Consumer Protection Act Law

1. THE CONSUMER PROTECTION ACT, 1986
In a free enterprise economy, consumer
is said to be sovereign as the business
produces what consumers want. But in
reality consumers are often exploited by
some dishonest businessmen.

2. CONTINUED…….
The Govt. of India had enacted several laws to
protect the consumers. Those are:-
 The Essential Commodities Act, 1955
 The Prevention of Food Adulteration Act, 1954
 Black Marketing & Maintenance of Supplies of
Essential Commodities Act, 1980
 Trade Marks & Merchandise Marks Act, 1958
 The Standards of Weight & Measures Act,1956
 Agricultural Products Grading & Marketing
Act,1937
 Indian standards Institution Certification Act,1952

3. OBJECTIVES
 Providing better protection of interest of
customers.
 Providing for the establishment of
consumer council & other authorities.
 Settling consumer disputes.

4. RIGHTS OF THE CONSUMERS
 Right to safety
 Right to be Informed
 Right to choose
 Right to be Heard
 Right to Seek Redressal
 Right to Consumer Education.


5. CONSUMER REDRESSAL AGENCIES:--
The act provides for setting up of the three tier redressal
machinery. Those are:-
1.District forum:--
 The State Govt. shall set up a District
Forum in each district of the State. It shall consist of:
 A person who is or has been, or is qualified to be a District
judge nominated by the State Govt. who shall be its
president;
 A person of eminence in the field of education, trade of
commerce
 A lady social worker.
An appeal against the order of District Forum can be filed
before the State Commission within a period of 30 days from
the order.

6. CONTINUE--
2. State Commission:-
A commission shall be established in each State by the respective
State Govt. Each State Commission shall be consist of:-
 A person who is or has been judge of a high court appointed by
the State Govt. who shall be its President.
 Two other members who shall be persons of ability, integrity &
have adequate knowledge or the capacity in dealing with the
problems relating to
economics, law, commerce, accountancy, industry etc. One of
them shall be an woman.
An appeal against the order of a State Commission can be filed
before the National Commission within 30 days from the date of
the order.

7. CONTINUE--
3. National commission:-
The Central Govt. shall establish a National Consumer
Disputes Redressal Commission which shall consist of:-
 A person who is or has been a Judge of the Supreme
Court who shall be the President &
 Two other members who shall be persons of
ability, integrity & have adequate knowledge or the
capacity in dealing with the problems relating to
economics, law, commerce, accountancy, industry etc.
One of them shall be an woman.
An appeal against the orders of the National Commission
can be filed in the Supreme Court within 30 days from the
date of order.

8. HOW TO FILE A COMPLINT
The complainant or his authorised agent can present the complaint in
person. The complaint can also be send by post to the appropriate
Forum/Commission. The complaint should be addressed to the
President of the Forum/Commission. It should containt the
following information:-
 The name, description & address of the complainant.
 The name, description & address of the opposite party or parties.
 The facts relating to complaints & when & where it arose.
 Documents, if any, in support of the allegations contained in the
complaints.
 The relief the complaint is seeking.
The complaint should be signed by the complainant or his
authorised agent. Minimum four copies of the complaint should be
filed.
The district forum/commission is required to decide the
complaint as far as possible within a period of 3 months.

9. REMEDIES AVAILABLE TO CONSUMERS
If the District Forum/commission is satisfied that the goods
complained against suffer from any of the defects specified in the
complaint or that any of the allegations contained in the complaint
about the services are proved, it shall issue an order to the
opposite party directing him to do one or more of the following
things:-
1) To remove the defect.
2) To replace the goods with new goods.
3) To return to the complainant the price.
4) To pay such amount as may be awarded by it as compensation
to the consumer.
5) To remove the defects & deficiencies in the services.
6) To discontinue the unfair trade practice.
7) Not to offer the hazardous goods for sale.
8) To cease manufacture of hazardous goods.
9) To provide the adequate costs to parties.