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Group Presentation by:
RAHUL SAINI
(Coordinator)
Team (Aashuthosh Nagar,
Gunjan Singh, Megha)
2
Who is a Consumer?
• Consumer is one who-
– Buys any goods for a consideration and includes a
hire-purchaser;
– Any user of such goods for consideration but excludes
one, who obtains for re-sale or for commercial
purposes;
– Hires a service for consideration and includes a
beneficiary of such service, if availed of with the
approval of the hirer.
4
What are the rights of a ‘consumer’?
What is a Complaint?
 An allegation in writing by a complainant that:
 An unfair or restrictive trade practice is practiced by
trader or service provider.
 Goods bought or to be bought or services hired or to
be hired suffered from any deficiency.
 Trader or service provider has charged excess price.
 Goods and services are hazardous or are likely to be
hazardous to life and safety.
7
Machinery under the Act.
 District Consumer Protection Council to be
established by State Government for every
district.
 State Consumer Protection Council to be
established by State Government.
 Central Consumer Protection Council to be
established by Central Government.
Consumer Dispute Redressal
Machinery.
 There are Consumer For at the District, State
and National level.
 District Forum – At the District level
 State Commission – At the State level
 National Commission – At the National level
Pecuniary Jurisdiction
 Forum where complaints can be entertained
 Depends on value of goods and service and
compensation claimed
 Limits are :
 District Forum
 not exceeding Rs.20 lakhs
 State Commission
 exceeds Rs.20 lakhs but does not exceed Rs.1 Crore
 National Commission
 exceeds Rs.1 Crore.
Territorial Jurisdiction
 Territorial Jurisdiction lies in the court of the
place.
 Where the opposite party resides or carries on
business or personally works for gain.
 Where the cause of action wholly or partly arise.
12
Disposal of disputes
 District Forum may
 ask the opposite party to remove the defect,
 replace the goods with new goods and free from defect
 to return to the complainant the price of goods or
 to pay any amount as compensation
 Appeals to be preferred within 30 days
 from the order of the District Forum to the State Commission
and
 from the order of the State Commission to the National
Commission
 Can entertain appeals beyond thirty days
 on sufficient cause shown for the delay
It has to be disposed within ninety days from its admission.
Time Limit for filing
complaint
 Within two years from the date on which the
cause of action arises
 Even where the time limit expires, the
complaint can be taken up
 provided complainant is able to satisfy the Forum
or Commission about the reasonableness in the
delay
 The delay for every single day has to be
explained.
15
16
17
18

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Presentation group 3

  • 1. Group Presentation by: RAHUL SAINI (Coordinator) Team (Aashuthosh Nagar, Gunjan Singh, Megha)
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  • 3. Who is a Consumer? • Consumer is one who- – Buys any goods for a consideration and includes a hire-purchaser; – Any user of such goods for consideration but excludes one, who obtains for re-sale or for commercial purposes; – Hires a service for consideration and includes a beneficiary of such service, if availed of with the approval of the hirer.
  • 4. 4
  • 5. What are the rights of a ‘consumer’?
  • 6. What is a Complaint?  An allegation in writing by a complainant that:  An unfair or restrictive trade practice is practiced by trader or service provider.  Goods bought or to be bought or services hired or to be hired suffered from any deficiency.  Trader or service provider has charged excess price.  Goods and services are hazardous or are likely to be hazardous to life and safety.
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  • 8. Machinery under the Act.  District Consumer Protection Council to be established by State Government for every district.  State Consumer Protection Council to be established by State Government.  Central Consumer Protection Council to be established by Central Government.
  • 9. Consumer Dispute Redressal Machinery.  There are Consumer For at the District, State and National level.  District Forum – At the District level  State Commission – At the State level  National Commission – At the National level
  • 10. Pecuniary Jurisdiction  Forum where complaints can be entertained  Depends on value of goods and service and compensation claimed  Limits are :  District Forum  not exceeding Rs.20 lakhs  State Commission  exceeds Rs.20 lakhs but does not exceed Rs.1 Crore  National Commission  exceeds Rs.1 Crore.
  • 11. Territorial Jurisdiction  Territorial Jurisdiction lies in the court of the place.  Where the opposite party resides or carries on business or personally works for gain.  Where the cause of action wholly or partly arise.
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  • 13. Disposal of disputes  District Forum may  ask the opposite party to remove the defect,  replace the goods with new goods and free from defect  to return to the complainant the price of goods or  to pay any amount as compensation  Appeals to be preferred within 30 days  from the order of the District Forum to the State Commission and  from the order of the State Commission to the National Commission  Can entertain appeals beyond thirty days  on sufficient cause shown for the delay It has to be disposed within ninety days from its admission.
  • 14. Time Limit for filing complaint  Within two years from the date on which the cause of action arises  Even where the time limit expires, the complaint can be taken up  provided complainant is able to satisfy the Forum or Commission about the reasonableness in the delay  The delay for every single day has to be explained.
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