Introduction of the Act
• Consumer Protection Act, 1986 is an act of
Parliament of India enacted in 1986 to
protect interests of consumers in India.
• It extends to the whole of India except the
State of Jammu and Kashmir.
• This Act is applied to all goods and services.
• It shall come enforce through central govt.
by notifications for different provisions of
Objectives of the act
1. Better protection of interests of consumers.
2. Protection of the rights of the consumers:
(a) The right to be protected against marketing of
goods which are hazardous to life and
(b) the right to be informed about the quality,
quantity, potency, purity, standard and
price of goods to protect the consumer against unfair
(c) The right to be assured, wherever possible,
access to an authority of goods at
(d) The right to be heard and to be assured that
consumers interests will receive due
consideration at appropriate forums;
(e) The right to seek redressal against unfair trade
practices or unscrupulous exploitation
of consumers; and
(f) Right to consumer education.
3. Protection by the Consumer Protection
4. Quasi-judicial machinery for speedy redressal
of consumer disputes.
(i) buys any goods for a consideration which has been
paid or promised or partly paid and partly promised,
(ii) or under any system of deferred payment and
includes any user of such goods other than
(iii) the person who buys such goods for consideration
paid or promised or partly paid or partly promised,
(iv) or under any system of deferred payment
when such use is made with the approval of
(v) BUT does not include a person who obtains
such goods for resale or for any commercial
Second definition of Consumer:
(i)hires or avails of any services for a consideration
which has been paid or promised or partly paid
and partly promised,
(ii)or under any system of deferred payment and
includes any beneficiary of such services other than
(iii) who 'hires or avails of the services for
consideration paid or promised,
(iv) or partly paid and partly promised, or
under any system of deferred payment,
(v) when such services are availed of with the
approval of the first mentioned person.
• Appropriate laboratory [sec.2 (1)a]
It means a laboratory or organisation1) Recognised by the central government
2)Recognised by a state government
3)Any laboratory or organisation eshtablished
by or under any law for the time being in
force ,which is maintained, financed or aided
by the central government or state
1) A consumer
2)Any voluntary consumer association
registered under the companies act,1956, or
under any other law for the time being in
3)The central government or any state
government, who or which makes a
4) One or more consumers, where there are
numerous consumers having the same intrest.
5) In case of death of a consumer, his legal heir
or representative. (this clause has been
introduced by the CPA amendment act, 2002)
It means any allegation in writing made by a
complainant with a view to obtaining any
relief provided by or under this act. This
allegation in writing must be that1) an unfair trade practice or a restrictive trade
practice has been adopted by any trader or
2) the goods bought by him or agreed to be
bought by him suffer from one or more defects
3) the services hired or availed of or agreed to
be hired or availed by him suffer from
deficiency in any respect.
4) A trader or the service provider as the case may
be, has changed for the goods or for the services
mentioned in the complaint, a price in excess of the
pricea)Fixed by or under any law for the time being in
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.
5) Goods which will be hazardous to life and safety
when used are being offered for sale to the publica) 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
b) If the trader could have known with due
diligence that the goods so offered are unsafe to
6) Services which are hazardous or likely to be
hazardous to 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.
It means any fault, imperfection or shortcoming
in the quality, quantity, potency, purity or
standard which is required to be maintained
by or under any law for the time being in
force under any contract, express or implied
or as is claimed by the trader in any manner
whatsoever in relation to any goods.
Means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of
performance which is required to be maintained by or
under any law for the time being in force or has been
undertaken to be performed by a person in pursuance
of a contract or otherwise in relation to any service.
• DISTRICT FORUM
It means a Consumer Disputes Redressal Forum
established under clauseof section 9(a)
Goods as defined in the Sale of Goods Act,
1930“every kind of movable property other than
actionable claims and money, and includes
stocks and shares, growing crops, grass and
things attached to or forming part of land
which are agreed to be served before sale or
under the contract of sale”
• NATIONAL COMMISSION
It means the National Consumer Disputes Redressal
Commission established under clause (c) of section 9
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
(iii) puts or causes to be put his own mark on any
goods made or manufactured by any other
It includes(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons whether
registered under the Societies Registration act 1860.
• RESTRICTIVE TRADE PRACTICE means a trade
practice which tends to bring about
manipulation of price or conditions of delivery or
to affect flow of supplies in the market relating
to goods or services in such a manner as to
impose on the consumers unjustified costs or
restrictions and shall include—
(a) delay beyond the period agreed to by a trader
in supply of such goods or in providing the
services which has led or is likely to lead to rise in
(b) any trade practice which requires a consumer to buy,
hire or avail of any goods or, as the case may be, services
as condition precedent to buying, hiring or availing of
other goods or services.
•SERVICE means service of any description which is
made available to potential users and includes
provisions of facilities in connections with:•Banking
Supply of electrical or other energy
Board or lodging or both
Amusement or the purveying of news or other
but does not include the rendering of any service free of
charge or under a contract of personal service.
•SPURIOUS GOODS AND SERVICE means such
goods and services which are claimed to be
genuine but they are actually not so.
•STATE COMMISSION means a Consumer
Disputes Redressal Commission established in a
State under clause (b) of section 9
• TRADER in relation to any goods means a
person who sells or distributes any goods for sale
and includes the manufacturer thereof, and
where such goods are sold or distributed in
package form, includes the packer thereof.
• CONSUMER DISPUTE means a dispute where
the person against whom a complaint has been
made, denies or disputes the allegations
contained in the complaint.
ACT NOT IN DEROGATION OF ANY OTHER
THE PROVISIONS OF THIS ACT SHALL BE
IN ADDITION TO AND NOT IN
DEROGATION OF THE PROVISIONS OF
ANY LAW FOR BEING IN FORCE.
CENTRAL CONSUMER PROTECTION
• CENTRAL CONSUMER PROTECTION COUNCIL
(l) The Central Government shall,by notification,
establish with effect from such date as it may specify
in such notification,
a Council to be known as the Central Consumer
(2) The Central Council shall consist of the following
(a) the Minister in charge of the 1[consumer
affairs] in the Central Government, who shall
be its Chairman, and
(b) such number of other official or non-official
members representing such interests as
may be prescribed.
Procedure for meetings of the Central
( I) The Central Council shall meet as and
when necessary, but 2[at least one meeting] of the
Council shall be held every year.
(2) The Central Council shall meet at such time
and place as the Chairman may think fit and shall
observe such procedure in regard to the
transaction of its business as may be prescribed.
OBJECTIVES OF CENTRAL COUNCIL
Its main aim should be to pomote and
protect the intrests and rights of the
•Right to be protected against hazardous
•Right to be informed.
•Right to be assured
•Right to be heard
•Right to seek redressal
•Right for consumer education.
STATE CONSUMER PROTECTION
(1) The State Government shall, by notification,
establish with effect from such date as it may
specify in such notification, a Council to be known
as the Consumer Protection Council.
(2)The State Council shall consist of the following
members, namely :
(a) the Minister Incharge of consumer affairs in the
State Government who shall be its Chairman;
b) such number of other official or non-official
members representing such interests as may 'be
prescribed by the State Government.
(c) such number of other official or non-official
members, not exceeding ten, as may be
nominated by the Central Government
(3) The State Council shall meet as and when
necessary but not less than two meetings shall be
held every year.
OBJECTIVES OF THE STATE CONSUMER PROTECTION
The objects of every State Council shall be to promote
and protect within the State the rights of the consumers
laid down in clauses (a) to (f) of section 6.
(A) The District Consumer Protection Council –
(1) The State Government shall establish for
Every district, by notification, a council to be known as
the District Consumer Protection Council
with effect from such date as it may specify in such
(2) The District Consumer Protection Council
(hereinafter referred to as the District Council)
shall consist of the following members, namely
(a) the Collector of the district (by whatever
name called), who shall be its Chairman; and
(b) such number of other official and nonofficial members representing such interests as
may be prescribed by the State Government.
(3) The District Council shall meet as and when
necessary but not less than two meetings shall be
held every year.
(4) The District Council shall meet as such time and
place within the district as the Chairman
may think fit and shall observe such procedure in
regard to the transaction of its business as may
be prescribed by the State Government
(B.) Objects of the District Council - The objects
of every District Council shall be to promote
and protect within the district the rights of the
consumers laid down in clauses (a) to (f) of
Consumer dispute redressal agencies
1) Distict forum established by the state government
in each district of the state by notification.
2) State commission established by the state
governmentin the state by notification.
3) Nation consumer dipute redressal commission
established bycentral government by notification.
Consumer dispute redressal forum
Each consumer redressal forum shall consist …
1)A person who is, or has been, or is qualified to be a
district judge, who shall be its president.
2)2 other members, one of whom shall be a woman,
who shall have the following qualifications:
be not less than 35 years of age.
posses a bachelor’s degree from a recognised
3) be person of abilty, integrity an standing, and
have adequate knowledge and experience of atleast
ten years dealing in problems relating to economics,
law, commerce, accountancy, industry, public affairs
Further a person is disqualified for appointment as a
member, if he..
a)Has been convicted and sentenced to
imprisonment for an offence which, in the opinion of
the state government, involves moral turpitude; or
b)Is an undischarged insolvent; or
c)Is of unsound mind and stands so
declared by a competent court; or
d)Has been removed or dismissed from the
service of the government or a body
corporated owned or controlled by the
e) has, in the opinion of the state
government,such financial or the other interest
as is likely to affect prejudicially the discharge
by him of his functions as a member;or
f) Has such other disqualifications as may be
presribed by the government.
JURISDICTION: If the relief claimed in the complaint is
less than Rs. 20,00,000/-, then the complaint must be
filed before the District Consumer Forum.
If the relief claimed is between Rs. 20,00,000/- and Rs.
1,00,00,000/-, then the complaint must be filed before
the State Commission.
When the relief claim exceeds Rs. 1,00,00,000/- then the
complaint must be filed before the National Commission
at New Delhi.
Lodging a complaint
A ‘prescribed fee’ is payable for filing a complaint
before the District Forum, State Commission or National
Commission as follows:
•Upto 1 lakh
- Rs.100/•1 lakh to 5 lakhs
- Rs.200/•5 lakhs to 10 lakhs
- Rs.400/•10 lakhs to 20 lakhs - Rs.500/You can pay this by Demand Draft in favour of
“President, State Consumer Disputes Redressal
The complainant can present his / her
complaint in person or by his / her
authorised representative to the District
Forum / State Commission.
There is no requirement for a lawyer or
consumer group to represent the
CONSUMER REDRESSAL UNDER DISTRICT FORUM
COMPLAINT RELATING TO GOODS
1-Refrences of sample to laboratory where the
complaint alleges a defect in the goods which
cannot be determined without proper analysis
or test of the goods.
2-Deposit of fees.
3- Remission of fees to laboratory and forwarding
of report to opposite party.
4- objections by any of the parties.
5- reasonable opportunity to parties of being
heard and issue of order.
COMPLAINT RELATING TO SERVICES
•Reference of the claim to opposite parrty.
•Denial,etc. of allegation by the opposite
•Settlement of disputes
•Proceedings of the district forum final
•Death of the comlainant
CONSUMER REDRESSAL UNDER STATE
• Tranfer of cases
• Circuit benches
• Hearing of appeal
CONSUMER REDRESSAL UNDER NATIONAL
Place of the national commision of india
Finality of orders
Enforcement of orders of the district forum,
the state commision or the national
• Dismissal of frivolous or vexatious complaints
RIGHTS OF A CONSUMER
RIGHTS OF THE CONSUMERS ARE•RIGHT TO SAFETY
•RIGHT TO BE INFORMED
•RIGHT TO CHOOSE
•RIGHT TO BE HEARD
•RIGHT TO SEEK REDRESSAL
•RIGHT TO CONSUMER EDUCATION
• RIGHT TO SAFETY
Right to be protected against marketing of
goods and services which are hazardous to life
applicable to specific areas like healthcare,
pharmaceuticals and food processing.
• RIGHT TO BE INFORMED
The right to be informed about the quality,
quantity, purity, standard and price of goods or
services, so as to protect the consumer against
unfair trade practices.
• RIGHT TO CHOOSE
the right to be assured, wherever possible, to
have access to a variety of goods and services
at competitive prices.
• RIGHT TO BE HEARD
the right to be heard and to be assured that
consumer's interests will receive due
consideration at appropriate forums.
• RIGHT TO SEEK REDRESSAL
The right to seek redressal against unfair trade
practices or restrictive trade practices or
exploitation of consumers is referred to as the
right to redressal.
• RIGHT TO CONSUMER EDUCATION
The right of every Indian citizen to have
education on matters regarding consumer
protection as well as about her/his right is
regarded as the last right provided by the
Consumer Protection Act 1986.
RESPONSIBILITIES OF CONSUMERS
• CRITICAL AWARENESS
(ask questions on quality, price,and use of goods and services)
(know your consumer rights)
• SOCIAL CONCERN
(care for senior citizens and persons with disablities)
• ENVIRONMENTAL AWARENESS
( help and maintain a clean environment)
(join consumer organisations and be heard as a consumer)
APPROACH FOR REDRESSALS
Consumers can approach the commissions at the:
1.) District commission
2.) State commission
3.) National commission
There is no court fee charged to the consumers
and they does not have to go to through lawyers.
REGARDS TO COMPLAINT
The consumer can file a case under consumer protection
act 1986 only if:
1.) he has suffered a loss or damage as a result of any
unfair trade practice adopted by any trader.
2.) the goods and services mentioned in the complaint
suffer one or more defects.
3.) a trader has charged for the goods mentioned in the
complaint a price in excess of the price which is fixed by
law, displaced on the goods or displaced on any packet
containig such goods.
Consumer organizations are advocacy groups that
seek to protect people from corporate abuse like
unsafe products, predatory lending, false
advertising and pollution.
Consumer organizations may operate via protests,
campaigning or lobbying.
Establishment of consumer groups
Some of functions of consumer groups are:
•Educating consumers rights.
•Creating awareness through publishing
laboratory tests of goods and services in
•Filing a complaint on behalf of the consumers or
the group of consumers.
•Providing guidance to consumers against
hazardous goods and services.
Prominent consumer groups in INDIA
• CGSI –Consumer Group Society of India.
• MGP– Mumbai Grahak Pnchayat
• CUTS– Consumer Unity and Trust Society
• VOICE – Voluntary Organisation in the
Intrests of Consumer Education.