The document summarizes key aspects of the Consumer Protection Act 1986 in India, including its objectives to better protect consumer interests and rights related to safety, education, information, redressal, and being heard. It defines a consumer, complainant, complaint, defect, deficiency, manufacturer, and unfair trade practices. It also provides a case study example of a consumer filing a complaint against a banquet hall for unfair trade practices. Finally, it outlines the roles and procedures of District Consumer Disputes Redressal Forums as the lowest authority for consumer complaints.
The document discusses the Consumer Protection Act of 1986 in India. It was enacted to provide better protection of consumer interests and establish consumer councils and authorities to handle consumer disputes. Key points covered include the scope of the act, definitions of terms, organizational structure set up under the act including consumer protection councils and dispute redressal agencies, procedures for filing complaints, and reasons consumers can file complaints. The act aims to protect consumer rights and provide a redressal mechanism for resolving disputes in a timely manner.
The document discusses two cases of consumer rights violations. In the first case, a consumer used cosmetics and found the products' claims to be untrue, violating their rights to safety and information. The manufacturer refused to address these issues. In the second case, a consumer purchased defective goods but the manufacturer denied responsibility. The document emphasizes that consumers have the rights to be heard and seek redressal when issues arise. It provides solutions like removing hazardous goods, replacing them, and returning the purchase price.
The document provides an overview of the key aspects of the Consumer Protection Act 2019 in India. Some of the highlights include:
- Establishment of the Central Consumer Protection Authority to regulate matters relating to violation of consumer rights
- Expanded scope to include e-commerce transactions and provisions for e-filing complaints
- Increased pecuniary jurisdiction of consumer commissions
- Stiffer penalties for misleading advertisements
- Introduction of product liability provisions and provisions for mediation of disputes
This is a try to Minimize the long and lengthy Consumer Protection Act, 2019 of India into a short PPT. I tried to take all the key features from the Act. This Act came into force from 20th July,2020 in India
“NEED FOR CONSUMER PROTECTION ACT
IN AN ERA OF FREE COMPETITION
WHERE CONSUMER IS THE KING
THEREFORE, KING NEED PROTECTION”
Introduction
Problems Faced By Consumers
Evolution Of Consumer Protection Rights In India
Consumer Protection Act - 1986
Who is a Consumer
International Scenario
Rights Of A Consumer/ Objectives Of The Act
What is Complaint
Procedure Of Filing A Complaint
What are Forums
“Jago Grahak Jago” Scheme Of Govt. Of India
Consumer Guidance Society Of India (CGSI)
Statistical Data
Comparison Of Consumer Protection Act In India And
Brazil
Case Studies
DHARAMDAS PRITIANI VS. HDFC ERGO GENERAL INSURANCE COMPANY LTD
CHETAN PRAKASH VS. MET INSTITUTE OF COMPUTER SCIENCE
KRISHAN KUMAR BAJAJ VS. PEPSICO
Recommendations
The document summarizes the key reasons for enacting the Consumer Protection Act in India in 1986. It notes that previously, consumer rights were not well protected under the doctrine of caveat emptor. It also cites issues like collective bargaining by sellers, multiple existing consumer laws, and barriers to litigation that necessitated stronger consumer protection. The act aims to provide better protection of consumer interests through consumer councils and other authorities to enable easier redressal of consumer disputes.
The document discusses the Consumer Protection Act of 1986 in India. It was enacted to provide better protection of consumer interests and establish consumer councils and authorities to handle consumer disputes. Key points covered include the scope of the act, definitions of terms, organizational structure set up under the act including consumer protection councils and dispute redressal agencies, procedures for filing complaints, and reasons consumers can file complaints. The act aims to protect consumer rights and provide a redressal mechanism for resolving disputes in a timely manner.
The document discusses two cases of consumer rights violations. In the first case, a consumer used cosmetics and found the products' claims to be untrue, violating their rights to safety and information. The manufacturer refused to address these issues. In the second case, a consumer purchased defective goods but the manufacturer denied responsibility. The document emphasizes that consumers have the rights to be heard and seek redressal when issues arise. It provides solutions like removing hazardous goods, replacing them, and returning the purchase price.
The document provides an overview of the key aspects of the Consumer Protection Act 2019 in India. Some of the highlights include:
- Establishment of the Central Consumer Protection Authority to regulate matters relating to violation of consumer rights
- Expanded scope to include e-commerce transactions and provisions for e-filing complaints
- Increased pecuniary jurisdiction of consumer commissions
- Stiffer penalties for misleading advertisements
- Introduction of product liability provisions and provisions for mediation of disputes
This is a try to Minimize the long and lengthy Consumer Protection Act, 2019 of India into a short PPT. I tried to take all the key features from the Act. This Act came into force from 20th July,2020 in India
“NEED FOR CONSUMER PROTECTION ACT
IN AN ERA OF FREE COMPETITION
WHERE CONSUMER IS THE KING
THEREFORE, KING NEED PROTECTION”
Introduction
Problems Faced By Consumers
Evolution Of Consumer Protection Rights In India
Consumer Protection Act - 1986
Who is a Consumer
International Scenario
Rights Of A Consumer/ Objectives Of The Act
What is Complaint
Procedure Of Filing A Complaint
What are Forums
“Jago Grahak Jago” Scheme Of Govt. Of India
Consumer Guidance Society Of India (CGSI)
Statistical Data
Comparison Of Consumer Protection Act In India And
Brazil
Case Studies
DHARAMDAS PRITIANI VS. HDFC ERGO GENERAL INSURANCE COMPANY LTD
CHETAN PRAKASH VS. MET INSTITUTE OF COMPUTER SCIENCE
KRISHAN KUMAR BAJAJ VS. PEPSICO
Recommendations
The document summarizes the key reasons for enacting the Consumer Protection Act in India in 1986. It notes that previously, consumer rights were not well protected under the doctrine of caveat emptor. It also cites issues like collective bargaining by sellers, multiple existing consumer laws, and barriers to litigation that necessitated stronger consumer protection. The act aims to provide better protection of consumer interests through consumer councils and other authorities to enable easier redressal of consumer disputes.
The document discusses the doctrine of caveat emptor, or "let the buyer beware." It states that under this doctrine, there is no implied warranty on the quality or fitness of goods unless exceptions apply. The exceptions include misrepresentation by the seller, concealment of latent defects, sale by description or sample that does not match, and goods intended for a particular purpose or required to have merchantable quality. While caveat emptor was important historically, its rigors have been mitigated by modern legislation, competition, and consumer awareness. The relevance of caveat emptor has declined and should be replaced by "caveat vendor," or let the seller beware.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India. It outlines the objectives of the act, which are to protect consumer interests and safeguard their rights. It also defines important terms like "consumer", "complaint", and "complainant". It describes the composition and jurisdiction of consumer disputes redressal agencies at the district, state and national levels. It provides examples of consumer complaints filed and redressal orders issued by consumer forums against companies for unfair trade practices and deficiency in services.
Consumer forums were established to address consumer complaints and protect consumer rights through judicial hearings. They consist of district, state, and national consumer forums that handle cases based on the monetary value of goods/services. District forums handle cases up to 20 lakh rupees, state forums up to 1 crore rupees, and national forums over 1 crore rupees. The forums aim to maintain fair business practices and allow consumers to file grievances against businesses within 30 days if unsatisfied with a lower court's ruling.
The document summarizes key aspects of the Consumer Protection Act 1986 in India. It defines terms like consumer, consumer dispute, complainant, defect, services, goods. It describes the redressal agencies established under the Act at district, state and national levels for resolving consumer disputes. These include their jurisdiction, composition, and tenure. It also outlines the procedures for filing complaints and describes penalties and remedies available under the Act.
The document outlines the presentation given by Kalpeshkumar L. Gupta on the Competition Commission of India (CCI). It provides definitions of key terms related to competition law like cartel and discusses provisions of the Competition Act of 2002 regarding anti-competitive agreements, abuse of dominant position, and combinations. It also summarizes the regulatory framework around combinations and filing requirements to notify CCI of proposed mergers, acquisitions and other deals.
The document provides an overview of key concepts in Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as an agreement between two or more persons to share profits from a business carried on by them. The main types of partnerships covered are partnership at will (indefinite term) and particular partnership (fixed term or venture). Rights and duties of partners as well as ways partnerships can be formed, dissolved, or partners can join/retire are also summarized. Key points include unlimited liability of partners, consent needed for new partners/dissolution, and various contingencies like death or insolvency that can dissolve a partnership.
Competition Act 2002, Monopolies and Restrictive Trade Practices Act, 1969, Anti Competitive Agreement, Abuse of Dominant Position, Combination, Competition Commission of India
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
The document contains information about Dr. N.G.P. Arts and Science College including its address and website. It provides definitions of short-term capital gains and long-term capital gains based on the holding period. It also includes examples of calculating capital gains and indexed cost of acquisition or improvement. There are sections on exemptions available under sections 10 and 54 of the Income Tax Act and examples of computing taxable capital gains in different scenarios.
The document discusses consumer protection in India. It defines a consumer, outlines the need for consumer protection, and summarizes key Indian legislation on the topic, including the Consumer Protection Act of 1986. The Act established a three-tier system of consumer disputes redressal agencies at the district, state, and national levels to address consumer complaints. It also outlines consumers' rights and the process for filing a complaint seeking remedies such as replacing defective products.
Case presentation on anti competitive agreementsGaurav Singh
The document summarizes an Indian Competition Commission case regarding alleged anti-competitive practices in the automobile industry. The Commission found that original equipment manufacturers (OEMs) dominate three separate relevant markets: car sales, spare parts sales, and repair/maintenance. It ruled that OEMs' agreements restricting independent suppliers' and dealers' sales of spare parts amounted to abuse of dominance and anti-competitive vertical agreements. The Commission imposed fines and ordered OEMs to allow open spare parts markets and independent repairers access to parts/tools.
Business Law - Sales of Goods Act Case StudiesNeville Chesan
The document discusses four legal cases related to sale of goods and consumer disputes:
1) Ravinder Raj vs Maruti Udyog involved a dispute over payment of increased excise duty on a car. The Supreme Court dismissed the petitioner's claim based on sections of the Sale of Goods Act.
2) JCL International vs Bharat Petroleum concerned fixing the price of LPG cylinders. The court ruled the provisional price could be revised based on the contract and Sale of Goods Act.
3) Ammireddy Oils vs Oriental Insurance involved an insurance claim for goods damaged in a fire. The court awarded partial payment based on the policy terms.
4) C.N.
This document summarizes the rights and duties of bailors and bailees under Indian contract law. It begins by defining bailment and the parties involved - the bailor delivers goods to the bailee. The bailor has rights like taking back goods, claiming damages or lost profits. The bailee has duties to take reasonable care of goods, not use them in an unauthorized manner, and not mix goods with their own without consent. The document outlines several specific rights of bailors and duties of bailees under various sections of Indian contract law. It provides examples to illustrate legal principles regarding bailment.
Presentation on Consumer protection act newsatya pal
The Consumer Protection Act was passed in 1986 to protect consumer interests from unscrupulous business practices. It establishes a three-tier system for resolving consumer disputes - district forums for disputes under 20 lakh rupees, state commissions for 20 lakh to 1 crore disputes, and the national commission for over 1 crore disputes. The act defines key terms like 'consumer' and provides remedies like replacement, refunds, and compensation. Consumer organizations play an important role in educating people about their rights under the act.
The document provides an overview of the Negotiable Instruments Act of 1881. It defines key terms like negotiable instrument and discusses the characteristics of negotiable instruments. It outlines the three main types of negotiable instruments - promissory notes, bills of exchange, and cheques. For each type, it provides examples and discusses their essential elements. It also compares and contrasts promissory notes and bills of exchange, and discusses additional qualifications for cheques. Finally, it covers topics like crossing of cheques and the different types of crossing.
The Competition Commission of India (CCI) is responsible for enforcing competition laws and preventing anti-competitive practices. It was established in 2003 and became fully functional in 2009. The CCI comprises a chairperson and 2-6 members appointed by the central government. Its duties include eliminating anti-competitive practices, promoting competition, protecting consumer interests, and encouraging efficient delivery of goods and services. The CCI has powers to regulate its procedures and seek expert assistance. It establishes benches led by the chairperson or members to handle cases. In a notable case, the CCI imposed a large penalty on the BCCI for unfair practices related to IPL team ownership.
This document defines "deficiency" under the Consumer Protection Act of 1986 as any fault, imperfection, shortcoming or inadequacy in the quality, nature, or manner of performing a service that is either required by law or undertaken as part of a contract or otherwise. It notes deficiencies can arise from services rendered with faults, imperfections, shortcomings or inadequacies in terms of quality, nature or performance. The definition excludes free services or contracts for personal service. Examples of potential deficiencies in airways and banking services are provided.
This document outlines the key provisions of the Consumer Protection Act 1986 in India. It begins with learning outcomes and objectives of understanding consumer rights and protections. It then defines important terms like consumer, goods, services, defects, and deficiencies. It describes the rights of consumers as well as instances of consumer exploitation.
The document discusses the salient features of the CPA 1986, including its applicability across public and private sectors. It establishes a three-tier grievance redressal system at the district, state, and national levels. Finally, it provides details on who can file a complaint and the jurisdiction and appeal process for the District Forum, State Commission, and National Commission.
The document discusses the Consumer Protection Act of 1986 in India, which was enacted to protect consumer interests and establish consumer councils. It covers definitions of key terms, rights of consumers, the structure of consumer dispute resolution bodies at the district, state, and national levels, and penalties for non-compliance. The act applies to goods and services and allows consumers to file complaints regarding defective products, poor services, or unfair trade practices.
Consumer Protection Act 1986 by Adv. Urwi KecheUrwi Keche
Consumer Protection Act 1986
Reasons for Enacting the Act
Consumer Rights
who is consumer
User of Goods with the approval of Buyer
Beneficiary of Services is also a Consumer
Person buying goods for self-employment is Consumer
Livelihood
who is manufacturer
what is service
who is complainant
what is complaint
Consumer Dispute
Defect
Deficiency
Consumer Courts in India
Essential Remedies Available to Consumers under Indian Consumer Protections Act 1986
The document discusses the doctrine of caveat emptor, or "let the buyer beware." It states that under this doctrine, there is no implied warranty on the quality or fitness of goods unless exceptions apply. The exceptions include misrepresentation by the seller, concealment of latent defects, sale by description or sample that does not match, and goods intended for a particular purpose or required to have merchantable quality. While caveat emptor was important historically, its rigors have been mitigated by modern legislation, competition, and consumer awareness. The relevance of caveat emptor has declined and should be replaced by "caveat vendor," or let the seller beware.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India. It outlines the objectives of the act, which are to protect consumer interests and safeguard their rights. It also defines important terms like "consumer", "complaint", and "complainant". It describes the composition and jurisdiction of consumer disputes redressal agencies at the district, state and national levels. It provides examples of consumer complaints filed and redressal orders issued by consumer forums against companies for unfair trade practices and deficiency in services.
Consumer forums were established to address consumer complaints and protect consumer rights through judicial hearings. They consist of district, state, and national consumer forums that handle cases based on the monetary value of goods/services. District forums handle cases up to 20 lakh rupees, state forums up to 1 crore rupees, and national forums over 1 crore rupees. The forums aim to maintain fair business practices and allow consumers to file grievances against businesses within 30 days if unsatisfied with a lower court's ruling.
The document summarizes key aspects of the Consumer Protection Act 1986 in India. It defines terms like consumer, consumer dispute, complainant, defect, services, goods. It describes the redressal agencies established under the Act at district, state and national levels for resolving consumer disputes. These include their jurisdiction, composition, and tenure. It also outlines the procedures for filing complaints and describes penalties and remedies available under the Act.
The document outlines the presentation given by Kalpeshkumar L. Gupta on the Competition Commission of India (CCI). It provides definitions of key terms related to competition law like cartel and discusses provisions of the Competition Act of 2002 regarding anti-competitive agreements, abuse of dominant position, and combinations. It also summarizes the regulatory framework around combinations and filing requirements to notify CCI of proposed mergers, acquisitions and other deals.
The document provides an overview of key concepts in Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as an agreement between two or more persons to share profits from a business carried on by them. The main types of partnerships covered are partnership at will (indefinite term) and particular partnership (fixed term or venture). Rights and duties of partners as well as ways partnerships can be formed, dissolved, or partners can join/retire are also summarized. Key points include unlimited liability of partners, consent needed for new partners/dissolution, and various contingencies like death or insolvency that can dissolve a partnership.
Competition Act 2002, Monopolies and Restrictive Trade Practices Act, 1969, Anti Competitive Agreement, Abuse of Dominant Position, Combination, Competition Commission of India
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
The document contains information about Dr. N.G.P. Arts and Science College including its address and website. It provides definitions of short-term capital gains and long-term capital gains based on the holding period. It also includes examples of calculating capital gains and indexed cost of acquisition or improvement. There are sections on exemptions available under sections 10 and 54 of the Income Tax Act and examples of computing taxable capital gains in different scenarios.
The document discusses consumer protection in India. It defines a consumer, outlines the need for consumer protection, and summarizes key Indian legislation on the topic, including the Consumer Protection Act of 1986. The Act established a three-tier system of consumer disputes redressal agencies at the district, state, and national levels to address consumer complaints. It also outlines consumers' rights and the process for filing a complaint seeking remedies such as replacing defective products.
Case presentation on anti competitive agreementsGaurav Singh
The document summarizes an Indian Competition Commission case regarding alleged anti-competitive practices in the automobile industry. The Commission found that original equipment manufacturers (OEMs) dominate three separate relevant markets: car sales, spare parts sales, and repair/maintenance. It ruled that OEMs' agreements restricting independent suppliers' and dealers' sales of spare parts amounted to abuse of dominance and anti-competitive vertical agreements. The Commission imposed fines and ordered OEMs to allow open spare parts markets and independent repairers access to parts/tools.
Business Law - Sales of Goods Act Case StudiesNeville Chesan
The document discusses four legal cases related to sale of goods and consumer disputes:
1) Ravinder Raj vs Maruti Udyog involved a dispute over payment of increased excise duty on a car. The Supreme Court dismissed the petitioner's claim based on sections of the Sale of Goods Act.
2) JCL International vs Bharat Petroleum concerned fixing the price of LPG cylinders. The court ruled the provisional price could be revised based on the contract and Sale of Goods Act.
3) Ammireddy Oils vs Oriental Insurance involved an insurance claim for goods damaged in a fire. The court awarded partial payment based on the policy terms.
4) C.N.
This document summarizes the rights and duties of bailors and bailees under Indian contract law. It begins by defining bailment and the parties involved - the bailor delivers goods to the bailee. The bailor has rights like taking back goods, claiming damages or lost profits. The bailee has duties to take reasonable care of goods, not use them in an unauthorized manner, and not mix goods with their own without consent. The document outlines several specific rights of bailors and duties of bailees under various sections of Indian contract law. It provides examples to illustrate legal principles regarding bailment.
Presentation on Consumer protection act newsatya pal
The Consumer Protection Act was passed in 1986 to protect consumer interests from unscrupulous business practices. It establishes a three-tier system for resolving consumer disputes - district forums for disputes under 20 lakh rupees, state commissions for 20 lakh to 1 crore disputes, and the national commission for over 1 crore disputes. The act defines key terms like 'consumer' and provides remedies like replacement, refunds, and compensation. Consumer organizations play an important role in educating people about their rights under the act.
The document provides an overview of the Negotiable Instruments Act of 1881. It defines key terms like negotiable instrument and discusses the characteristics of negotiable instruments. It outlines the three main types of negotiable instruments - promissory notes, bills of exchange, and cheques. For each type, it provides examples and discusses their essential elements. It also compares and contrasts promissory notes and bills of exchange, and discusses additional qualifications for cheques. Finally, it covers topics like crossing of cheques and the different types of crossing.
The Competition Commission of India (CCI) is responsible for enforcing competition laws and preventing anti-competitive practices. It was established in 2003 and became fully functional in 2009. The CCI comprises a chairperson and 2-6 members appointed by the central government. Its duties include eliminating anti-competitive practices, promoting competition, protecting consumer interests, and encouraging efficient delivery of goods and services. The CCI has powers to regulate its procedures and seek expert assistance. It establishes benches led by the chairperson or members to handle cases. In a notable case, the CCI imposed a large penalty on the BCCI for unfair practices related to IPL team ownership.
This document defines "deficiency" under the Consumer Protection Act of 1986 as any fault, imperfection, shortcoming or inadequacy in the quality, nature, or manner of performing a service that is either required by law or undertaken as part of a contract or otherwise. It notes deficiencies can arise from services rendered with faults, imperfections, shortcomings or inadequacies in terms of quality, nature or performance. The definition excludes free services or contracts for personal service. Examples of potential deficiencies in airways and banking services are provided.
This document outlines the key provisions of the Consumer Protection Act 1986 in India. It begins with learning outcomes and objectives of understanding consumer rights and protections. It then defines important terms like consumer, goods, services, defects, and deficiencies. It describes the rights of consumers as well as instances of consumer exploitation.
The document discusses the salient features of the CPA 1986, including its applicability across public and private sectors. It establishes a three-tier grievance redressal system at the district, state, and national levels. Finally, it provides details on who can file a complaint and the jurisdiction and appeal process for the District Forum, State Commission, and National Commission.
The document discusses the Consumer Protection Act of 1986 in India, which was enacted to protect consumer interests and establish consumer councils. It covers definitions of key terms, rights of consumers, the structure of consumer dispute resolution bodies at the district, state, and national levels, and penalties for non-compliance. The act applies to goods and services and allows consumers to file complaints regarding defective products, poor services, or unfair trade practices.
Consumer Protection Act 1986 by Adv. Urwi KecheUrwi Keche
Consumer Protection Act 1986
Reasons for Enacting the Act
Consumer Rights
who is consumer
User of Goods with the approval of Buyer
Beneficiary of Services is also a Consumer
Person buying goods for self-employment is Consumer
Livelihood
who is manufacturer
what is service
who is complainant
what is complaint
Consumer Dispute
Defect
Deficiency
Consumer Courts in India
Essential Remedies Available to Consumers under Indian Consumer Protections Act 1986
The document summarizes India's Consumer Protection Act which was enacted in 1986 to give consumers simpler and faster access to justice compared to traditional courts. It established consumer dispute redressal agencies at district, state, and national levels to hear complaints regarding defective goods or deficient services. The summary outlines who qualifies as a consumer, the objectives of the act, how to file a complaint, potential redress such as refunds or replacements, and highlights two cases where companies were found to violate the act.
Consumer protection act, arbitration and conciliationSHIVAMSHARMA1271
PPT on Consumer protection act, arbitration and conciliation.
Consumer Protection Act Is a social welfare legislation which was enacted as a result of widespread consumer protection movement
The Consumer Protection Act 1986 was enacted to better protect the interests of consumers, protect consumer rights, and provide simple, speedy and inexpensive redressal to consumer disputes. The key rights established for consumers include the right to be protected against unfair trade practices, the right to be informed about product quality and pricing, the right to choice and competitive pricing, the right to be heard, and the right to seek redressal. The Act covers all goods and services across private, public and cooperative sectors. It defines key terms and establishes a three-tier quasi-judicial mechanism for consumer dispute redressal at the district, state and national levels.
The document discusses the Consumer Protection Act of 1986 in India, which aims to protect consumer interests through establishing consumer councils at the district, state, and national levels to address consumer grievances. It defines key terms like "consumer" and "consumerism" and outlines the rights of consumers, redressal agencies under the Act, and provisions regarding complaints about defective goods and services.
The Consumer Protection Act, 1986 aims to better protect consumer interests in India. It establishes three-tier quasi-judicial mechanisms - District Forum, State Commission and National Commission - to settle consumer disputes and ensure defective goods/services are rectified. It defines key terms like consumer, goods, services, defects, deficiencies, unfair/restrictive trade practices. Complaints can be filed within 2 years with the appropriate body based on the value of goods/compensation claimed. The Act also constitutes Consumer Protection Councils at district, state and central levels to promote consumer rights and education.
The Consumer Protection Act of 1986 aims to better protect consumer interests in India through establishing consumer councils and dispute resolution authorities. It defines key terms like "consumer", "defect", and "deficiency" and sets up 3 levels of consumer courts - district forums, state commissions, and a national commission - to hear consumer complaints based on the value of goods/services and appeals. The act provides remedies for consumers if complaints are proven and penalties for non-compliance with court orders.
The Consumer Protection Act of 1986 aims to better protect consumer interests in India through establishing consumer councils and dispute resolution authorities. It defines key terms like "consumer", "defect", and "deficiency" and sets up 3 levels of consumer courts - district forums, state commissions, and a national commission - to hear consumer complaints based on the value of goods/services and appeals. The act provides remedies for consumers if complaints are proven and penalties for non-compliance with court orders.
The Central Consumer Protection Council is the apex body for consumer protection in India. It consists of the Minister in charge of Consumer Affairs in the Central Government as its Chairman, along with other official and non-official members as prescribed. Its key functions include advising the Central Government on consumer protection issues and promoting consumer rights through awareness campaigns.
The Consumer Protection Act of 1986 and its subsequent amendments aim to protect consumers from unfair trade practices. The Central Consumer Protection Authority (CCPA) was formed under the Consumer Protection Act of 2019 to promote and enforce consumer rights. The CCPA has powers to investigate businesses, recall unsafe products, impose penalties for violations of law, and handle consumer complaints. To file a complaint, a consumer must submit a written complaint to the appropriate consumer disputes redressal forum along with documents and court fees. Remedies available to consumers include refunds, replacement of goods, compensation, and cessation of unfair trade practices.
This document provides an overview of the key aspects of the Consumer Protection Act of 1986 in India, including what constitutes a complaint, who is considered a consumer, definitions of defects and deficiencies, the consumer dispute redressal process, and some case laws related to the act. The act was passed to better protect consumer interests and established 3 levels of consumer courts - district, state, and national - to allow for speedy resolution of complaints. It defines the rights of consumers and outlines the process and remedies available for complaints related to defective goods, deficient services, or unfair/restrictive trade practices.
The document summarizes the Consumer Protection Act of 1986 in India. The key points are:
1) The Act was introduced to protect consumers from exploitation and promote consumer rights like the right to safety, information, and redressal.
2) It establishes consumer protection councils at the central, state, and district levels to enable consumers to file complaints.
3) The district councils can hear claims up to 20 lakhs rupees, state councils between 20-100 lakhs, and central council above 100 lakhs.
4) Remedies under the Act include replacing defective goods, refunding payments, and stopping unfair trade practices.
The Consumer Protection Act was enacted in 1986 to better protect consumer interests and establish consumer councils and authorities to resolve disputes. A consumer is defined as someone who purchases goods or services. The Act establishes forums at the district, state, and national levels to hear consumer complaints regarding defective goods/services, excess pricing, or hazardous products. Time limits are set for filing complaints. The rights of consumers include protection from hazards and access to quality/competitive goods and services.
The Consumer Protection Act 1986 was enacted to protect the interests of consumers. It defines key terms like consumer, goods, services, complaints, unfair/restrictive trade practices. It establishes consumer dispute redressal agencies at district, state and national levels to provide a mechanism for redressal of consumer complaints. The agencies have powers to pass wide-ranging orders for relief to consumers. Several court cases have helped interpret important issues under the act.
- District forums are consumer dispute redressal agencies established in each district to hear consumer complaint cases involving claims up to Rs. 2 million.
- They are presided over by a district judge and two other members. District forums have the power to order defective goods to be replaced, prices refunded, or hazardous goods withdrawn from sale.
- Decisions of district forums can be appealed to state consumer commissions for claims exceeding district forum jurisdiction.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India. It outlines the objective of providing speedy redressal to consumer disputes. It defines who constitutes a consumer and outlines the various rights of consumers. It also describes the three-tier structure of the redressal agencies consisting of district forums, state commissions and a national commission to hear consumer complaints. Finally, it presents three case studies where the redressal agencies ruled in favor of the consumers.
The Consumer Protection Act was enacted in 1986 to protect consumer interests and establish authorities for resolving disputes. It defines a consumer as someone who purchases goods or services for consideration. It establishes Consumer Dispute Redressal forums at the district, state, and national levels to hear complaints regarding defective goods or deficient services. The forums can order remedies like replacement, repair, refund, or compensation. Complaints must be filed within two years of the cause of action arising.
A consumer purchased seeds that did not germinate. The seller claimed the purchase was for commercial purposes, not covered under the Act. However, purchasing seeds for agriculture is not a commercial purpose.
A person applied for electricity connection but it was not provided. Grievances regarding services like electricity fall under the Consumer Protection Act.
An insurance claim was rejected because the driver did not have a valid license. However, issues regarding insurance policies can be addressed in Consumer Courts.
A person registered for a housing scheme where prices increased multiple times. Grievances against housing boards regarding such schemes are covered by the Consumer Protection Act.
A person can sue military doctors and hospitals for negligence and deficient service
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
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2. CONSUMER PROTECTION ACT,1986
• The consumer protection act extends to the whole of India except
the state of Jammu and Kashmir.
• The act received the President’s assent on 24-12-1986.
• This act apply to all goods and services.
• It covers all sectors whether private, public or co-operative.
• The consumer can initiate action under the act against the
defective goods or deficient services rendered even by the public
sector or government undertakings such as Railways, Telephones,
airlines , banks.
• The government of India has declared 24 December as “ NATIONAL
CONSUMER DAY” as it was on that day that the then President of
India had given his assent to the enactment of this Act.
• Beside this, 15 march is observed as WORLD CONSUMER RIGHTS
DAY.
3. OBJECTIVES OF CPA, 1986
• Better protection of interests of consumers
• Protection of consumer rights
5. WHO IS A CONSUMER? SEC. 2 (1) (D)
Any person who:
• Buys any goods for a consideration which has been paid or
will be paid.
• User of such goods when such use is made with the approval
of such person.
• Hires or avails any service for a consideration which has been
paid or will be paid.
• obtain the services on deferred payment basis i.e. hire
purchase or lease.
• It does not include a person who obtains goods/ services for
resale or any commercial purpose.
6. FOLLOWING PERSONS FALL WITHIN
CATEGORY OF THE TERM ‘CONSUMER’
• Consumer of LPG, immediately when he registers for an
LPG connection
• warranty of free service
• Passengers travelling by a train
• subscribers of telephone
• users of electricity
• Alottee of a flat as a nominee of the government
• User of sewerage system laid by Municipal Corporation
• Parents of an infant patient
7. FOLLOWING PERSONS ARE NOT INCLUDED
WITHIN CATEGORY OF CONSUMER
• A winner of lottery
• Person buying goods either for resale, or for use in a
large scale profit- making activity
8. COMPLAINANT
A complainant means any of the following persons or authorities
who have made the complaint:
• a consumer
• one or more consumers when there are numerous consumers
having same interest
• in case of death of consumer, his legal heir or representative
9. COMPLAINT
A complaint means any allegation made by a complainant, in
writing, to the effect that:
• an unfair trade practice or a restrictive trade practice has been
adopted by any trader or service provider
• the goods purchased by him, or agreed to be purchased by
him suffers from defects in any respect.
• a trader or service provider, as the case may be, has charged
for the goods or services mentioned in the complaint, a price
excess of the price fixed under law or displayed on the goods or
agreed between the parties.
• goods/ services which will be hazardous to life and safety
when used are offered for sale to the public
10. DEFECT
• It means any fault, imperfection or shortcoming in
the quality, quantity, potency, purity or standard
which is required to be maintained under any law for
the time being in force or as claimed by trader in any
manner whatsoever in relation to any goods.
11. Jasbir Singh V. Mahindra Ford India Ltd.
a consumer of Chandigarh purchased a brand new car from a car
dealer Oriental Ford, of Chandigarh . A few days after the
delivery of the car it was discovered that the car was an old
one which had been involved in an accident but had been
repaired and repainted. On the orders of UT Consumer
Disputes Redressal Commission an inspection of the car was
done and it was ascertained that the car actually had met
with a accident. The commission passed an order to refund Rs
7,00181 along with interest of 18% and Rs 5,000 as damages
to the complainant.
12. DEFICIENCY
• It means any fault, imperfection, shortcoming or inadequancy
in the quality, nature and manner of performance of service. In
order to file a complaint against deficiency in service, such
service should necessarily have been rendered for
consideration.
Non-delivery of any article by the courier, which causes some
serious hardship and inconvenience to the consignee is a case
of negligence in performance and deficiency of service by the
courier concerned.
settlement of a claim by a life insurance company after an
undue delay of filing of a claim is held to be a case of high
negligence in performance of service by the life insurance
company.
13. MANUFACTURER: S.2(1) (J)
• “Manufacturer” means a person;
• i. Makes or manufactures any goods or parts thereof; or
• ii. Does not make or manufacture any goods but
assembles parts there from made or manufactured by
others and claims the end product to be goods
manufactured by himself; or
• iii. Puts or causes to be put his own marks on any goods
made or manufactured by any other manufacturer
14. PERSON- SEC- 2(1)(M)
• Includes :
• A firm, registered or not;
• A Hindu undivided family
• A co-operative society;
• Every other association registered as person under
the Societies Registration Act,1860.
15. UNFAIR TRADE PRACTICE
A trade practice which, for the purpose of promoting the sale,
use or supply of any goods or for the provision of any services,
adopt any unfair method or unfair or deceptive practice
including any of the following practice:
Misleading advertisement and false representation
claiming false affiliation or collaboration
non-fulfilling of warranty/ guarantee and non-rendering of
satisfactory after-sale-service and warranty claims.
19. HARDEEP SINGLA
Mr. Hardeep Singla had booked Nimamtran Banquets On 6th April, 2007 for
arranging the marriage of his brother which was to be solemnised on
6th may, 2007. the petitioner paid the required amount of money for
the booking of the hall and to arrange dinner for 600 persons. However
on 22nd april, 2007 the petitioner came to know that the hall is already
booked for the same day for a marriage in the morning. When the
petitioner apprached the owner of the hall, he did not consider his case
and shown his helplessness, whereas petitoner had already printed the
wedding cards and started distribution with the address of Nimantran
Banquets.
Mr. Hardeep had to book some other place for the marriage and
also to cancel the old cards and printed new cards with new address.
Mr. Hardeep filed a suit against Nimantran Banquets for indulging in
UNFAIR TRADE PRACTICES for getting the hall booked but not providing
the hall at promised time. It was decided that Nimantran to pay sum of
Rs 3,20,000 as compensation to the petitioner for indulging in unfair
trade practices.
20.
21.
22. DISTRICT FORUM
• Lowest authority
• Established by state government in each district of the state.
• More than one forum in each district can be established
• The district forum can entertain complaints where the value of
goods services and the compensation, if any, claimed does not
exceed Rs 20 lakhs.
• Every appointment to District Forum shall be made by the State
Government on the recommendations of a selection committee
consisting of the President of the State Commission, the
Secretary-Law Department of the State and the Secretary in
charge of consumer affairs.
• Every member of the District Forum shall hold office for a term of
5 years or up to the age of 65 years which ever is earlier
23. • A member shall be eligible for re-appointment for another term of five
years or up to the age of 65 years, which ever is earlier.
• The salary or honorarium and other allowances payable to and other
terms and conditions of the service of the members of the District
Forum shall be prescribed by the State Government.
• Composition:-
a person who is or who has been or is qualified to be, district Judge
who shall be its President
Two members, one of whom shall be woman, who shall have following
qualifications:
be not less than 35 years of age
possess a bachelor’s degree from recognised university
be a person of ability, integrity and standing and have adequate
knowledge and experience of at least 10 years in dealing with problems
relating to commerce, law, economics, accountancy, public affairs or
administration.
24. • Manner in which complaint shall be made:
1. Any complaint may be filed with a District Forum by:
a. the consumer to whom such goods/ service are sold or delivered or
agreed to be sold or delivered or
b. any recognised consumer association
c. one or more consumers
d. Central or state government
2. Every Complaint shall be accompanied with such amount of fee and
payable in such manner as may be prescribed
3. on receipt of a complaint the District Forum may allow the
complaint to be proceeded with or rejected. A complaint shall not
be rejected unless an opportunity of being heard has been given to
the complainant.
4. Where a Complaint is allowed to be proceeded with, the District
Forum may proceed with the complaint in the manner provided
under this act.
25. • A District Forum shall have the powers
a. To remove the defect pointed out by the appropriate laboratory
from the goods in question
b. To replace the goods with new goods of similar description which
shall be free from any defect
c. To return to the complainant the price, or as the case may be, the
charges paid by the complainant
d. To pay compensation to the consumer for any loss or injury
suffered by the consumer due to the negligence of the opposite
party.
e. not to offer hazardous goods from being offered for sale.
f. To provide for adequate costs to the parties
g. To issue corrective advertisement to neutralize the effect of
misleading advertisement at the cost of opposite party responsible
for issuing such misleading advertisement.
26. • Procedure on admission of complaint
a. On admission of complaint, it shall refer a copy of the complaint to
the opposite party mentioned in the complaint, who shall give his
version of the case within period of 30 days.
b. where the opposite party on receipt of a complaint referred to him
denies or disputes the allegations contained in the complaint, or fails
to take action to represent his case within the time:
1. Reference of sample to laboratory where the complaint alleges a
defect in the goods which cannot be determined without proper
analysis or test of the goods.
2. The laboratory shall report its findings to the district forum within
period of 45 days of the receipt.
3. Before any sample is referred to any laboratory for analysis or test,
the DFmay require the complainant to deposit to the credit of forum
fees for payment to laboratory.
4. On the receipt of report, DF shall forward a copy of report along with
remarks to appropriate laboratory to opposite party.
5. The DF shall give a reasonable opportunity to the complainant as well
as opposite party of being heard as to the correctness and also as to
objection made in relation thereto.
27. • Period:
a. Every complaint shall be heard as soon as possible and shall be
decided within 3 months from the date of receipt notice by opposite
party where the complaint does not require analysis or testing of
commodities and within 5 months, if it requires analysis or testing
b. No adjournment shall be ordinarily granted by the District Forum
unless sufficient cause is shown and reasons for grant of
adjournment have been recorded in writing by the Forum.
28. STATE COMMISSION
• Second highest authority
• established by state government in the state by notification
• Composition- It shall consist of:
1. a person who is or has been Judge of High Court appointed by State
Government in consultation with Chief Justice of High Court who
shall be its president.
2. Two members, one of whom shall be woman, who shall have
following qualifications:
be not less than 35 years of age
possess a bachelor’s degree from recognised university
be a person of ability, integrity and standing and have adequate
knowledge and experience of at least 10 years in dealing with
problems relating to commerce, law, economics, accountancy, public
affairs or administration.
29. • Every appointment shall be made by the state government on the
recommendation of selection committee consisting of following
members:
1. President of state commission as its chairman
2. Secretary of law department of the state as a member
3. Secretary incharge of the Department dealing with consumer affairs
in the State as a member.
• Every member of the state Commission shall hold office for a term
of 5 years or upto the age of 67 years, whichever is earlier.
• A member shall be eligible for re-appointment for another term of
five years or up to the age of 67 years, which ever is earlier.
• It shall have jurisdiction to entertain:
1. It shall have to entertain complaints where the value of the goods or
services and compensation claimed exceeds rupees 20 lakhs but does
not exceed rupees one crore.
2. appeals against orders of any district forum within state; and
30. • Transfer of cases:
On the application of the complainant, the state commission may, at any
stage of the proceeding, transfer any complaint pending before the
District Forum to another District Forum within State if the interest of
Justice so requires.
31. NATIONAL COMMISSION
• National Commission is the highest authority.
• Established by Central Government by notification in official gazette.
• The office of NC shall be located in the Union Territory of Delhi.
• Composition: It shall consists of
a person who is or has been judge of supreme court, to be appointed
by Central Government (in consultation with Chief Justice of India), who
shall be its president;
not less than four, one of whom shall be woman, shall have following
qualifications:
1. be not less than 35 years of age
2. possess a bachelor’s degree from recognised university
3. be a person of ability, integrity and standing and have adequate
knowledge and experience of at least 10 years in dealing with problems
relating to commerce, law, economics, accountancy, public affairs or
administration.
32. • Every appointment shall be made by central government on the
recommendations of a selection committee consisting of the
following:
1. a person who is or has been a judge of supreme court, to be
nominated by Chief Justice of India as its chairman
2. the secretary in the department of legal affairs in the government of
India as its member.
3. Secretary of the department dealing with consumer affairs in the
government of India as its member.
• Every member shall hold the office for a term of five years or up the
age of 70 years, whichever is earlier.
• a member shall be eligible for re-appointment for another term of
five years or up to the age of 70 years., whichever is earlier
• it shall have jurisdiction to entertain the complaints where value of
goods or services and the compensation, if any, claimed exceeds
rupees one crore.
33. • It shall have jurisdiction to
1. entertain the complaints where value of goods or services and the
compensation, if any, claimed exceeds rupees one crore.
2. to entertain appeals against the orders of any state commission
• Finality of orders
• Dismissal of Frivolous or vexatious complaints
34. Case Studies
CASE I
• Chetanprakash vs. MET Institute of computer Science
CASE III
• Dharamdas Pritiani vs. HDFC Ergo General Insurance Company
Ltd.
36. FACTS
• Prakash was in final year of B.Sc when he sought
admission in the institute for MCS
• The institute had stipulated that in order to pursue
the MCS course, student has to clear III year exams
• He deposited the fees before declaration of result
• Seeing that he had failed in exams, he tried to
withdraw the admission and requested for a refund,
to which the institute did not responded
• Finally, he sent a legal notice to the institute, and
then complaint in the consumer forum. lodged a
complaint in the consumer forum.
37. JUDGEMENT
• The institute had to pay the complainant, Chetan
Prakash, Rs 32,000 as compensation for harassment
along with the course fee of Rs.62,200.