1. SANTOSH SITARAM THORAT
FYLLB ROLL NO.97
SUBJECT :-TORT
• Types of court’s and hirarachy of courts in
• Consumer protection act
• Moter vehicle act
2. CONSUMER PROTECTION ACT 2019
• CONSUMER PROTECTION ACT• CP Act 1986➢ provided for a three-tier consumer
dispute redressal machinery atthe National (NCDRC), State ( State Commissions) and
Districtlevels ( District Fora)SALIENT FEATURES OF CP ACT 2019• Consumer Protection
Councils• Central Consumer Protection Authority (CCPA)• Simplified Dispute Resolution
Process• Mediation• Product Liability• Rules on e-commerce and direct selling• Penalty
for adulteration of products/spurious goods
3. HISTORY OF CONSUMER PROTECTION ACT
• The act was passed in Lok Sabha on 9th December,1986 and it came into force
from 1 July 1987. Rajya Sabha passed on 10th December, 1986 and assented by
the President of India on 24th December, 1986 and was published in the Gazette
of India on 26th December, 1986.
4. FEATURES OF CONSUMER PROTECTION ACT
• It applies to all goods, services and unfair trade practices
• unless specifically exempted by the Central Government.
• It covers all sectors whether private, public or co-operative.
• It provides for establishment of consumer protection councils at the central, state
and district levels to promote and protect the rights of consumers and a three
tier quasijudicial machinery to deal with consumer grievances and disputes.
5. WHAT IS CONSUMER
• Consumer refers to any individuals or households that use
• goods and services generated within the economy.
• Consumer is defined as someone who acquires goods or services for direct use
or ownership rather than for resale or use in production and manufacturing.
• For example,
• When your father buys apple for you and you consume them, your father as well as
yourself are treated as consumers. The same thing applies to hiring a taxi to go to
your school.
6. OBJECTIVES
• To protect the consumer from abuse.
• To provide a venue for grievance /redress.
• To ensure a better quality of living by improving the quality of consumer
products & services.
7.
8. RIGHTS OF CONSUMER
• Right to Safety
• Right to Information
• Right to Choice
• Right to be Heard
• Right to Seek Redressal
• Right to Consumer Education
• Right to Basic Needs
• Right to Healthy Environment
9. SIMPLIFIED DISPUTE RESOLUTION PROCESS
• Deemed admissibility after 21 days of filing• Empowerment of Consumer Commissions to
enforce theirorders• State Commission & District Commission can now reviewtheir own
orders• Appeals only on question of law after second stage• Ease of approaching Consumer
Commissions➢Filing from place of residence/work➢E-filing➢ Videoconferencing for
hearing
10. MEDIATION
• An Alternate Dispute Resolution (ADR) mechanism• Reference to mediation by
Consumer Commissionswherever scope for early settlement exists andparties
agree for it.• Mediation Cells to be attached to ConsumerCommissions• Panel of
mediators to be selected by selectioncommittee consisting of the President and a
memberof Consumer Commission.• Mediation to be held in consumer mediation
cell• No appeal against settlement through mediation
11. FILING A COMPLAINT
• Some Important Terms Defined in Consumer Protection Act Who is a consumer?
• One who buys goods or hire services for some value.
• When or under what circumstance the complaints can be filed?
• False by traders and manufacturers If goods are defective
• Within what period the complaint can be filed?
• The complaint must be filed within 3 months of purchase and if some
testing of goods is required then within 5 months.
12. WHERE TO FILE COMPLAINT
• Where the complaints can be filed?
• District Forum- the value of goods and compensation claim does not exceed Rs.20 lakh.
• State Commission- the value of goods or compensation is
• more than 20lakh but does not exceed 1crore.
• National Commission-it takes up all cases exceeding the value of Rs.1crore.
• Who is not a consumer?
• The person who obtains goods for re-sale.
• The person who uses the goods without the approval of the buyer.
• The person who obtain goods, hires or avails of any services without consideration
15. WHAT IS MOTER VEHICLE ACT
• The Motor Vehicles Act is an Act of the Parliament of India which regulates all
aspects of road transport vehicles. The Act provides in detail the legislative
provisions regarding licensing of drivers/conductors, registration of motor
vehicles, control of motor vehicles through permits, special provisions relating to
state transport undertakings, traffic regulation, insurance, liability, offences and
penalties, etc. For exercising the legislative provisions of the Act, the Government
of India made the Central Motor Vehicles Rules 1989
17. WHO CAN CLAIM UNDER MOTOR VEHICLE ACT
• Under Section 166 IPC (Chapter XII) of the Motor Vehicles Act 166, an individual
can be considered the rightful claimant and can claim compensation from Motor
Accidents Claim Tribunal if: They are someone or authorised representatives of
someone who has sustained any injuries in the vehicular accident.
18. WHO CAN FILE MACT CASE?
• If you or a loved one were involved in a road crash that resulted in death, injury,
or disablement, you are eligible to receive compensations from the Motor
Accidents Claims Tribunal (MACT). Established under the Motor Vehicles Act of
1988, MACT is a civil court that gives victims an opportunity to be heard.
19. THE CLAIM TRIBUNAL
• The Claims Tribunal is a body that provides expeditious, affordable adjudication to accident
claims or cases.[1] The Claims Tribunals were established in the year 1989 on the 1st of July by
the provisions of the Moto Vehicles Act 1988. An appeal can be filed from the Tribunal to the
high court. The Tribunals deal with motor vehicle cases that involve mislaying of human and
assets or properties. The supervisor of the Motor Vehicle Claims Tribunal [MACT] is the Judicial
officer. The high court supervises the tribunal.
•
• The Motor Vehicles Act is a statute legislated to furnish and maintain road safety. The tribunals
provide a novel way to issue penalties or liabilities instead of going through a slow process. In
dealing with cases, it was determined that the tribunal has to refer to substantive laws to issue
liability or compensation.
