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Group Number - 6
JASVEER SINGH
&
ZUBAIR SHAIKH
PRESENTS
The Consumer Protection Act, 1986
!!!!! JAGO GRAHAK JAGO !!!!!
Consumer Protection Act, 1986
Jasveer Singh
Roll No.55
We School
Topics
▪ Introduction to Consumer Protection Act
▪ Rights of Consumers
▪ Responsibilities of Consumers
▪ Redressal Agencies
▪ Role of Consumer Organisations & NGOs
The Earlier Approach
CAVEAT EMPTOR
“Let the BUYER beware”
The Modern Approach
CAVEAT VENDITOR
“Let the SELLER beware”
Consumer Protection Act, 1986
Introduction -:
▪ This Act was enacted in 1986 to protect the interest and rights of consumers in India.
Passed in Assembly in October, 1986 and came in force on 24-Dec-1986.
▪ Act applies to the whole of India except Jammu & Kashmir.
Who is a Consumer ? ( Sec 2 (1)(d) )
▪ It includes a person who buys any goods or avails any service for a consideration for
own personal use or consumption.
▪ Consideration may be Paid, Promised, Partly Paid & Partly Promised.
It does not include a person -:
▪ Who obtains goods or avails such service for any commercial purpose or resale.
▪ Who buys any goods or avails any service free of charge.
Consumer Protection Act, 1986
▪ What are Goods ?
It means every kind of movable property other than actionable claims
and money, and includes stock and shares, growing crops, grass and
things attached to or forming part of the land, which are agreed to be
severed before sale or under the contract of the sale.
What are Services ? (Sec 2(1) (o))
It means service of any description which is made available to potential
users and include, but not limited to, the provision of facilities in
connection with banking, financing, insurance, transport, processing,
supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service free
of charge.
Consumer Protection Act, 1986
▪ What is a Defect (Goods) ? (Sec 2(1) (h))
It means any fault, imperfection or shortcoming in the quality, quantity, potency,
purity or standard which is required to be maintained by or under any law for
time being in force or under any contract, express or implied, or as is claimed by
the trader in any manner whatsoever in relation to any goods.
▪ What is Deficiency in Service ? (Sec 2(1) (g))
It means any fault, imperfection shortcoming or inadequacy in the quality,
nature and manner of performance which is required to be maintained by or
under any law for time being in force or has been undertaken to be performed by
a person in pursuance of a contract or otherwise in relation to any service.
Consumer Protection Act, 1986
▪ What is Unfair Trade Practice ? (Sec 2(1) (r))
Any unfair method or deceptive practice adopted to promote or sale or
use or supply any goods or services.
▪ What is Restrictive Trade Practice ? (Sec 2(1) (nnn))
Manipulation of price or conditions of delivery or to affect flow of
supplies in the market relating to goods or services in such a manner as
to impose unjustified costs or restrictions on the consumers.
Rights of Consumers (Sec 6)
▪ Right to Safety
▪ Right to be informed
▪ Right to choose
▪ Right to be heard
▪ Right to seek redressal
▪ Right to consumer education
Consumer Protection Act, 1986
If there are rights then there are some
corresponding responsibilities too.
Responsibilities of Consumers
▪ Ask for a Bill or Cash Memo
▪ Be aware
▪ Buy only standardized goods
ISI Mark - Electrical goods AGMARK - Agricultural Goods
FPO Mark - Food products Eco Mark - Environment-friendly
Hallmark - Jewelry FPO Mark - Processed fruit products
Responsibilities of Consumers
▪ Follow manufacturer’s instruction
▪ Read labels carefully
▪ Be honest in your dealings
▪ File a complaint in an appropriate consumer forum
▪ Form consumer societies
▪ Respect the environment
How to File Complaint Online (FREE)
▪ Call to register your grievance : 1800-11-4000 or
14404
▪ SMS on this Number 8130009809.
▪ Website
▪ Mobile App
How to File Complaint Online
consumerhelpline.gov.in - Register
How to File Complaint Online
How to File Complaint Online
How to File Complaint Online
How to File Complaint Online
Consumer Protection Act, 1986
Zubair Shaikh
Roll No.40
We School
Consumer Protection Act, 1986
REDRESSAL AGENCIES
Consumer Protection Act, 1986
Who can file a complaint ?:
▪ (i) Any consumer;
▪ (ii) Any registered consumers’ association;
▪ (iii) The Central Government or any State Government;
▪ (iv) One or more consumers, on behalf of numerous
consumers having the same interest.
▪ (v) A legal heir or representative of a deceased consumer.
How to file complaint offline
▪ The complaint can be filed on a plain paper. ( standard format avai.
Too)
▪ Stamp paper is not required for declaration.
▪ It should contain all the details of the complainant and the opposite
party.
▪ Engaging a lawyer to file a case is not compulsory.
▪ Nominal fees to be paid
Complaint Form
https://consumeraffairs.nic.in/consumer-corner/consumer-fora
Complaint Form offline
Fee for filing Complaint
Consumer grievances are redressed by
the three tire machinery
District Forum
• The District Forum consists of a President and two other members,
one of whom should be a woman.
▪ They are appointed by the State Government concerned.
▪ Value of the goods or services in question, along with the
compensation claimed, does not exceed Rs. 20 lakhs.
▪ If required, the goods or a sample thereof, shall be sent for testing in
a laboratory and issue an appropriate order under section 14
▪ In case the aggrieved party is not satisfied with the order of the
District Forum, he can appeal before the State Commission within 30
days of the passing of the order.
State Commission
▪ Each State Commission consists of a President and not less than two other
members one of whom should be a woman.
▪ They are appointed by the State Government concerned.
Value of the goods or services in question, along with the compensation claimed,
does not exceed Rs. 20 lakhs but does not exceed Rs. 1 crore.
▪ If required, the goods or a sample thereof, shall be sent for testing in a
laboratory.
▪ If found any deficiency under sections 12, 13 and 14 and the rules made there
under for the disposal made thereunder for the disposal.
▪ Appeal before the State Commission within 30 days of the passing of the order.
National Commission
▪ Each State Commission consists of a President and not less than two other
members one of whom should be a woman.
▪ They are appointed by the State Government concerned a) the powers of a civil
court as specified in sub-sections (4), (5) and (6) of section 13;
▪ Value of the goods or services in question, along with the compensation claimed
exceed Rs. 1 crore
▪ If required, the goods or a sample thereof, shall be sent for testing in a laboratory.
▪ In case the aggrieved party is not satisfied with the order of the District Forum,
he can appeal before the State Commission within 30 days of the passing of the
order.
Relief Available
▪ If the consumer court is satisfied about the genuineness of the
complaint.
▪ To remove the defect in goods or deficiency in service.
▪ To replace the defective product with a new one, free from any defect.
▪ To refund the price paid for the product, or the charges paid for the
service.
▪ To pay a reasonable amount of compensation for any loss or injury
suffered by the consumer due to the negligence of the opposite party.
▪ To pay punitive damages in appropriate circumstances.
Relief Available
▪ To discontinue the unfair/restrictive trade practice and not to repeat it in the
future.
▪ Not to offer hazardous goods for sale.
▪ To withdraw the hazardous goods from sale.
▪ To cease manufacture of hazardous goods and to desist from offering
hazardous services.
▪ To pay any amount not less than (5% of the value of the defective goods or
deficient services provided).
▪ Credited to the Consumer Welfare Fund or any other organisation/person.
ROLE OF CONSUMER ORGANISATIONS AND NGOs
▪ Educating the general public about consumer rights.
▪ Publishing periodicals and other publications to impart knowledge.
▪ Carrying out comparative testing of consumer products in laboratories.
▪ Encouraging consumers to strongly protest and take an action.
▪ Providing legal assistance to consumers.
▪ Filing complaints in appropriate consumer courts.
▪ Taking an initiative in filing cases in consumer courts.
NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION - STATISTICS
Consumer Protection Act, 1986

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Consumer Protection Act, 1986

  • 1. Group Number - 6 JASVEER SINGH & ZUBAIR SHAIKH PRESENTS
  • 2. The Consumer Protection Act, 1986 !!!!! JAGO GRAHAK JAGO !!!!!
  • 3. Consumer Protection Act, 1986 Jasveer Singh Roll No.55 We School
  • 4. Topics ▪ Introduction to Consumer Protection Act ▪ Rights of Consumers ▪ Responsibilities of Consumers ▪ Redressal Agencies ▪ Role of Consumer Organisations & NGOs
  • 5. The Earlier Approach CAVEAT EMPTOR “Let the BUYER beware”
  • 6. The Modern Approach CAVEAT VENDITOR “Let the SELLER beware”
  • 7. Consumer Protection Act, 1986 Introduction -: ▪ This Act was enacted in 1986 to protect the interest and rights of consumers in India. Passed in Assembly in October, 1986 and came in force on 24-Dec-1986. ▪ Act applies to the whole of India except Jammu & Kashmir. Who is a Consumer ? ( Sec 2 (1)(d) ) ▪ It includes a person who buys any goods or avails any service for a consideration for own personal use or consumption. ▪ Consideration may be Paid, Promised, Partly Paid & Partly Promised. It does not include a person -: ▪ Who obtains goods or avails such service for any commercial purpose or resale. ▪ Who buys any goods or avails any service free of charge.
  • 8. Consumer Protection Act, 1986 ▪ What are Goods ? It means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of the sale. What are Services ? (Sec 2(1) (o)) It means service of any description which is made available to potential users and include, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge.
  • 9. Consumer Protection Act, 1986 ▪ What is a Defect (Goods) ? (Sec 2(1) (h)) It means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods. ▪ What is Deficiency in Service ? (Sec 2(1) (g)) It means any fault, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
  • 10. Consumer Protection Act, 1986 ▪ What is Unfair Trade Practice ? (Sec 2(1) (r)) Any unfair method or deceptive practice adopted to promote or sale or use or supply any goods or services. ▪ What is Restrictive Trade Practice ? (Sec 2(1) (nnn)) Manipulation of price or conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose unjustified costs or restrictions on the consumers.
  • 11. Rights of Consumers (Sec 6) ▪ Right to Safety ▪ Right to be informed ▪ Right to choose ▪ Right to be heard ▪ Right to seek redressal ▪ Right to consumer education
  • 12. Consumer Protection Act, 1986 If there are rights then there are some corresponding responsibilities too.
  • 13. Responsibilities of Consumers ▪ Ask for a Bill or Cash Memo ▪ Be aware ▪ Buy only standardized goods ISI Mark - Electrical goods AGMARK - Agricultural Goods FPO Mark - Food products Eco Mark - Environment-friendly Hallmark - Jewelry FPO Mark - Processed fruit products
  • 14. Responsibilities of Consumers ▪ Follow manufacturer’s instruction ▪ Read labels carefully ▪ Be honest in your dealings ▪ File a complaint in an appropriate consumer forum ▪ Form consumer societies ▪ Respect the environment
  • 15. How to File Complaint Online (FREE) ▪ Call to register your grievance : 1800-11-4000 or 14404 ▪ SMS on this Number 8130009809. ▪ Website ▪ Mobile App
  • 16. How to File Complaint Online consumerhelpline.gov.in - Register
  • 17. How to File Complaint Online
  • 18. How to File Complaint Online
  • 19. How to File Complaint Online
  • 20. How to File Complaint Online
  • 21. Consumer Protection Act, 1986 Zubair Shaikh Roll No.40 We School
  • 22. Consumer Protection Act, 1986 REDRESSAL AGENCIES
  • 23. Consumer Protection Act, 1986 Who can file a complaint ?: ▪ (i) Any consumer; ▪ (ii) Any registered consumers’ association; ▪ (iii) The Central Government or any State Government; ▪ (iv) One or more consumers, on behalf of numerous consumers having the same interest. ▪ (v) A legal heir or representative of a deceased consumer.
  • 24. How to file complaint offline ▪ The complaint can be filed on a plain paper. ( standard format avai. Too) ▪ Stamp paper is not required for declaration. ▪ It should contain all the details of the complainant and the opposite party. ▪ Engaging a lawyer to file a case is not compulsory. ▪ Nominal fees to be paid
  • 27. Fee for filing Complaint
  • 28. Consumer grievances are redressed by the three tire machinery
  • 29. District Forum • The District Forum consists of a President and two other members, one of whom should be a woman. ▪ They are appointed by the State Government concerned. ▪ Value of the goods or services in question, along with the compensation claimed, does not exceed Rs. 20 lakhs. ▪ If required, the goods or a sample thereof, shall be sent for testing in a laboratory and issue an appropriate order under section 14 ▪ In case the aggrieved party is not satisfied with the order of the District Forum, he can appeal before the State Commission within 30 days of the passing of the order.
  • 30. State Commission ▪ Each State Commission consists of a President and not less than two other members one of whom should be a woman. ▪ They are appointed by the State Government concerned. Value of the goods or services in question, along with the compensation claimed, does not exceed Rs. 20 lakhs but does not exceed Rs. 1 crore. ▪ If required, the goods or a sample thereof, shall be sent for testing in a laboratory. ▪ If found any deficiency under sections 12, 13 and 14 and the rules made there under for the disposal made thereunder for the disposal. ▪ Appeal before the State Commission within 30 days of the passing of the order.
  • 31. National Commission ▪ Each State Commission consists of a President and not less than two other members one of whom should be a woman. ▪ They are appointed by the State Government concerned a) the powers of a civil court as specified in sub-sections (4), (5) and (6) of section 13; ▪ Value of the goods or services in question, along with the compensation claimed exceed Rs. 1 crore ▪ If required, the goods or a sample thereof, shall be sent for testing in a laboratory. ▪ In case the aggrieved party is not satisfied with the order of the District Forum, he can appeal before the State Commission within 30 days of the passing of the order.
  • 32. Relief Available ▪ If the consumer court is satisfied about the genuineness of the complaint. ▪ To remove the defect in goods or deficiency in service. ▪ To replace the defective product with a new one, free from any defect. ▪ To refund the price paid for the product, or the charges paid for the service. ▪ To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to the negligence of the opposite party. ▪ To pay punitive damages in appropriate circumstances.
  • 33. Relief Available ▪ To discontinue the unfair/restrictive trade practice and not to repeat it in the future. ▪ Not to offer hazardous goods for sale. ▪ To withdraw the hazardous goods from sale. ▪ To cease manufacture of hazardous goods and to desist from offering hazardous services. ▪ To pay any amount not less than (5% of the value of the defective goods or deficient services provided). ▪ Credited to the Consumer Welfare Fund or any other organisation/person.
  • 34. ROLE OF CONSUMER ORGANISATIONS AND NGOs ▪ Educating the general public about consumer rights. ▪ Publishing periodicals and other publications to impart knowledge. ▪ Carrying out comparative testing of consumer products in laboratories. ▪ Encouraging consumers to strongly protest and take an action. ▪ Providing legal assistance to consumers. ▪ Filing complaints in appropriate consumer courts. ▪ Taking an initiative in filing cases in consumer courts.
  • 35. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION - STATISTICS