Consumer protection act 1986, India. Incorporation, Who is consumer, objectives, Councils and redressal agencies. This is a detailed presentation made by myself and my team for the presentation at the School of Management Sciences in IIEST, Shibpur
Relationship Between International Law and Municipal Law MIR.pdf
Consumer Protection Act, 1986 India
1. C O N S U M E R
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I I E S T, S H I B P U R
2. ABOUT THE ACT
• In order to provide for better protection for 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.
• As India was planning to move their economy from planned to a free
enterprise; government realised they need to protect the consumer’s
interest.
3. WHO IS A CONSUMER ?
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
4. OBJECTIVES
• Protection Against Hazardous Goods :- Right to be protected against
the marketing of goods which are hazardous to life and property.
• Right to Consumer Information :- Right to informed by the producer
about the quality, quantity, potency, purity, standard and prices of
goods.
• Right of Access to Variety of Goods and at Competitive Prices :- The
right to be assured, wherever possible, access to a variety of goods
services at competitive prices
5. OBJECTIVES
• Right to Due Attention at Appropriate Forums:- It is assured that
consumer's interest will receive due consideration at appropriate forums
• Right Against Unscrupulous Exploitation, Restrictive and Unfair
Trade Practices :- The consumer has been given the right to seek
redress against restrictive or unfair trade practices or unscrupulous
exploitation.
• Right to Consumer Education :- The Central Consumer Protection
Council has been charged with the responsibility to provide to the
people proper education in terms of their remedies under the Act.
7. CENTRAL COUNCIL
• The Central Council shall consist of the following members, namely:-
i) The Minister in charge of the consumer affairs in the Central Government, who shall
be its
chairman.
ii) such number of other official or non-official members representing such interests as
may be
prescribed.
• Central Council shall meet as and when necessary, but at least one meeting should
held every year.
8. STATE COUNCIL
• State council shall consists of the following members, namely :-
- The Minister in charge of consumer affairs in the State Government who shall be its
Chairman
- Such number of other official or non-official members representing such interests as
may be prescribed by the State Government
- Such number of other official or non-official members, not exceeding ten, as may be
nominated by the Central Government
• The State Council shall meet as and when necessary but not less than two meetings
shall be held every year.
9. DISTRICT COUNCIL
• State government shall establish a council for every district to be known as the
District Consumer Protection Council.
• The District Consumer Protection Council shall consist of the following members,
namely:-
- the Collector of the district, who shall be its Chairman
- Such number of other official and non-official members representing such interests as
may be prescribed by the State Government
• The District Council shall meet as and when necessary but not less than two meetings
shall be held every year
10. REDRESSAL AGENCY
The aims and objectives of the Act are achieved by
District Forum
State Commission
National Commission.
11. DISTRICT FORUM
• Each District Forum shall consist of,
i) A person who is or has been or is qualified to be a District Judge, who shall be
President
ii) 2 other members, one should be a woman, who shall have the following
qualifications
a) bachelor's degree from a recognised university
b) be persons of ability, integrity and standing, and have adequate knowledge and
experience of at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration.
c) be not less than thirty-five years of age
12. STATE COMMISSION
• Each State Commission shall consist of,
i) A person who is or has been a Judge of a High Court, appointed by the State
Government, who shall be its President
ii) not less than two, and not more than such number of members, as may be
prescribed, and one of whom shall be a woman, who shall have following qualification,
a) be not less than thirty-five years of age
b) possess a bachelor's degree from a recognised university
c) be persons of ability, integrity and standing, and have adequate knowledge and
experience of at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration
13. NATIONAL COMMISSION
• The National Commission shall consist of,
i) A person who is or has been a Judge of the Supreme Court, to be appointed by the
Central Government, who shall be its President ;
ii) Not less than four, and not more than such number of members, as may be
prescribed, and one of whom shall be a woman, who shall have the following
qualifications,
a) be not less than thirty-five years of age
b) possess a bachelor's degree from a recognised university
c) be persons of ability, integrity and standing and have adequate knowledge and
experience of at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration
14. REDRESSAL AGENCY
• District Forum:-
- Complaint value up to 20 Lakhs
- Power to Replace the faulty Goods, Compensation to the customer, remove defects from
goods etc.
• State Commission :-
- Complaint value more than 20 Lakhs and up to 1 crore
- Appeals against the orders of any District Forum within the State.
• National Commission :-
- Complaint valued more than 1 crore
- Appeals against the orders of any State Commission