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Consumer Protection Act 1986


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Consumer Protection Act 1986

  1. 1. Consumer ProtectionAct 19861Caarmel Institute of ManagementStudies
  2. 2. Some Basic Terms Goods (Section 2(7) ):Goods means every kind of movableproperty other than actionable claims andmoney and includes stocks andshares, growing crops, grass and thingsattached forming apart of the land whichare agreed to be served before sale orunder the contract of sale”2Caarmel Institute of ManagementStudies
  3. 3. SERVICE (Section 2(1) (0))It means service of any description which ismade available to potential users. Itincludes thefinancing, insurance, transport, processing,supply of electrical or otherenergy, boarding or lodging orboth, housing, entertainment, amusementor purveying a news or other information.But service not included the rendering ofany service free of charge or under acontract of personal service”3Caarmel Institute of ManagementStudies
  4. 4. CONSUMERConsumer means any person who buysany goods for a consideration. Consumeralso includes any user of such goods otherthan the buyer himself.4Caarmel Institute of ManagementStudies
  5. 5. Consumer disputes [Section 2(1)e] A dispute where a person againstwhom a compliant has been madedenies or disputes the allegationcontained in the complaint5Caarmel Institute of ManagementStudies
  6. 6. Unfair trade practice [sec 2(1)r Unfair trade practice which for thepurpose of promoting the sale use orsupply of any goods or for theprovision of any service, adopts anyunfair method or unfair deceptivepractice6Caarmel Institute of ManagementStudies
  7. 7. THE CONSUMER PROTECTION ACT The law relating to consumer protectionis dealt with in the consumer protectionact 1986. The act extends to the wholeof India except the state of Jammu &Kashmir. It was enacted to providebetter protection of to all goods andservices. The proceedings under thisact are simple and fair. There is nocourt fee or stamp duty to be fixed, nomatter whatever may be the amountinvolved in the complaint.7Caarmel Institute of ManagementStudies
  8. 8. OBJECTIVES OF ACTBetter protection of interests of consumersProtection of rights of consumersConsumer Protection CouncilsQuasi – judicial machinery for speedy redressalof consumer disputes8Caarmel Institute of Management Studies
  9. 9. RIGHTS OF CONSUMERProtection against marketing of goodshazardous to life & propertyRight to be informedQuality as protection against unfair tradepracticesAccess to goods & services at competitive prices9Caarmel Institute of ManagementStudies
  10. 10. Right to be heard & due consideration atappropriate forumsRight to seek redressalRight to consumer education10Caarmel Institute of ManagementStudies
  11. 11. Consumer Protection Councils Central consumer Protection councils State consumer protection council District Consumer Protection Council11Caarmel Institute of ManagementStudies
  12. 12. Central Consumer Protectioncouncil Established by the central govt by acouncil by notification. Object is to promote & protect therights of the consumer .12Caarmel Institute of ManagementStudies
  13. 13. Members of the Central CouncilMaximum members are 150 includes : The Minister of consumer Affairs incentral govt. (Chairman) Minister of state or Deputy Minister incharge of consumer affairs in centralgovt The minister of Food & Supplies Eight Members of Parliament5 from Lok sabha3 from Rajya Sabha13Caarmel Institute of ManagementStudies
  14. 14.  The secretary of National council for SCand ST. Representatives of Central Govt. (not >20) Representatives of Consumerorganisation.Not less than 35 Representatives of women (not < 10) Representatives of Farmers. (not > 20) Person capable for representingconsumer Interest. (not > 15) Secretary in the department of CivilSupplies.14Caarmel Institute of ManagementStudies
  15. 15. State Consumer ProtectionCouncil The state government by notificationestablished a council to be known as“State Consumer Protection Council” To promote and protect the rights ofconsumers within the state.15Caarmel Institute of ManagementStudies
  16. 16. Members of the State Council The Minister in charge of consumeraffairs in the state govt as chairman. Official and non official representatingState government. Official or non official members notexceeding 10 nominated by CentralGovt.16Caarmel Institute of ManagementStudies
  17. 17. District Consumer ProtectionCouncil The state govt. shall establish for everydistrict by notification known as Districtconsumer Protection Council. Objectives is to promote and protectconsumer rights within the district.17Caarmel Institute of ManagementStudies
  18. 18. Members of District Councils The collector of the District(chairman). Other official and non-official membersprescribed by the state Government. Two meeting is necessary in a year18Caarmel Institute of ManagementStudies
  19. 19. Consumer DisputesRedressal Forum To provide speedy, inexpensive andsimple redressal of consumer disputesQuasi judicial bodies have been set upat three level District Forum State Commission National Commission19Caarmel Institute of ManagementStudies
  20. 20. District Forum - Members One qualified District Judge asPresident Two other members• One women not less than 35years.• Possess a Bachelors Degree.• Having at least 10 yearsexperience in law, commerce, Accountancy etc. Term of committee is 5 years or up to 20Caarmel Institute of ManagementStudies
  21. 21. Manner of complaint shall bemade On the receipt of complaint , the forumshall refer a copy of complaint toopposite party. The opposite party have to give hisreply with in 30 days. If the opposite party admits theallegation the forum will consider thecase on the basis of merit of the case.21Caarmel Institute of ManagementStudies
  22. 22.  If the opposite party denies theallegations the forum shall proceed tosettle based on the evidence broughtby the party. All complaints should decide within 90days after the date of notice. Any person may prefer an appeal to thestate commission with in a period of 30days after the order.District forum will entertain all the cases where thevalue of goods & services and the compensation isclaimed DOES NOT EXCEED 5 LAKHS22Caarmel Institute of ManagementStudies
  23. 23. State RedressalCommission A person who is or has been a Highcourt Judge shall be the president. Two other members• One women not less than 35 years.• Possess a Bachelors Degree.• Having at least 10 years experiencein law, commerce, Accountancy etc. Term of committee is 5 years or up tothe age of 67 years whichever is earlier.23Caarmel Institute of ManagementStudies
  24. 24.  If the value of Goods & Services andcompensation if any claimed exceeds5 lakhs and not exceed 25 lakhs. Any person may prefer an appeal tothe National commission against theorder of the state commission within aperiod of 30 days after the order.24Caarmel Institute of ManagementStudies
  25. 25. National Redressal Commission A person who is or has been a Supremecourt Judge to be appointed by thecentral govt shall be the president. Not less than four members• One women not less than 35 years.• Possess a Bachelors Degree.• Having at least 10 years experiencein law, commerce , Accountancy etc. Term of committee is 5 years or up to theage of 70 years whichever is earlier.25Caarmel Institute of ManagementStudies
  26. 26.  Complaints where the value of goods& services or compensation claimedexceed 25 lakhs. Any person may prefer an appeal tothe supreme Court against the orderof the National commission within aperiod of 30 days after the order.The district , State or the nationalcommission shall not admit a compliant ifit is not filed within 2 years from the dateof cause of action26Caarmel Institute of ManagementStudies
  27. 27. Conclusion27Caarmel Institute of ManagementStudies
  28. 28. Consumer Sovereignty28Caarmel Institute of ManagementStudies
  29. 29. THANKSPresented byAmpady SAneesh RDivya Sanal29Caarmel Institute of ManagementStudies