This document provides information about the Consumer Protection Act of 1986 in India. It was enacted to provide simpler and quicker redressal for consumer grievances. The act established consumer dispute redressal agencies at the district, state, and national levels to hear complaints. Key rights established for consumers include the right to protection from unsafe goods/services, the right to information about products, and the right to seek redress against unfair practices. The document outlines the composition and jurisdiction of district forums for filing complaints.

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Consumer Protection Act
Tushar Swami (609)
Reshma Patil (610)
Sarvesh Raj Singh (611)
Sunket Anand Pant (612)

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Introduction
• Besides the basic necessities like food, shelter,
and clothing, we consume variety of things.
• Thus, we are consumers.
• We expect “VALUE FOR MONEY”.
• But... What if we are cheated?
• Majority of us are unaware of our rights or
sometimes hesitant to stand-up.
• This is where Consumer Forums come into play.
This presentation provides information about the Consumer Protection Act, 1986, its
advantages for consumers, and basic rights of the consumers.

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Consumer Protection Act, 1986
• enacted to provide a simpler and quicker redressal to
consumer grievances.
• seeks to promote and protect the interest of consumers
against deficiencies and defects in goods or services.
• secures rights against unfair trade practices.
• The agenda of a consumer forum is to provide relief to
both parties and discourage long litigation.
• In a process called 'informal adjudication', forum officials
mediate between the two parties and urge compromise.

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Consumer Protection Act, 1986
• applies to all goods and services (unless specifically
exempted by the Union Government)
• and covers all sectors, whether private, public, or
cooperative.
• The Act has provided a machinery whereby consumers can
file their complaints.
• These complaints will then be heard by consumer forums so
that action can be taken against erring suppliers.
• The consumer, under this law, is not required to deposit huge
court fees.Please remember, consumer courts provide redress only in cases of products or services for personal
use; defects in products used for commercial purposes are not entertained.

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Know Your Consumer Rights
1. Right to be protected against marketing of goods and
services that are hazardous to life and property
2. Right to be informed about the quality, quantity, standard, and
price of goods or services so as to protect the consumer
against unfair trade practices
3. Right to receive assured access, wherever possible, to a
variety of goods and services at competitive prices
4. Right to be heard and to be assured that consumers interests
will receive due consideration at appropriate forums.
5. Right to seek redressal against unfair trade practices.
6. Right to consumer education

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Consumer Redressal Forum
• Under the Consumer Protection Act, every district has at
least one consumer forum, also known as a Consumer
Court.
• Here, consumers can get their grievances heard.
• Above the district forums are the state commissions. At the
top is the National Consumer Disputes Redressal
Commission.
• A written complaint to the company is taken as proof that it
has been informed. The complaint must be backed by copies
of bills, prescriptions, and/or other relevant documents.
Claims of less than Rs5 lakh should be filed with a district forum, claims of Rs5-Rs20 lakh with the state
commission, and claims of more than Rs20 lakh directly with the National Commission.

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To File the Complaint:
• The complaint should be filed within two years of buying.
• It needs to be in writing. Letters should be sent by
registered post, email, or fax.
• The complaint should mention the name and address of the
complainant and the person against the complaint is.
• The details of the problem and the demand on the company
for redressal must be there. This could be a replacement,
removal of defect(s), refund, or compensation.
• You should preserve all bills & receipts as proof.
• The complaint can be in any Indian language.
• There is no compulsion to hire a lawyer.

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CONSUMER PROTECTION COUNCIL
• The Central Consumer Protection Council
• Procedure for meetings of the Central Council
• Objects of the Central Council
• The State Consumer Protection Councils
• Objects of the State Council

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The Central Consumer Protection Council
The objects of the Central Consumer Protection Council are to promote and protect
the rights of the Indian consumers in general within the territory of India.
The Central Council is the highest body to lie down and decide the policy of
consumer protection.
Shri Ram Vilas Paswan
Hon’ble Minister for Consumer Affairs, Food
and Public Distribution

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Procedure for meetings of the Central Council
• The Central Council shall meet as and when necessary, but at least one meeting of
the Council shall be held every year.
• The Central Council shall meet at such time and place as the Chairman may think fit
and shall observe such procedure in regard to the transaction of its business as
may be prescribed.

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Objects of central council
• The right to be protected against the marketing of goods
• The right to be informed about the quality, quantity, potency, purity, standard and price of
goods
• The right to be informed about the quality, quantity, potency, purity, standard and price of
goods
• The right to be heard and to be assured that consumers’ interests will receive due
consideration at appropriate forums
• The right to seek redressal against unfair trade practices
• The right to consumer education

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Objects of the Central Council
Central council
object
Good quality of
goods and
services
(hazardous
product)
Regular and
uninterrupted
supply of products
Reasonable
prices of the
products
Quality
Quantity
Purity

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CONSUMER DISPUTE REDRESSAL AGENCIES
• Establishment of Consumer Disputes Redressal Agencies.
• Composition of the District Forum
• Jurisdiction of the District Forum
• Manner in which complaint shall be made

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The State Consumer Protection Councils
• The State Council shall consist of the following members, namely:—
(a) the Minister incharge of consumer affairs in the State Government who shall be its
Chairman;
(b) such number of other official or non-official members representing such interests as
may be prescribed by the State Governments
• The State Council shall meet as and when necessary but not less than two meetings shall
be held every year.
• The State Council shall meet at such time and place as the Chairman may think fit and shall
observe such procedure in regard to the transaction of its business as may be prescribed
by the State Government.

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Consumer Dispute Redressal Agencies
Establishment of Consumer Disputes Redressal Agencies
• A Consumer Disputes Redressal Forum to be known as the “District
Forum” established by the State Government in each district of the
State
•
• State Consumer Disputes Redressal Commission to be known as the
“State Commission” established by the State Government.
• A National Consumer Disputes Redressal Commission established by
the Central Government is known as National Commission

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Composition of the District Forum
A person who is, or has been, or is qualified to be a District Judge, who shall be its President;
Two other members, one of whom shall be a woman, who shall have the following
qualifications, namely:—
(i) be not less than thirty-five years of age,
(ii) possesss a bachelor’s degree from a recognized university,
(iii) be persons of ability, integrity and standing, and have adequate knowledge and
experience of at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration

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Provided that a persons shall be disqualified for appointment as a member, if he—
(a) has been convicted and sentenced to imprisonment for an offence which, in the
opinion of the State Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a body
corporate owned or controlled by the Government; or
(e) has, in the opinion of the State Government, such financial or other interest as is
likely to affect prejudicially the discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed by the State Government.
Composition of the District Forum

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Annual Report 2016-17

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Jurisdiction of the District Forum
Pecuniary Jurisdiction
Value of service or goods exceed Rs, 1 crore
Territorial Jurisdiction
Appellate Jurisdiction
National Commission has jurisdiction to entertain appeals against the order
of State Commissions and appeal can be filled within 30 days from the order
of the State Commission.

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Finding of the District Forum
• If the District Forum is satisfied that the goods or service complained against suffer from any of the
defects , it can order the opposite party to do one or more of the following things
Remove the defect
Return the price
Replace the good with new goods
Compensation to consumer for any
loss or injury
Discontinue unfair trade practices
Not to offer hazardous goods for sale
Withdraw hazardous goods from
being offered for sale
Remove defect in service
•Proceeding by the President of the District Forum and at least one member thereof sitting
together
• Every order shall be signed by its President and the member or members who conducted the
proceeding
•The procedure relating to the conduct of the meetings of the District Forum, its sittings and other

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Appeal
•Any person aggrieved by an order can appeal against such order to the State Commission within a
period of thirty days from the date of the order
•The State Commission may entertain an appeal after the expiry of thirty days if it is satisfied that
there was sufficient cause for not filing it within that period
• No appeal by a person, who is required to pay any amount in terms of an order of the District
Forum, shall be entertained by the State Commission unless the appellant has deposited fifty per
cent of that amount or twenty-five thousand rupees, whichever is less.

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Composition of the State Commission
Selection Committee consists of the following
members
•The salary or honorarium and other allowances shall be as prescribed by the State Government
• Every member of the State Commission shall hold office for a term of five years or up to the age of
sixty-seven years, whichever is earlier
•A member can be reappointed if he fulfills all the criteria and on the basis of the recommendation of
the Selection Committee
•A member may resign his office in writing under his hand addressed to the State Government
• Is or has been judge of a High Court
• Appointed by the State GovernmentPresident
• Two or more
• As may be prescribedMembers
• One of the member should be a
woman
Women
Member
• President of the State CommissionChairman
• Secretary of the Law Department of
the StateMember
• Secretary incharge of the Department
dealing with Consumer AffairsMember
Composition of the Commission

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Criteria for Disqualification
A person shall be disqualified for appointment as a member, if he
•has been convicted and sentenced to imprisonment for an offence
• is an undischarged insolvent
• is of unsound mind and stands so declared by a competent court
•has been removed or dismissed from the service of the Government or a body corporate owned
or controlled by the Government
• has, in the opinion of the State Government, such financial or other interest, as is likely to affect
prejudicially the discharge by him of his functions as a member.
• has such other disqualifications as may be prescribed by the State Government

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When President is unable to act as a Chairman
• The State Government may refer the matter to the Chief Justice of the High Court for nominating a
sitting Judge
• The jurisdiction, powers and authority of the State Commission may be exercised by Benches
• A Bench may be constituted by the President with one or more members as the President may deem
fit.
•If the members of a Bench differ in opinion on any point, the points shall be decided according to the
opinion of the majority
•if the members are equally divided, they shall state the point or points on which they differ, and make
a reference to the President who shall either hear the point or points himself or refer the case for
hearing on such point or points by one or more or the other
•members and such point or points shall be decided according to the opinion of the majority of the
members who have heard the case, including those who first heard it

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Jurisdiction of the State Commission
The State Commission shall have jurisdiction
(a) to entertain
I. complaints where the value of the goods or services and compensation, if any, claimed
[exceeds rupees twenty lakhs but does not exceed rupees one crore
II. (appeals against the orders of any District Forum within the State; and
(b) to call for the records and pass appropriate orders
(c)the cause of action, wholly or in part, arises
Transfer of Cases: On the application of the complaint or of its own motion may transfer any complaint
pending before the District Forum to another District Forum
Circuit Benches: The State Commission shall ordinarily function in the State Capital but may perform
at other places by notifying in the Official Gazette from time to time

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Appeals
•Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to
the National Commission within a period of thirty days
• National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied
that there was sufficient cause for not filing it within that period
• no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall
be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per
cent. of the amount or rupees thirty-five thousand, whichever is less
•Hearing of appeal: It shall be heard as expeditiously as possible and an endeavour shall be made to dispose of
the appeal within a period of ninety days
•no adjournment shall be ordinarily granted unless sufficient cause is shown and the reasons for grant of
adjournment have been recorded in writing

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Composition of the State Commission
Selection Committee consists of the following members
•The salary or honorarium and other allowances shall be as prescribed by the CentralGovernment
• Every member of the State Commission shall hold office for a term of five years or up to the age of
seventy years, whichever is earlier
•A member can be reappointed if he fulfills all the criteria and on the basis of the recommendation of
the Selection Committee
•A member may resign his office in writing under his hand addressed to the Central Government
• Is or has been judge of a Supreme Court
• Appointed by the State GovernmentPresident
• Four or more, as may be prescribed
• One of the member should be a womanMembers
• Not more than 50% of the members hall
be from a judicial backgroundMembers
• Is a Judge of the Supreme Court
• nominated by the Chief Justice of
India
Chairman
• Secretary in the Department of Legal
AffairsMember
• Secretary of the Department dealing
with Consumer AffairsMember
Composition of the Commission

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Criteria for Disqualification
A person shall be disqualified for appointment as a member, if he
•has been convicted and sentenced to imprisonment for an offence
• is an undischarged insolvent
• is of unsound mind and stands so declared by a competent court
•has been removed or dismissed from the service of the Government or a body corporate owned or controlled
by the Government
• has, in the opinion of the State Government, such financial or other interest, as is likely to affect prejudicially
the discharge by him of his functions as a member.
• has such other disqualifications as may be prescribed by the State Government

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Jurisdiction of National Commission
• To entertain the complaints where goods or service and compensation, claim exceed.
• To appeal against the order of state commission
• To call for the record and pass appropriate order in any consumer dispute which is pending before or has been decided by
state commission

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Power and procedure applicable to the National Commission
A. Power to set aside ex parte order
B. Transfer of cases
C. Circuit Benches
D. Vacancy in the office of president
E. Qualification, terms and condition of the service of the president or member

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Appeal
Any person aggrieved by an order made by N.C. may prefer appeal against such
order to supreme court within period of 30 day from the date of the order
Finality of order
A. limited period
B. Administrative control

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Enforcement of the order of D.F., S.C. and N.C.
When an interim order made under this act is not complied with district forum or
state commission or national commission then there may be order that the
property of the person to be attached.
Dismissal of frivolous or vexatious complaints.
. Recorded in writing
. Dismiss the complain
. Complainant shall pay to opp. party

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Penalties
When a trader or a person against whom a complaint is made, fail to comply with an
order then such trader or person shall be punishable with imprisonment or fine or both.

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Miscellaneous
Protection of action taken in good faith
No suit, prosecution against member of DF, SC,NC.
Power to remove difficulties
central government
Every order shall be laid before each House of Parliament

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Power to make rules
. Central government
. State government
. National commission
Rules and Regulations to be laid before the House of
Parliament
. Both House should be agree
. Rules by state govt. shall be laid before state legislature

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Benefits of Consumer Protection Act
Consumer Protection Act

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World Consumer Rights Day
Objectives
1. Protect and respect consumer rights.
2. Help the consumer know their rights and create awareness.
3. Fight against wrongdoings and injustice consumers face.
What is Done on World Consumer Rights Day?
• Increase awareness through Workshops, seminars, press
conferences and publications.
• Facebook live videos.
• Encourage Consumer Court complaints in India to be taken
much more seriously.
Theme for 2017
Building a Digital World Consumers Can Trust

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Consumer Protection Act, 2018
• The Bill empowers the Centre to formulate
measures to prevent unfair trade practices in e-
commerce.
• Currently, ecommerce retailers are exempted from
most these laws.
• Act more like facilitators between buyers and
sellers.
• The ecommerce companies would also require to
disclose the intention and applications of consumer
data that these companies store.
• Besides, it’ll be confirmed that whether Users’
Consents are asked or not before gathering such
The Consumer Protection Bill Once Enacted, Will Make
Online Retailers And Marketplaces Liable For Fraudulent
Sales And Defective Products Sold On Their Platforms

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