OBJECT OF THE ACTThe act is basically passed to protect the interest of the consumers.In order to protect the interest of the consumers, to make provision for establishing necessary consumer councils and other authorities.It intend to seek speed and simple redressal to consumer disputes through quasi-judicial machinery set-up at distract, state and central levels.It awards compensation to consumer on the basis of merit of each case.
CONSUMER [sec2(1)(d)]CONSUMER IS ANY PERSON WHO Buys any goods for a consideration or heirs/avails of any services for a consideration is a consumer. Any user of the goods with the approval of the person who has purchased the goods for consideration is also a consumer. A person hiring or availing of any services for consideration is no doubt a consumer, but any person who is beneficiary of such services with the consent or approval of the original consumer is also a consumer.
To become a consumer, there must be a consideration when he buys goods. Such consideration must have actually been paid or promised or partly paid and partly promised.Any person claiming himself/ as a consumer must satisfy two important consideration besides the others which are as follows: 1. The service or services must have been render to him and 2. He must paid or promised to pay the consideration for the same.The intention of a person purchasing the goods or hiring the services must be consumption not for sale.
PERSON [sec2(1)(m)]A PERSON INCLUDE1. A firm whether registered or not2. A Hindu undivided family.3. A co-operative society.4. Every other association of person whether register under the societies Reg. Act 1960 Consumer need not be an individual to get protection under this act it includes the above person also.
GOODS [sec 2(1)(i)] Means goods as defined in the sale of GOODS ACT 1930. The subject matter of the contract of sale must be available property or goods. The transactions which involve buying and selling of immovable property are regulated by the transfer of property Act.
SERVICES [sec 2(1)(o)]Means service of any description which is made available potential users. The services related to banking, financing, insurance,transport,processing,supply of electricity, lodging and boarding etc but it does not include rendering of any service free of charge or under a contract of personal services. Means service of any description which is made available potential users. The services related to banking, financing, insurance,transport,processing,supply of electricity, lodging and boarding etc but it does not include rendering of any service free of charge or under a contract of personal services.
It implies that services must be of commercial nature i.e. they must be rendered on payment . Even the professional services are included. Even the beneficiaries of the services are included though they are not directly hirer’s provided they use the service with the approval of the concerned consumers.
TRADER [sec2(1)(q)]MEANS Sells goods or distribute any goods for sale. Any manufacture of goods selling the same. Any packer either sells or distribute goods in package form.
MANUFACTURER [sec 2(1)(f)]MEANS Makes or manufacturer any goods or part thereof. Does not make or manufacture any goods but assembles part thereof made or manufactured by others. Put or causes to be put his own mark on goods made or manufactured by any other manufacture.
CONSUMER DISPUTE [sec 2(1)(e)] If there is any dispute between the consumer and manufacturer or trader, as the case may be the consumer gets the right to seek remedy or filing the complaint under the act. The consumer redressal forum is a statutory body under the consumer protection act.
RESTRICTIVE TRADE PRACTICE sec 2(1)(nnn)MEANS delay beyond the period agreed to by a trader in supply of such goods or in providing the service which has led or is likely to lead to rise into price. Regarding the condition precedent to buying ,hire or availing of other goods or service.
UNFAIR TRADE PRACTICE [sec 2(1)(r)] MEANS A trade practice which for the purpose of promoting the sale, use or supply of any goods or for the provisions of any service, adopt any unfair namely. 1. Falsely represent that the goods are of a particular standard quality, quantity, grade, compensation, style or model. 2. Makes the false or misleading representation concerning the need for, or the usefulness of any goods or services.
Gives false warranty or guarantee about the performance, length of life of a product with any proper test. Publication of any advertisement for the sale or supply at a bargaining price. Sale or supply of goods which do not comply any of the standard prescribed by the competitive authorities. Hoarding or destruction the goods or refusing to sell goods with a view to raise the price. Represents that the seller or the supplier has a sponsorship or approval which such seller does not have.
Materially misleads the public concerning theprice at which a products has been soldGives false or misleading facts disparaging thegoods, services or trade of another person.Publication of any advertisement whether in anynewspaper or otherwise,for the sale or supply at abargaining price.Bargaining price means a. A price that is stated in any advertisement tobe a bargain price reference to ordinary price. b. A price which the person hears/sees theadvertisement, would reasonably understand tobe bargain price.
CONSUMERPROTECTIONCOUNCILSChapter 2 sec(4 to 8)
Central Consumer Protection Council State Consumer Protection CouncilDistrict Consumer Protection Council
Sec 4 to 8Sec 4 – Establishment of central council by Central government & membership.Sec 5- Meeting of central councilSec 6 – Objects of central councilSec7 – Establishment of state council by central govt. & its membershipSec 8 – Objects of state councilSec 8(A) – Establishment of district Council by State governmentSec 8(B) – Objects of District Council
CONSUMER DISPUTES REDRESSALAGENCIESChapter III –Sec 9 to27District forum ---established by the state govt.in each district of the state.State Commission --- established by the state govt. in the stateNational Commission --- established by the central govt.
Sec 9 –Establishment of consumer DisputeRedressal AgenciesThere are 3 such agencies –District forum – Sec 10 to 15State commission – Sec 16 to 19National Commisssion – Sec 20 to 23
Sec 10 to 15Sec 10 – Composition of District ForumSec 11 – Jurisdiction (claims upto Rs.20 lac)Sec 12- Manner of complaintSec 13 – Procedure on admission of complaintSec 14 – Finding of the District Forum (ie.judgement)Sec 15 – Appeal (to state commission within 30 days )
Sec 16 to 19Sec 16 – Composition of state commissionSec 17 – Jurisdiction (claims from Rs. 20 lac to 1 crore)Sec 18 – ProcedureSec 19 – Appeal ( to National Commission within 30 days)
Sec 20 to 23Sec 20 – Composition of National CommissionSec 21- JurisdictionSec 23 – Appeal (to supreme Court within 30 days)