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A WARM WELCOME
to a
PRESENTATION
ON
OBJECTIVES OF ACT
 TO PROTECT THE CONSUMER AGAINST
UNFAIR TRADE PRACTICES OF
SELLERS / PRODUCERS
 TO PROTECT CONSUMERS FROM BEING
EXPLOITED BY SELLERS
 TO EDUCATE CONSUMERS ABOUT
THEIR RIGHTS, RESPONSIBILITIES
AND REMEDIES AVAILABLE.
 TO ESTABLISH CONSUMER
COUNCILS & OTHER AUTHORITIES
FOR THE SETTLEMENT OF
CONSUMERS' DISPUTES
Meaning of Consumer
 Definition:
Any person who::
1. Buys a good/ hires a service for a
consideration ( except for
commercial use /resale)
2. Uses the good / service with approval
of original buyer / person who hires
service respectively
3. Uses the good for earning livelihood
( self employment)
Who can file a Complaint
Any of the following persons ::
1. Consumer
2. Registered Consumer
Association
3. A group of interested consumers
4. Central Government
5. State Government
6. In case of death of a consumer –
His legal heir
Conditions for filing a Complaint
 A person can file a complaint if faced with any
of the following Grievances ::
1. Victim of Unfair (faulty) / Restrictive
(conditional) trade Practice
2. Sold Defective goods or Goods different from
those ordered
3. Deficiency (Short coming/imperfection) of
service
4. Overcharged in excess of the regular price
5. Sold/ supplied with hazardous goods without
proper information
AGAINST WHOM A COMPLAINT CAN BE
FILED
REASON PARTY TO CASE
DEFECTIVE GOODS SELLER /
MANUFACTURER
DEFICIENCY OF SERVICE SERVICE PROVIDER
SUPPLY OF HAZARDOUS
GOODS
SELLER /TRANSPORTER
UNFAIR /RESTRICTIVE
TRADE PRACTICE
TRADER /
MANUFACTURER/
SELLER/ANY PERSON
INDULGING IN SUCH
PRACTICE
EXCESSIVE PRICING SELLER /SERVICE
PROVIDER
WHERE CAN A COMPLAINT BE FILED
A complaint, under the CPA can be filed before
the following 3 tier judicial authorities, subject
to conditions
For grievances
amounting to more thanRs 1 crore
For grievances amounting more than
Rs20 lakhs upto Rs 1 crore
For grievances amounting to max.Rs 20
lakhs.
APPEAL
APPEAL
APPEAL
TO HC/S C
Purpose for filing a complaint
 REMOVAL OF DEFECT
 REPLACEMENT OF GOODS
 REFUND OF PRICE PAID
 COMPENSATION FOR LOSS (physical
/others) –due to negligence/defective goods
 REMOVAL OF DEFICIENCY IN
SERVICE
 TO DISCONTINUE UNFAIR/
RESTRICTIVE TRADE PRACTICE
 STOP SALE OF HAZADOROUS
GOODS
 FOR PAYMENT OF COSTS
PRESCRIBED FEE TO BE PAID WHILE
FILING COMPLAINT
Pecuniary value of dispute Amount of fee (In Rs)
Upto Rs 1 lakh 100
Between Rs 1 to 5 Lakh 200
Between Rs 5 to 10 Lakh 400
Between Rs 10 to 20 Lakh 500
Between Rs 20 to 50 Lakh 2000
Between Rs 50 lakh to 1 crore 4000
PROCEDURE FOR FILING COMPLAINT
Approach the concerned accused party
(seller/service provider)
PROBLEM RESOLVED
NO DISPUTE-HAPPY
ENDING
PROBLEM NOT RESOLVED
FILE A COMPLAINT BEFORE THE APPROPRIATE
AUTHORITY (CONSUMER FORUM ) WITH FEE
depending on the jurisdiction and pecuniary value
BY SMS BY
PHONE
BY consumer
helpline website
In a written
sworn
affidavit
Note: There should exist a consumer dispute, which
means the person against whom a complaint has been
made, denies or disputes the allegations contained in the
complaint
MODES OF FILING A COMPLAINT
A COMPLAINT CAN BE FILED IN THE
APPROPRIATE CONSUMER FORUM THROUGH
ANY ONE OF THE FOLLOWING MODES:
1. THROUGH A SWORN WRITTEN AFFIDAVIT
SUBMITTED EITHER THROUGH POST OR IN
PERSON (In TRIPLICATE) with supporting documents
2. THROUGH PHONE (On No) : 1800 114000
3. THROUGH SMS (On No) : 8130009809
4. THROUGH WEBSITE :
HTTP:// WWW.CONSUMERHELPLINE.GOV.IN
A) Sign up – fill the general information details
B) login using link sent to registered e-mail id.
C) Fill grievance registration form choosing option
:COMPLAINT & fill in the details of grievance.
 1 AFTER THE COMPLAINT IS ADMITTED A NOTICE
IS SENT TO THE OTHER PARTY, SEEKING ITS
VERSION OF THE CONSUMER DISPUTE.
 2. IF THERE IS A NEED FOR ANY TECHNICAL
ANALYSIS TO BE PERFORMED ON THE GOODS,
THEN A SAMPLE IS DRAWN & SENT FOR
ANALYSIS.
 3. ARGUMENTS TAKE PLACE ON THE ISSUE
 4. ON THE BASIS OF ARGUMENTS AND TECHNICAL
ANALYSIS REPORT, AN ORDER/ DIRECTIVE IS
PASSED BY THE AUTHORITY, WHICH IS BINDING.
 5. IF ANY PARTY IS NOT SATISFIED WITH THE
ORDER, AN APPEAL CAN BE FILED AT THE NEXT
LEVEL WITHIN 30 DAYS.
PROCEDURE FOR DISPOSAL OF
COMPLAINT
 1. RIGHT TO SAFETY: (Against spurious /
hazardous/ sub standard goods)
 2. RIGHT TO BE INFORMED: (Consumer should be
provided with all information based on which he can
make a purchase decision)
 3. RIGHT TO CHOOSE: ( Choice from amongst
different brands)
 4. RIGHT TO BE HEARD: (Can complain against any
thing prejudicial to his interest & complaint should be
entertained by the company/ trader/ seller/ service
provider.)
 5. RIGHT TO REDRESSAL: (Provide for
compensation in case of loss/ injury)
 6. RIGHT TO CONSUMER EDUCATION:
(Educating consumers about their rights)
RIGHTS OF A CONSUMER (Sec.6)
 1. Consumer must be aware of & exercise his rights
 2. Consumers should be cautious while buying & not
buy blindly
 3. Genuine Complaints for redressal of grievances
should be filed in time
 4. Consumers should be quality conscious ( buy goods
which carry quality symbols)
 5. Beware & not fall a prey to false and exaggerated
advertisements
 6. Should not buy in a hurry (Think twice before
buying)
 7. Should always ask for a receipt for the purchase made
 8. Should ensure that the Guarantee & Warranty cards
are duly signed by seller
RESPONSIBILITIES OF A CONSUMER
THANK YOU
Mr. Abhishikth Sandeep Abraham

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Consumer protection Act

  • 1. A WARM WELCOME to a PRESENTATION ON
  • 2.
  • 3. OBJECTIVES OF ACT  TO PROTECT THE CONSUMER AGAINST UNFAIR TRADE PRACTICES OF SELLERS / PRODUCERS  TO PROTECT CONSUMERS FROM BEING EXPLOITED BY SELLERS  TO EDUCATE CONSUMERS ABOUT THEIR RIGHTS, RESPONSIBILITIES AND REMEDIES AVAILABLE.  TO ESTABLISH CONSUMER COUNCILS & OTHER AUTHORITIES FOR THE SETTLEMENT OF CONSUMERS' DISPUTES
  • 4.
  • 5.
  • 6. Meaning of Consumer  Definition: Any person who:: 1. Buys a good/ hires a service for a consideration ( except for commercial use /resale) 2. Uses the good / service with approval of original buyer / person who hires service respectively 3. Uses the good for earning livelihood ( self employment)
  • 7. Who can file a Complaint Any of the following persons :: 1. Consumer 2. Registered Consumer Association 3. A group of interested consumers 4. Central Government 5. State Government 6. In case of death of a consumer – His legal heir
  • 8. Conditions for filing a Complaint  A person can file a complaint if faced with any of the following Grievances :: 1. Victim of Unfair (faulty) / Restrictive (conditional) trade Practice 2. Sold Defective goods or Goods different from those ordered 3. Deficiency (Short coming/imperfection) of service 4. Overcharged in excess of the regular price 5. Sold/ supplied with hazardous goods without proper information
  • 9. AGAINST WHOM A COMPLAINT CAN BE FILED REASON PARTY TO CASE DEFECTIVE GOODS SELLER / MANUFACTURER DEFICIENCY OF SERVICE SERVICE PROVIDER SUPPLY OF HAZARDOUS GOODS SELLER /TRANSPORTER UNFAIR /RESTRICTIVE TRADE PRACTICE TRADER / MANUFACTURER/ SELLER/ANY PERSON INDULGING IN SUCH PRACTICE EXCESSIVE PRICING SELLER /SERVICE PROVIDER
  • 10. WHERE CAN A COMPLAINT BE FILED A complaint, under the CPA can be filed before the following 3 tier judicial authorities, subject to conditions For grievances amounting to more thanRs 1 crore For grievances amounting more than Rs20 lakhs upto Rs 1 crore For grievances amounting to max.Rs 20 lakhs. APPEAL APPEAL APPEAL TO HC/S C
  • 11. Purpose for filing a complaint  REMOVAL OF DEFECT  REPLACEMENT OF GOODS  REFUND OF PRICE PAID  COMPENSATION FOR LOSS (physical /others) –due to negligence/defective goods  REMOVAL OF DEFICIENCY IN SERVICE  TO DISCONTINUE UNFAIR/ RESTRICTIVE TRADE PRACTICE  STOP SALE OF HAZADOROUS GOODS  FOR PAYMENT OF COSTS
  • 12. PRESCRIBED FEE TO BE PAID WHILE FILING COMPLAINT Pecuniary value of dispute Amount of fee (In Rs) Upto Rs 1 lakh 100 Between Rs 1 to 5 Lakh 200 Between Rs 5 to 10 Lakh 400 Between Rs 10 to 20 Lakh 500 Between Rs 20 to 50 Lakh 2000 Between Rs 50 lakh to 1 crore 4000
  • 13. PROCEDURE FOR FILING COMPLAINT Approach the concerned accused party (seller/service provider) PROBLEM RESOLVED NO DISPUTE-HAPPY ENDING PROBLEM NOT RESOLVED FILE A COMPLAINT BEFORE THE APPROPRIATE AUTHORITY (CONSUMER FORUM ) WITH FEE depending on the jurisdiction and pecuniary value BY SMS BY PHONE BY consumer helpline website In a written sworn affidavit Note: There should exist a consumer dispute, which means the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint
  • 14. MODES OF FILING A COMPLAINT A COMPLAINT CAN BE FILED IN THE APPROPRIATE CONSUMER FORUM THROUGH ANY ONE OF THE FOLLOWING MODES: 1. THROUGH A SWORN WRITTEN AFFIDAVIT SUBMITTED EITHER THROUGH POST OR IN PERSON (In TRIPLICATE) with supporting documents 2. THROUGH PHONE (On No) : 1800 114000 3. THROUGH SMS (On No) : 8130009809 4. THROUGH WEBSITE : HTTP:// WWW.CONSUMERHELPLINE.GOV.IN A) Sign up – fill the general information details B) login using link sent to registered e-mail id. C) Fill grievance registration form choosing option :COMPLAINT & fill in the details of grievance.
  • 15.  1 AFTER THE COMPLAINT IS ADMITTED A NOTICE IS SENT TO THE OTHER PARTY, SEEKING ITS VERSION OF THE CONSUMER DISPUTE.  2. IF THERE IS A NEED FOR ANY TECHNICAL ANALYSIS TO BE PERFORMED ON THE GOODS, THEN A SAMPLE IS DRAWN & SENT FOR ANALYSIS.  3. ARGUMENTS TAKE PLACE ON THE ISSUE  4. ON THE BASIS OF ARGUMENTS AND TECHNICAL ANALYSIS REPORT, AN ORDER/ DIRECTIVE IS PASSED BY THE AUTHORITY, WHICH IS BINDING.  5. IF ANY PARTY IS NOT SATISFIED WITH THE ORDER, AN APPEAL CAN BE FILED AT THE NEXT LEVEL WITHIN 30 DAYS. PROCEDURE FOR DISPOSAL OF COMPLAINT
  • 16.  1. RIGHT TO SAFETY: (Against spurious / hazardous/ sub standard goods)  2. RIGHT TO BE INFORMED: (Consumer should be provided with all information based on which he can make a purchase decision)  3. RIGHT TO CHOOSE: ( Choice from amongst different brands)  4. RIGHT TO BE HEARD: (Can complain against any thing prejudicial to his interest & complaint should be entertained by the company/ trader/ seller/ service provider.)  5. RIGHT TO REDRESSAL: (Provide for compensation in case of loss/ injury)  6. RIGHT TO CONSUMER EDUCATION: (Educating consumers about their rights) RIGHTS OF A CONSUMER (Sec.6)
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  • 18.  1. Consumer must be aware of & exercise his rights  2. Consumers should be cautious while buying & not buy blindly  3. Genuine Complaints for redressal of grievances should be filed in time  4. Consumers should be quality conscious ( buy goods which carry quality symbols)  5. Beware & not fall a prey to false and exaggerated advertisements  6. Should not buy in a hurry (Think twice before buying)  7. Should always ask for a receipt for the purchase made  8. Should ensure that the Guarantee & Warranty cards are duly signed by seller RESPONSIBILITIES OF A CONSUMER
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  • 20. THANK YOU Mr. Abhishikth Sandeep Abraham