Hscdlcopra

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Important Sections of Consumer Protection Act

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Hscdlcopra

  1. 1. 1 The Consumer Protection Act 1986 • Important points Complaint Consumer Defect in Goods Deficiency of Service District Consumer Redressal Forum Format and procedure of complaint Methodology of Redressal National Consumer Redressal Forum Procedure for appeals. State Consumer Redressal Forum Who can Lodge a Complaint? Leading cases Sample Questions SHANTILAL HAJERI
  2. 2. 2 Important section Numbers Definitions; 2,9, District Forum :10 to 15 State Commission: 16 to 19 National commission : 20 to 24 Others: 27 & 29 SHANTILAL HAJERI
  3. 3. 3 District Forum S-10. Composition of the District Forum (1) Each District Forum shall consist of- (a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President; (b) two other members, who shall be persons of ability, integrity and standing, one of whom shall be a woman. District Forum shall be deemed to be a civil court SHANTILAL HAJERI
  4. 4. 4 District Forum S-11. Jurisdiction (1) to entertain complaints where the value of the goods or services and the compensation, if any, claimed [does not exceed rupees five lakhs. within the local limits of whose jurisdiction- (a) the opposite party actually and voluntarily resides or carries on business, or has a branch office or (b) the cause of action, wholly or in part, arises. SHANTILAL HAJERI
  5. 5. 5 Who can make a complaint? S-12. A complaint may be filed by- (a) the consumer; (b) any recognised consumers association whether the consumer is a member of such association or not; or (c) one or more consumers, where there are numerous consumers having the same interest, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central or the State Government. S-24A. A complaint should be lodged within 2 years from the date of cause of action. SHANTILAL HAJERI
  6. 6. 6 Procedure on receipt of complaint 13. Procedure on receipt of complaint (1) The District Forum shall, if it relates to any goods- (a)refer a copy of the complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days (b) where the opposite party denies the allegations or fails to take any action to represent his case the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g); SHANTILAL HAJERI
  7. 7. 7 Procedure on receipt of complaint The District Forum shall obtain a sample of the goods,refer it to the appropriate laboratory to report its findings within a period of forty-five days The District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party; SHANTILAL HAJERI
  8. 8. 8 Finding of the District Forum 14. (1) If, the District Forum is satisfied that the goods suffer from any of the defects it shall issue an order to the opposite party directing him to do one or more of the following things, namely,- (a) to remove the defect (b) to replace the goods (c) to return the price, (d) to pay compensation for any loss or injury suffered (e) 2[(e) to remove the defects or deficiencies in the services in question (f) to provide for adequate costs to parties SHANTILAL HAJERI
  9. 9. 9 Appeal S-15. Any person aggrieved by an order may prefer an appeal against such order to the State Commission within a period of thirty days. Court can condone delay if satisfied. SHANTILAL HAJERI
  10. 10. 10 State Commission S-16. Composition of the State Commission (1) Each State Commission shall consist of- (a) a person who is, or has been, or is qualified to be a Judge of a High Court who shall be its President; (b) two other members, who shall be persons of ability, integrity and standing, one of whom shall be a woman. SHANTILAL HAJERI
  11. 11. 11 State Commission S-17. Jurisdiction (1) to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceeds rupees five lakhs but does not exceed 20 lakhs. (2) Appeals against the orders of the district forum. SHANTILAL HAJERI
  12. 12. 12 National Commission S-20. Composition of the National Commission (1) Each National Commission shall consist of- (a) a person who is, or has been, or is qualified to be a Judge of a Supreme Court who shall be its President; (b) Four other members, who shall be persons of ability, integrity and standing, one of whom shall be a woman. SHANTILAL HAJERI
  13. 13. 13 National Commission S-21. Jurisdiction (1) to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceeds rupees twenty lakhs (2) Appeals against the orders of the National Commission SHANTILAL HAJERI
  14. 14. 14 Penalties. 26. Frivolous or vexatious complaints order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees. 27. Penalties If a party fails to comply with any order made by the consumer court such person shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both: SHANTILAL HAJERI

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