consumer protection act talks about protection of consumers interest and protect them from harassment by the marketers

1. Consumer protection Act, 1986
Presented By-
Ritu Kulshrestha
MBA (Marketing)
16105003
1

2. Contents
Introduction
Objectives
Applicability
Who is a Consumer
Rights of consumers
Nature and scope of remedies available to consumers
Redressal agencies
Councils
Relief available to consumers
Case studies 2

3. Introduction
• Act of the Parliament of India
• Came into force from 1987
• Its purposes to protect consumers against defective goods, unsatisfactory
services, unfair trade practices, etc.
3

4. Objectives
• Protect consumer from exploitation
• Simple and quick Redressal of consumer disputes
4

5. Applicability
• Whole of India expect J&K [sec 1 (2)]
• All goods and services unless otherwise notified by the Central
Government [sec 1(4)]
5

6. Who is a Consumer? Sec 2 (1) (d)
• Buys goods for which he pay or will pay or promise to pay
• Hires or avails any service for which he pay or will pay or promise to pay (
passengers travelling by train)
• It does not include those persons who resale the goods
• Warranty of free service
6

7. 7
Rights of
consumer
(section 6)
Right to
safety
Right to
be
informed
Right to
be heard
Right to
Redressal
Right to
consumer
education
Right to
choose

8. Nature and scope of remedies available
• Complaint defined section 2 (1)(c)
• Who can file complaint section 12
• What complaints may be lodged section 2(1)(c)
8

9. Redressal Agency
• District forum
• State commission
• National commission
9

10. Councils
As amended by (Amendment) Act 2002, for constitution of consumer
protection councils at-
• Central council (section 4-6)
• State council (section 7 and 8)
• District council (section 8-A inserted by CP(Amendment) Act 2002
10

11. Relief available to Consumer
(section 14)
• Remove the defect
• Replace the good
• compensation
11

12. 12

13. Chetan Prakash vs. MET institute of computer
science
• Prakash was in final year of BSc when he sought admission in the institute for MCS
• The institute has stipulated that in order to pursue the MCS course, the student has to
clear 3rd year exams
• He deposited the fees before declaration of result
• Seeing that he had failed in exams, he tried to withdraw the admission and requested
for a refund, to the institute did not responded
• Finally he sent a legal notice to the institute, and then logged a complaint in the
consumer forum
13

14. Judgement
The institute had to pay the complainant, Chetan Prakah, Rs 32,000 as
compensation for harassment along with the course fee of Rs. 62,000
14

15. Dharamdas Pritiani vs. HDFC Ergo General
Insurance Company Ltd.
• Complainant was advised by the doctor to under go treatment upon
suffering from a heart ailment in 2008-09
• He then underwent a rare treatment called Enhanced External Counter
Pulsation
• The treatment was completed in 45 sittings, cost Rs.1,18,000
• HDFC Ergo rejected the complainant’s claim saying the treatment was
experimental and not recognized by the insurer
15

16. • The insurance company also claimed that a policy holder must be hospitalized
for at least 24 hrs for reimbursement
• The complainant claimed that the treatment was recognized by the United
States, and 40 hospitals in India use EECP method to treat heart patients
• The forum said the documents furnished by pritiani support his claim.
Complainant was a heart patient, who underwent a treatment, which did not
require hospitalization, thus he should be reimbursed Rs. 1,18,000
16

17. Judgement
Consumer Redressal forum of India's financial capital Mumbai has directed
HDFC Ergo General Insurance Company Ltd to pay Rs. 1,18,000 towards
compensation for refusing a policyholder’s claim
The forum has also directed the insurer to pay additional compensation of
Rs. 5,000 for mental harassment
17

18. Sahil Kumar vs. Micromax
• He gave his phone in the service centre for service
• But the service centre returned him other handset which was damaged
• He wrote applications to the head office but they did not responded
• So he filled a case in consumer court against the company
18

19. Judgement
• The company had to pay Rs. 13,000 to the complainant and additional
7,000 for mental harassment
19

20. Any Query ?
20

21. Thank you….
21