court fee charged to the consumers and they does not have to go to through lawyers.and they does not have to go to through lawyers.
  • 65. Relief available to consumers • Removal of defects from the goods • Replacement of goods • Refunds of the price paid • Award of compensation to consumers for any loss or injury • Removal of deficiencies in service • To discontinue unfair trade practices • Not of offer hazadous goods from being offered for sale • Withdraw hazardous goods from being offered for sale • To provide for adequate costs to parties.
  • 66. CONSUMER GROUPCONSUMER GROUP Consumer organizations are advocacy groups thatConsumer organizations are advocacy groups that seek to protect people from corporate abuse likeseek to protect people from corporate abuse like unsafe products, predatory lending, falseunsafe products, predatory lending, false advertising and pollution.advertising and pollution. Consumer organizations may operate via protests,Consumer organizations may operate via protests, campaigning or lobbying.campaigning or lobbying.
  • 67. Establishment of consumer groupsEstablishment of consumer groups Some of functions of consumer groups are:Some of functions of consumer groups are: •Educating consumers rights.Educating consumers rights. •Creating awareness through publishingCreating awareness through publishing laboratory tests of goods and services inlaboratory tests of goods and services in newspapers.newspapers. •Filing a complaint on behalf of the consumers orFiling a complaint on behalf of the consumers or the group of consumers.the group of consumers. •Providing guidance to consumers againstProviding guidance to consumers against hazardous goods and services.hazardous goods and services.
  • 68. Prominent consumer groups in INDIAProminent consumer groups in INDIA • CGSICGSI –Consumer Group Society of India.–Consumer Group Society of India. • MGPMGP– Mumbai Grahak Pnchayat– Mumbai Grahak Pnchayat • CUTSCUTS– Consumer Unity and Trust Society– Consumer Unity and Trust Society • VOICEVOICE – Voluntary Organisation in the– Voluntary Organisation in the Intrests of Consumer Education.Intrests of Consumer Education.