CONSUMERT PROTECTION act

1. SUBJECT :- BUSINESS LAW
TOPIC :- CONSUMER PROTECTION ACT

3. *
Enacted to provide for the better protection of
the interest of consumer
Act applies to whole of India except Jammu and
Kashmir
Chapter I, II and IV came into force on 15.4.1987.
Chapter III came into force on 1.7.1987
The act was amended in 2002 and the
amendments came into force w.e.f. 15th March
2003.

4. *
 Any person who buys goods or avails services for
consideration
 Consideration may be fully paid, partially paid or fully
promised to be paid or partially promised to be paid
 Any body who uses the goods or services with the
consent of the consumer but

5. *
 Does not include any person who buys goods for
resale or commercial purpose and services for
commercial purpose
 However any person who buys goods for
commercial use but exclusively for his livelihood
by means of self employment is a consumer.
 Legal heir of consumer in case death of consumer

7. HIERARCHY
DISTRICT FORUM
STATE COMMISSION
NATIONAL COMMISSION
SUPREME COURT

8. CONSUMER PROTECTION ACT
LEGAL NOTICE
COMPLAINT
(Section 12 -Two Years)
JURISDICTION
TERRITORIAL
JURISDICTION
PECUNIARY
JURISDICTION

9. Where Opposite
Party(ies) actually
or voluntarily
resides
Where the cause
of action,
wholly or in
part, arises
Where Opposite
Parties carries on
business or has a
branch office

10. If non appears on behalf of complainant / Opposite Party
Complainant
Dismiss in default
 Where an order is passed by the
National Commission dismissing the
complaint in default, the aggrieved
party may apply to the National
commission to restore the compliant in
the interest of justice.
 Section 22A of Consumer Protection
Act
Opposite Party
Ex-parte order
 Where an order is passed by the National
Commission ex parte against the
opposite party, the aggrieved party may
apply to the National Commission to set
aside the said order in the interest of
justice.
 Section 22A of Consumer Protection
Act

11. Complainant
Dismissed in default
District Forum
State Commission
National Commission
Opposite Party
EX PARTE
District Forum
State Commission
National Commission
Appeal
Appeal
If non appears on behalf of complainant / Opposite Party
Appeal
Appeal

12. Written Argument by both the parties
Evidence by Opposite Party
Final Argument
Rejoinder
(Its not Mandatory but Subject to filling)
Evidence by complainant

13. STATE COMMISSION JURISDICTION
Original Jurisdiction
 If the value of goods or
services and compensation
is more than 20 Lac but less
than Rs. 1 Crore
 If the value of goods or
services and compensation
is more than 20 Lac but less
than 50 Lac than Complaint
to be filed along with a fees
of Rs. 2000/- in form of
demand draft
 If the value of goods or
services and compensation
is more than 50 Lac but less
than 1 Crore than Complaint
to be filed along with a fees
of Rs. 4000/- in form of
demand draft
Appellate Jurisdiction
 Any person aggrieved by order made by
District Forum, an appeal to be filed within
30days to the State Commission.
 Provided 50% of such amount or Rs. 25,000/-
, whichever is less to be deposited in form of
Fixed Deposit in favour of Commission.
Notice
(to be continued on next Slide)
Continued on next Slide……

14. Notice
If not filed within 30 days then move an application for condonation of delay
Notice issued to the Opposite party on Application
Delay
Delay condoned or Appeal dismissed
Application for Stay
District Forum records may be called
Either 50 or 100 percent decreed amount
to be deposited and matter to be fixed for
Final Argument
Note :- Only one appeal is allowed in CPA.

15. NATIONAL COMMISSION JURISDICTION
Original Jurisdiction
 If the value of goods or
services and compensation is
more than 1Crore than
Complaint to be filed along
with fees of Rs. 5000/- in
form of demand draft
(Section 21)
Appellate Jurisdiction
 Any person aggrieved by order made by
State Commission, an appeal to be filed
within 30 days to the National
Commission.
 Provided 50% of such amount or Rs.
35,000/-, whichever is less to be deposited
in form of Fixed Deposit in favour of
Forum.
Aggrieved party may file an appeal against the order of National
Commission (Original Jurisdiction) before the Supreme Court
within a period of 30 Days from the date of receiving of order.

16. CRUX OF APPEAL
DISTRICT FORUM (Section 12)
STATE COMMISSION (Section 15)
Appeal (30 DAYS)
NATIONAL COMMISSION
ORIGINAL
JURISDICTION
Section 17
REVISION
Reg. 14 CPR,2005
(90 DAYS)
APPEAL
(Section19)
(30 DAYS)
SUPREME COURT
APPEAL
(Section23)
(30 DAYS)
REVISION IN FORM
Art. 136 of COI
OF SLP (90 DAYS)
ORIGINAL
JURISDICTION
Section 21