2. CONSUMER PROTECTION ACT,1986
An Act for
Better protection of the interests of the consumer
the Consumer Protection Bill, 1986 was
introduced in the Lok Sabha on 5th December,
1986.
The Consumer Protection Act 1986 is a social
welfare legislation which was enacted as a result
of widespread consumer protection movement.
3. OBJECTIVE
The main objective of CPA/COPRA is to
provide speedy and simple redressal to
consumer disputes.
It is one of the benevolent pieces of
legislation intended to protect the
consumers at large from exploitation.
4. WHO IS A CONSUMER? SEC. 2 (1)
Any person who:
Buys any goods for a consideration which has
been paid or will be paid.
Hires or avails any service for a consideration
which has been paid or will be paid.
It does not include a person who obtains goods
for resale or any commercial purpose.
5.
6. PURPOSE OF THE ACT
To protect the interest of the consumers of different
commodities available to them for which they pay but do
not get standard quality of service.
e.g. patient pay for the treatment but do not get correct
treatment. Any sufferer consumer, State / Central govt.
may lodge the complaint against the erring trader or
suppliers, etc for the deficient service which cause some
harm to the consumer in the different redressal forum.
e.g. District Forum, State Commission, National
Commission.
7.
8. DISTRICT FORUM
It shall consist of a person who is or has been or is
qualified to be a District Judge as its President,2 other
members, one of whom shall be a woman
Every member of the District Forum shall hold office
for a term of 5 years or up to the age of 65 years which
ever is earlier
It shall have jurisdiction to entertain complaints where
the value of the goods or services and the compensation,
if any, claimed does not exceed Rs.20 Lacs.
9. STATE COMMISSION
It is established by SG by notification
It shall have jurisdiction to entertain complaints where
the value of the goods or services and compensation, if
any, claimed exceeds Rs. 20 Lacs but does not exceed
Rs.1 Crore and appeals against the orders of any District
Forum within the State.
10. NATIONAL COMMISSION
It shall consist of a person who is or has been a Judge of
the Supreme Court, as its President. Not less than 4 and
not more than such number of members as may be
prescribed and one of whom shall be a woman
Every member of the National commission shall hold
office for a term of 5 years or up to the age of 70 years
which ever is earlier.
It shall have jurisdiction to entertain complaints where
the value of the goods or services and compensation, if
any, the claim exceeds Rs. 1 Crore and appeals against
the orders of any State Commission.
11.
12. THE DISTRICT CONSUMER PROTECTION
COUNCIL
It shall consist of the following members, namely
(a) the Collector of the district (by whatever name
called), as its Chairman; and
(b) such number of other official and non-official
members as may be prescribed by the State
gorvernment.
The District Council shall meet at least twice in an
year.
The procedure will be set by SG
13. THE STATE CONSUMER PROTECTION
COUNCIL
It shall consist of the following members, namely
(a) the Minister in-charge of consumer affairs in the
SG as its Chairman;
(b) such number of other official or non-official
members as may be prescribed by the State
Government.
The State Council shall meet at least twice in an
year.
The procedure will be prescribed by the SG
14. THE CENTRAL CONSUMER PROTECTION
COUNCIL
It shall consist of the following members, namely-
(a) The Minister in charge of Consumer Affairs in
the Central government as its Chairman, and
(b) such number of other official or non-official
members as may be prescribed.
The Council shall meet at least once an year.
16. With the fast pace of commercialization and
globalization on all spheres of life, the medical
profession is no exception. Since the passing of the
Consumer Protection Act in 1986, the doctor-
patient’s relationship has deteriorated significantly
and litigation against doctors is increasing day by
day.
17. DO’S AND DON’TS FOR DOCTORS: DO’S FOR
DOCTORS:
Mention your qualifications/ training/ experience/
designation on the prescription.
Always mention date and timing of the consultation
Mention age and sex of the patient.
In a pediatric prescription weight of the patient
must also be mentioned. • Always put your hand on
the part that the patient/ attendant say is painful.
Apply your stethoscope on him, even if for cosmetic
reasons.
Listen attentively. Look carefully, ask questions
intelligently.
18. Ask the patient to come back for review on the next
day, if you are not sure about the diagnosis/
treatment.
Mention “diagnosis under review” until the
diagnosis is finally settled.
In complicated cases record precisely history of
illness and substantial physical findings about the
patient on your prescription.
Record history of drug allergy.
Write names of drugs clearly. Use correct dosages.
20. NEW ACT IN PLACE OF THIS ACT
Govt bought bill in 2018 with several new clauses to replace this act . But it didn’t
pass
Comparison of the bill with the existing act
Provision 1986 Act 2018 Bill
Ambit of law
•All goods and services for consideration.
•Free and personal services are excluded.
•All goods and services, including telecom and housing construction, and all
modes of transactions (online, teleshopping, etc.) for consideration.
•Free and personal services are excluded.
Unfair trade practices*
•Includes six types of such practices, like false representation, misleading
advertisements.
•Adds three types of practices to the list, namely: (i) failure to issue a bill or
receipt; (ii) refusal to accept a good returned within 30 days; and (iii) disclosure of
personal information given in confidence, unless required by law or in public
interest.
•Contests/ lotteries may be notified as not falling under the ambit of unfair trade
practices.
Product liability •No provision.
•Claim for product liability can be made against manufacturer, service provider,
and seller.
•Compensation can be obtained by proving one of the several specified conditions
in the Bill.
Unfair contracts •No provision.
•Defined as contracts that cause significant change in consumer rights.
•Lists six contract terms which may be held as unfair.
