Presentation on
Consumer Protection Act



                    By :-

                Vishal Thakur
Introduction
The Consumer Protection Act was enacted in 1986.

Some Amendments were made in 2002.

The Act applies to the whole of India except the State
of Jammu and Kashmir.

It is an Act to provide better protection of the
interest of the consumers.
The act is proposed to :-

1.   Protect the interests of consumers
2.   Confer certain rights on consumers
3.   Stop traders from cheating consumers
4.   Offer simple, quick and inexpensive
     redressal for consumers
Rights of Consumer

► Right to safety
► Right to be informed
► Right to choose
► Right to be heard
► Right to seek redressal
► Right to consumer education
Definitions
Consumer is a person who…..

  i) buys any goods for a consideration



 ii) hires any services for a consideration
Who are not consumers?
1. A person who purchased goods for resale
2. A person who purchased goods for
   commercial purpose
3. A person who obtains services without
   consideration
4. Tax-payers to municipality
5. Contractors
6. Applicants for jobs
7. Persons who filed suits in courts
Defect or Deficiency
  “any fault, imperfections or shortcoming in
 the quality, quantity, potency, purity or
 standard which is required to be maintained
 by or under any law”.

Services
 Any description which is made available to
 potential users
Complaint

‘Complaint’ means any allegation in writing
   made for-
i) an unfair trade practice or a restrictive trade
      practice adopted by any trade or service
      provider
ii) the goods bought by complainant or agreed
   to be bought by him suffers from one more
   defect
iii) the services hired or agreed to be hired
   suffer from deficiency in any respect
iv) a trader or the service provider has
  charged for the goods or for the services ,
  a price in excess of the price-

  a) fixed by or under any law

  b) displayed on the goods or any package
 containing such goods

  c) agreed between the parties
A complaint may be filed by

  1. The consumer to whom such goods are sold
  2. Any recognized consumer association, where
     that consumer is a member
  3. One or more consumers, where there are
     numerous consumers having same interest
  4. The Central and State Government
Consumer Disputes Redressal Forums

The aims and objectives of the Act are achieved by the
constitution and creation of

    District Forum

    State Commission

    National Consumer Disputes Redressal Commission.
District Forum

A District forum have jurisdiction to
entertain complaints where the value of
the goods or services or compensation, if
any, claimed does not exceed Rs.20 Lakhs.
State Commission
Each State Commissionn have jurisdiction to entertain
complaints where the value of the goods or services
or compensation, if any, claimed exceeds Rs. 20 Lakhs
but does not exceed Rs.1 Crore and appeals against
the orders of any District Forum within the State.
National Commission

The National Commission have jurisdiction to
entertain complaints where the value of the
goods or services or compensation, if any, the
claim exceeds Rs. 1 Crore and also the appeals
against the orders of any State Commission.
Consumer Disputes Redressal Forums
The District Forum, State Commission or the National
Commission shall not admit a complaint unless it is filed
within 2 years from the date on which the cause of action
has arisen.

Where a trader or a person against whom a complaint is
made fails to comply with any order made by the District
Forum, the State Commission, the National Commission,
such trader or person shall be punished with
imprisonment for a term which shall not be less than 1
month but which may extend to 3 years, or with fine
which shall be not less than 2,000/- Rs. but which may
extend to 10,000/-Rs., or with both.
Findings and Verdicts
If a trader is found guilty , he must have to:-
• remove the defects
• replace the goods with new goods of
   similar description.
• return complainant the price
• pay compensation to the consumer for any
   loss or injury suffered
• discontinue the unfair trade practices
Appeals
▒ Appeal to the State commission
   ▒ any person aggrieved by an order made by the
    district forum may prefer an appeal against such order
    to the State commission within a period of 30 days

▒ Appeal to the National commission
   ▒ any person aggrieved by an order made by the State
    commission in exercise of its powers may prefer an
    appeal against such order to the National commission
    within a period of 30 days
Consumer protection act

Consumer protection act

  • 1.
    Presentation on Consumer ProtectionAct By :- Vishal Thakur
  • 2.
    Introduction The Consumer ProtectionAct was enacted in 1986. Some Amendments were made in 2002. The Act applies to the whole of India except the State of Jammu and Kashmir. It is an Act to provide better protection of the interest of the consumers.
  • 3.
    The act isproposed to :- 1. Protect the interests of consumers 2. Confer certain rights on consumers 3. Stop traders from cheating consumers 4. Offer simple, quick and inexpensive redressal for consumers
  • 4.
    Rights of Consumer ►Right to safety ► Right to be informed ► Right to choose ► Right to be heard ► Right to seek redressal ► Right to consumer education
  • 5.
    Definitions Consumer is aperson who….. i) buys any goods for a consideration ii) hires any services for a consideration
  • 6.
    Who are notconsumers? 1. A person who purchased goods for resale 2. A person who purchased goods for commercial purpose 3. A person who obtains services without consideration 4. Tax-payers to municipality 5. Contractors 6. Applicants for jobs 7. Persons who filed suits in courts
  • 7.
    Defect or Deficiency “any fault, imperfections or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law”. Services Any description which is made available to potential users
  • 8.
    Complaint ‘Complaint’ means anyallegation in writing made for- i) an unfair trade practice or a restrictive trade practice adopted by any trade or service provider ii) the goods bought by complainant or agreed to be bought by him suffers from one more defect iii) the services hired or agreed to be hired suffer from deficiency in any respect
  • 9.
    iv) a traderor the service provider has charged for the goods or for the services , a price in excess of the price- a) fixed by or under any law b) displayed on the goods or any package containing such goods c) agreed between the parties
  • 10.
    A complaint maybe filed by 1. The consumer to whom such goods are sold 2. Any recognized consumer association, where that consumer is a member 3. One or more consumers, where there are numerous consumers having same interest 4. The Central and State Government
  • 11.
    Consumer Disputes RedressalForums The aims and objectives of the Act are achieved by the constitution and creation of  District Forum  State Commission  National Consumer Disputes Redressal Commission.
  • 12.
    District Forum A Districtforum have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, claimed does not exceed Rs.20 Lakhs.
  • 13.
    State Commission Each StateCommissionn have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, claimed exceeds Rs. 20 Lakhs but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State.
  • 14.
    National Commission The NationalCommission have jurisdiction to entertain complaints where the value of the goods or services or compensation, if any, the claim exceeds Rs. 1 Crore and also the appeals against the orders of any State Commission.
  • 15.
    Consumer Disputes RedressalForums The District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen. Where a trader or a person against whom a complaint is made fails to comply with any order made by the District Forum, the State Commission, the National Commission, such trader or person shall be punished with imprisonment for a term which shall not be less than 1 month but which may extend to 3 years, or with fine which shall be not less than 2,000/- Rs. but which may extend to 10,000/-Rs., or with both.
  • 16.
    Findings and Verdicts Ifa trader is found guilty , he must have to:- • remove the defects • replace the goods with new goods of similar description. • return complainant the price • pay compensation to the consumer for any loss or injury suffered • discontinue the unfair trade practices
  • 17.
    Appeals ▒ Appeal tothe State commission ▒ any person aggrieved by an order made by the district forum may prefer an appeal against such order to the State commission within a period of 30 days ▒ Appeal to the National commission ▒ any person aggrieved by an order made by the State commission in exercise of its powers may prefer an appeal against such order to the National commission within a period of 30 days