2. 1. consumer protection act 1986 is an act made by parliament of India
and enacted in 1986 to protect the interest and rights of the consumer
in India .
2. The laws are designed to protect consumers from the businesses
that are engaged in frauds or unfair practises for the purpose of
gaining an advantages over competitors .
3. if consumer has any complaint then he/she can file a can under this
act.
3. Who is consumer ?
two kinds of consumers are under this act –
1- consumers of goods
# buys or agrees to buy goods
# any user of such goods
2- consumers of services
# hires or avail services
# any beneficiary of such services
5. Responsibilities of a consumer
1. check ISI ,FPO and other marks .
2. check various goods and services.
3. study risks associated with product , instructions to use it .
4. read the label carefully .
5. be honest and fair in dealings .
6. file a case in appropriate consumer forum .
7. Beware of false advertisement.
7. 1. Unfair trade practise
Adopting unfair methods to promote sales or supply of goods and
services –
Misleading public about price .
Charging above MRP printed .
Misleading public about another’s goods and services .
Falsely claiming sponsorship ,approval or affiliation .
Offering misleading warranty or guarantee .
8. 2 . Restrictive trade practise
Delaying in supply goods or services that leads rise in price .
Requiring a consumer to buy any goods or services as a
precondition for buying other goods or services .
Collusive tendering
Price fixing .
Supplying particular distributors only .
9. 3. Defects and deficiencies
Any fault , imperfection or shortcoming in quantity ,quality,
potency , purity or standard should not be out there while
doing any deal .
10. Forum and jurisdiction
1. . consumer disputes redressal forum ( district forum )-
Claims less than or equal to 20 lacs .
2. Consumer disputes redressal commission (state commission ) –
Claims more than 20 lacs or less than 1 crore .
3. National consumer disputes redressal commission (national commission )
Claims equal or more than 1 crore .
11. Procedure of filling a complaint
Notice to opposite party .
Prepare the consumer complaint In required format .
Get a complaint affidavit notarized through a notary.
Submit complaint and court fee to clerk in consumer court who will give
you date for admission hearing and complaint reference number .
On admission date you would be informed whether your case is
acceptable or not . If case is accepted then you will be given a date for
next hearing .