Presentation onConsumer Protection Act By :- Vishal Thakur
IntroductionThe Consumer Protection Act was enacted in 1986.Some Amendments were made in 2002.The Act applies to the whole of India except the Stateof Jammu and Kashmir.It is an Act to provide better protection of theinterest of the consumers.
The act is proposed to :-1. Protect the interests of consumers2. Confer certain rights on consumers3. Stop traders from cheating consumers4. Offer simple, quick and inexpensive redressal for consumers
Rights of Consumer► Right to safety► Right to be informed► Right to choose► Right to be heard► Right to seek redressal► Right to consumer education
DefinitionsConsumer is a person who….. i) buys any goods for a consideration ii) hires any services for a consideration
Who are not consumers?1. A person who purchased goods for resale2. A person who purchased goods for commercial purpose3. A person who obtains services without consideration4. Tax-payers to municipality5. Contractors6. Applicants for jobs7. Persons who filed suits in courts
Defect or Deficiency “any fault, imperfections or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law”.Services Any description which is made available to potential users
Complaint‘Complaint’ means any allegation in writing made for-i) an unfair trade practice or a restrictive trade practice adopted by any trade or service providerii) the goods bought by complainant or agreed to be bought by him suffers from one more defectiii) the services hired or agreed to be hired suffer from deficiency in any respect
iv) a trader or the service provider has charged for the goods or for the services , a price in excess of the price- a) fixed by or under any law b) displayed on the goods or any package containing such goods c) agreed between the parties
A complaint may be filed by 1. The consumer to whom such goods are sold 2. Any recognized consumer association, where that consumer is a member 3. One or more consumers, where there are numerous consumers having same interest 4. The Central and State Government
Consumer Disputes Redressal ForumsThe aims and objectives of the Act are achieved by theconstitution and creation of District Forum State Commission National Consumer Disputes Redressal Commission.
District ForumA District forum have jurisdiction toentertain complaints where the value ofthe goods or services or compensation, ifany, claimed does not exceed Rs.20 Lakhs.
State CommissionEach State Commissionn have jurisdiction to entertaincomplaints where the value of the goods or servicesor compensation, if any, claimed exceeds Rs. 20 Lakhsbut does not exceed Rs.1 Crore and appeals againstthe orders of any District Forum within the State.
National CommissionThe National Commission have jurisdiction toentertain complaints where the value of thegoods or services or compensation, if any, theclaim exceeds Rs. 1 Crore and also the appealsagainst the orders of any State Commission.
Consumer Disputes Redressal ForumsThe District Forum, State Commission or the NationalCommission shall not admit a complaint unless it is filedwithin 2 years from the date on which the cause of actionhas arisen.Where a trader or a person against whom a complaint ismade fails to comply with any order made by the DistrictForum, the State Commission, the National Commission,such trader or person shall be punished withimprisonment for a term which shall not be less than 1month but which may extend to 3 years, or with finewhich shall be not less than 2,000/- Rs. but which mayextend to 10,000/-Rs., or with both.
Findings and VerdictsIf a trader is found guilty , he must have to:-• remove the defects• replace the goods with new goods of similar description.• return complainant the price• pay compensation to the consumer for any loss or injury suffered• discontinue the unfair trade practices
Appeals▒ Appeal to the State commission ▒ any person aggrieved by an order made by the district forum may prefer an appeal against such order to the State commission within a period of 30 days▒ Appeal to the National commission ▒ any person aggrieved by an order made by the State commission in exercise of its powers may prefer an appeal against such order to the National commission within a period of 30 days