4. In India 1986 was the enactment of consumer protection act.
5. Aimed at providing simple, quick, and cheaper protection of consumersinterest.
6. Section 2(1)(d)(ii) of the act“Consumer” means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.
7. IMPORTANCE Business is a means of human welfare Growth with social justice Single vs. multiple objectives Stakeholder approach Power centre Self interest Customer is the purpose of the business Ethical obligations Public support Principle of trusteeship
8. CONSUMER RIGHTS Right to Safety Right to be Informed Right to Choose Right to be Heard Right to Seek Redressal Right to Consumer Education Right to Basic Needs Right to healthy environment
15. REDRESSAL MECHANISM The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels. National Consumer Disputes Redressal Commission -National Commission. (Exceeding 1 Crore) State Consumer Disputes Redressal Commissions - State Commission. (> Rs. 20 Lakhs < Rs. 1 Crore) District Consumer Disputes Redressal Forums - District Forum. (< Rs. 20 Lakhs.)
16. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Pecuniary Jurisdiction: Value of goods or services and compensation, if any, claimed < Rs 20 lakhs [Section 11]. Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10]. Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].
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18. Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16].
19. Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)].
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24. An appeal before National Commission 50 % of the amount to be paid to the complainant in accordance with order of a State Commission or Rs 35,000.00, whichever is less [Provision to Section 19]. The amount shall be remitted in the form of Demand Draft drawn on a national bank in favour of the Registrar, National Commission payable at Delhi [Rule 14-A].
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26. Provided that no adjournment shall be ordinarily granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission.
27. Provided Further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment as maybe provided in the regulations made under this Act.
30. The Forum shall make such orders as to the cost occasioned by the adjournment
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34. LIMITATION PERIOD FOR FILING A COMPLAINT District Forum or State Commission or the National Commission within 2 years from the date on which the cause of action has arisen. The Forum/Commission concerned can overlook the delay for recorded reasons [Section 24A]. Appeals are require to be filed within 30 days from the date of receipt of the court's order. It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condensation of delay.
38. The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
39. The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.