CPA act provides different clauses and provisions to protect the well defined interests of consumers.
This PPT defines various terms and concepts used in the act, and also the governing bodies as defined in CPA 1986.
2. Objectives and Basic Concepts
Organizational Setup under CPA
Grievance Redressal Mechanism under the CPA
Overview
3. Basic Concepts and Objectives
Consumer
Services
Restrictive Trade Practices
Defect in Goods
Goods
Deficiency in Services
Spurious goods and services
Unfair Trade Practices
4. Consumer ServicesGoods
• A person who
buys any goods for
consideration,
including a user who
uses
without the approval
of the buyer is a
consumer of goods
• Does not
include one who re-
sells the goods or
uses them for
commercial purposes.
• Every kind of movable
property other than
actionable claims and
money
• Includes stock and
shares, growing crops,
grass, and things attached
to or forming part of the
land
• Covers facilities
like banking, finance;
by any person or
organization
including public
sector undertakings
(PSUs) and
Government
agencies, provided
some consideration
has been give for the
same.
• Service is availed
for free then a claim
against such a service
does not stand
5. Defect in Goods
Deficiency in Services
Spurious goods and services
• Any fault, imperfection or shortcoming in the quality, quantity, potency, purity
or standard which is required to be maintained by or under any law in relation to
any goods.
• Any fault, imperfection, shortcoming or inadequacy in the quality, nature
and manner of performance which is required to be maintained by or under
any law in relation to any service.
• Goods and services which are claimed to be genuine but they are actually not so.
6. Unfair Trade Practices Restrictive Trade Practices
• Trade practice which, for the purpose
of promoting the sale, use or supply of
any goods or for the provision of any
service, adopts any unfair method or
unfair or deceptive practice
• Practice of making any statement,
whether orally or in writing or by visible
representation
• False Representation
• Refers to any action by the producer
that results in manipulation of price
• Affects the flow of supplies in the
market relating to goods or services in
such a manner so as to impose on the
consumers any unjustified costs
7. Organizational Setup under CPA
Advisory Bodies Adjudicatory Bodies
Central Consumer
Protection Council
State Councils
District Council
National Consumer
Disputes Redressal
Commission
State Commission
District Forum
8. Advisory Bodies
Central Consumer Protection
Council
• Minister in charge of the
consumer affairs in the Central
Government, who shall be its
Chairman.
• At least one meeting of the
Council shall be held every year.
• Promote and protect the rights
of the consumers.
State Council
• Minister in charge of consumer
affairs in the State Government
who shall be its Chairman.
• Meet as and when necessary but
not less than two meetings shall be
held every year.
• Shall establish for every district,
by notification, a council to be
known as the District Consumer
Protection Council.
District Council
• Collector of the district who shall
be its Chairman.
• Not less than two meetings shall
be held every year.
9. Adjudicatory Bodies
National Commission
• Person who is or has been a
judge of the supreme court.
• Value of the goods or services
and compensation, if any, claimed
exceeds rupees one crore
• The National Commission shall
ordinarily function at New Delhi or
any other place as notified by
Central Government.
State Commission
• Person who is or has been a
Judge of a High Court, appointed
by the State Government, who
shall be its President.
• Value of the goods or services
and compensation, if any, claimed
exceeds rupees twenty lakhs but
does not exceed rupees one crore.
District Forum
• Person who is, or has been, or is
qualified to be a District Judge, who
shall be its President
• Value of the goods or services
does not exceed rupees
twenty lakhs.
10. Grievance Redressal Mechanism under CPA
1. Who can file a complaint?
2. Grounds of filing a complaint
3. Limitation Period
6. Offence and Penalties
5. Bar on frivolous and vexations
complaints
4. Procedure for filing and hearing of a
complaint
11. • A consumer
• Central Govt. or
State Govt.
• Consumer
association
• A Legal Heir or
Representative
• One or more
consumer
1.
4.
3.2. • After two years
from the date on
which the cause
of action.
• Sufficient cause
for not filing the
complaint within
such period.
• Complainant fails
or omits to
comply with any
order
• One month to
three years
• Two thousand
rupees to ten
thousand, or both
5. 6.
• Unfair trade practice
• Suffer from one more
defects
• Deficiency in services
• Charged excess of the
price
• Goods which are
hazardous
• Hazardous services
• Supporting
Documents, i.e.,
cash memo,
receipts,
agreements, etc.
• 3 copies of the
complaint +
copies for
number of Opp.
Parties.
• Dismiss the
complaint
• Complainant shall
pay to the
opposite party
• Less than Rs
10000