The document provides an overview of the objectives and key aspects of the Consumer Protection Act (CPA) in India. It discusses the CPA's goals of protecting consumers from unfair trade practices and exploitation. It defines who is considered a consumer, outlines the conditions for filing a complaint, and explains the process for filing a complaint under the CPA. This includes details on where a complaint can be filed, the prescribed fees, and the procedures for disposal of complaints. The document also covers consumer rights under the CPA and consumer responsibilities.
3. OBJECTIVES OF ACT
TO PROTECT THE CONSUMER AGAINST
UNFAIR TRADE PRACTICES OF
SELLERS / PRODUCERS
TO PROTECT CONSUMERS FROM BEING
EXPLOITED BY SELLERS
TO EDUCATE CONSUMERS ABOUT
THEIR RIGHTS, RESPONSIBILITIES
AND REMEDIES AVAILABLE.
TO ESTABLISH CONSUMER
COUNCILS & OTHER AUTHORITIES
FOR THE SETTLEMENT OF
CONSUMERS' DISPUTES
4.
5.
6. Meaning of Consumer
Definition:
Any person who::
1. Buys a good/ hires a service for a
consideration ( except for
commercial use /resale)
2. Uses the good / service with approval
of original buyer / person who hires
service respectively
3. Uses the good for earning livelihood
( self employment)
7. Who can file a Complaint
Any of the following persons ::
1. Consumer
2. Registered Consumer
Association
3. A group of interested consumers
4. Central Government
5. State Government
6. In case of death of a consumer –
His legal heir
8. Conditions for filing a Complaint
A person can file a complaint if faced with any
of the following Grievances ::
1. Victim of Unfair (faulty) / Restrictive
(conditional) trade Practice
2. Sold Defective goods or Goods different from
those ordered
3. Deficiency (Short coming/imperfection) of
service
4. Overcharged in excess of the regular price
5. Sold/ supplied with hazardous goods without
proper information
9. AGAINST WHOM A COMPLAINT CAN BE
FILED
REASON PARTY TO CASE
DEFECTIVE GOODS SELLER /
MANUFACTURER
DEFICIENCY OF SERVICE SERVICE PROVIDER
SUPPLY OF HAZARDOUS
GOODS
SELLER /TRANSPORTER
UNFAIR /RESTRICTIVE
TRADE PRACTICE
TRADER /
MANUFACTURER/
SELLER/ANY PERSON
INDULGING IN SUCH
PRACTICE
EXCESSIVE PRICING SELLER /SERVICE
PROVIDER
10. WHERE CAN A COMPLAINT BE FILED
A complaint, under the CPA can be filed before
the following 3 tier judicial authorities, subject
to conditions
For grievances
amounting to more thanRs 1 crore
For grievances amounting more than
Rs20 lakhs upto Rs 1 crore
For grievances amounting to max.Rs 20
lakhs.
APPEAL
APPEAL
APPEAL
TO HC/S C
11. Purpose for filing a complaint
REMOVAL OF DEFECT
REPLACEMENT OF GOODS
REFUND OF PRICE PAID
COMPENSATION FOR LOSS (physical
/others) –due to negligence/defective goods
REMOVAL OF DEFICIENCY IN
SERVICE
TO DISCONTINUE UNFAIR/
RESTRICTIVE TRADE PRACTICE
STOP SALE OF HAZADOROUS
GOODS
FOR PAYMENT OF COSTS
12. PRESCRIBED FEE TO BE PAID WHILE
FILING COMPLAINT
Pecuniary value of dispute Amount of fee (In Rs)
Upto Rs 1 lakh 100
Between Rs 1 to 5 Lakh 200
Between Rs 5 to 10 Lakh 400
Between Rs 10 to 20 Lakh 500
Between Rs 20 to 50 Lakh 2000
Between Rs 50 lakh to 1 crore 4000
13. PROCEDURE FOR FILING COMPLAINT
Approach the concerned accused party
(seller/service provider)
PROBLEM RESOLVED
NO DISPUTE-HAPPY
ENDING
PROBLEM NOT RESOLVED
FILE A COMPLAINT BEFORE THE APPROPRIATE
AUTHORITY (CONSUMER FORUM ) WITH FEE
depending on the jurisdiction and pecuniary value
BY SMS BY
PHONE
BY consumer
helpline website
In a written
sworn
affidavit
Note: There should exist a consumer dispute, which
means the person against whom a complaint has been
made, denies or disputes the allegations contained in the
complaint
14. MODES OF FILING A COMPLAINT
A COMPLAINT CAN BE FILED IN THE
APPROPRIATE CONSUMER FORUM THROUGH
ANY ONE OF THE FOLLOWING MODES:
1. THROUGH A SWORN WRITTEN AFFIDAVIT
SUBMITTED EITHER THROUGH POST OR IN
PERSON (In TRIPLICATE) with supporting documents
2. THROUGH PHONE (On No) : 1800 114000
3. THROUGH SMS (On No) : 8130009809
4. THROUGH WEBSITE :
HTTP:// WWW.CONSUMERHELPLINE.GOV.IN
A) Sign up – fill the general information details
B) login using link sent to registered e-mail id.
C) Fill grievance registration form choosing option
:COMPLAINT & fill in the details of grievance.
15. 1 AFTER THE COMPLAINT IS ADMITTED A NOTICE
IS SENT TO THE OTHER PARTY, SEEKING ITS
VERSION OF THE CONSUMER DISPUTE.
2. IF THERE IS A NEED FOR ANY TECHNICAL
ANALYSIS TO BE PERFORMED ON THE GOODS,
THEN A SAMPLE IS DRAWN & SENT FOR
ANALYSIS.
3. ARGUMENTS TAKE PLACE ON THE ISSUE
4. ON THE BASIS OF ARGUMENTS AND TECHNICAL
ANALYSIS REPORT, AN ORDER/ DIRECTIVE IS
PASSED BY THE AUTHORITY, WHICH IS BINDING.
5. IF ANY PARTY IS NOT SATISFIED WITH THE
ORDER, AN APPEAL CAN BE FILED AT THE NEXT
LEVEL WITHIN 30 DAYS.
PROCEDURE FOR DISPOSAL OF
COMPLAINT
16. 1. RIGHT TO SAFETY: (Against spurious /
hazardous/ sub standard goods)
2. RIGHT TO BE INFORMED: (Consumer should be
provided with all information based on which he can
make a purchase decision)
3. RIGHT TO CHOOSE: ( Choice from amongst
different brands)
4. RIGHT TO BE HEARD: (Can complain against any
thing prejudicial to his interest & complaint should be
entertained by the company/ trader/ seller/ service
provider.)
5. RIGHT TO REDRESSAL: (Provide for
compensation in case of loss/ injury)
6. RIGHT TO CONSUMER EDUCATION:
(Educating consumers about their rights)
RIGHTS OF A CONSUMER (Sec.6)
17.
18. 1. Consumer must be aware of & exercise his rights
2. Consumers should be cautious while buying & not
buy blindly
3. Genuine Complaints for redressal of grievances
should be filed in time
4. Consumers should be quality conscious ( buy goods
which carry quality symbols)
5. Beware & not fall a prey to false and exaggerated
advertisements
6. Should not buy in a hurry (Think twice before
buying)
7. Should always ask for a receipt for the purchase made
8. Should ensure that the Guarantee & Warranty cards
are duly signed by seller
RESPONSIBILITIES OF A CONSUMER