The document provides an overview of consumer protection laws in India. It discusses the key aspects of the Consumer Protection Act 1986 such as who qualifies as a consumer, the objectives of the act, and the three-tier quasi-judicial system for consumer dispute redressal at the district, state, and national levels. It also outlines the rights and responsibilities of consumers, common consumer exploitation issues, and ways to raise complaints including appropriate forums and limitation periods. Overall, the document aims to educate readers about consumer rights and the legal framework for protecting consumers in India.

1. By : -
Anshu Sindhu
Ashish Sampat
Clive Andrades
Diksha Singh
Meher Shaik
Naveen Srivastava
Raghavendra Kumar Verma

2. Topics to be covered
 Consumer definition
 Consumer protection act 1986
 Redressal commission
 District forum, State and national
commission
 Lodging a complaint
 Remedies and consumer awareness
 Who can file and how to file a complaint
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3. Who is a consumer?
 Any person who buys any commodity or service or
is a user of such commodity or service is known as
consumer.
 Any person must satisfy two conditions to claim
himself as a consumer :-
1) The service must have been rendered to him
2)He must have paid or promised to pay for the
same.
 If any person buy capital goods to provide services
to other individuals, then he is also recognised as
consumer.
3

4. Who is not a consumer?
 If any person buys a commodity with an
intention to resale
 A person who obtains services without
consideration
 A person who obtains services for
commercial purpose
 Applications for jobs
 Persons who filed suits in courts
4

6. Factors Leading To Consumer
Exploitation
 Deceptive and misleading techniques
 False warranties or guarantees
 Non Availability of goods
 Adulteration
 Hoarding
 Black marketing
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7. Consumer Protection Act,1986
 The Consumer Protection Act, 1986 is a
benevolent social legislation.
 The first and the only Act of its kind in
India, it has enabled ordinary consumers to
secure less expensive and often speedy
redressal of their grievances.
 Act applies to whole of India except Jammu
and Kashmir.
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8. Consumer Protection Act,1986
 By spelling out the rights and remedies of
the consumers in a market so far dominated
by organized manufacturers and traders of
goods and providers of various types of
services, the Act makes buyer beware a
thing of the past.
 The act was amended in 2002 and the
amendments came into force w.e.f. 15th
March 2003.
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9. Salient features of the act
 The act applies to all goods and services
unless specially exempted by union
government.
 It covers all sectors public, private or
cooperative.
 It provides consumer rights- to choose, to be
heard, to be informed, to safety, education,
and redressal
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10.  Provisions of the act are compensatory in
nature.
 It empowers consumers seeking
discontinuance of trader’s malpractices,
defective goods, services deficiencies or
withdrawal of hazardous goods from the
market.
Salient features of the act
10

11. Objectives of the act
 Provides for promotion and protection of
the rights of the consumers
 Provide remedies for deceived consumers
 Better protection against exploitation
 Make provisions for the establishment of
consumer councils and other authorities for
the settlement of consumer disputes and for
the matters connected with it.
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12. 12

13. 13

14. Responsibilities of consumer
Advertisements often exaggerate
Filing complaint for
redressal
Quality
conscious
Insist on
cash memo
Cautious
consumer
Must
exercise his
rights
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15. Quality marks
 AGMARK
 FPO
 ISI
 BIS
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16. Ways and means of
consumer protection
 Redressal forums and consumer protection
councils
 Environmentally friendly products
 National youth award on consumer
protection
 Consumer welfare fund
 Publicity measures
 Lok Adalats 16

17. Redressal mechanism
 The Central Council is headed by Minister,
In-charge of the Department of Consumer
Affairs in the Central Government and the
State Councils by the Minister In-charge of
the Consumer Affairs in the State
Governments
 At present, there are 629 District Forums
and 35 State Commissions with the National
Consumer Disputes Redressal Commission
(NCDRC) at the apex 17

18.  The act envisages a three –tier quasi judicial
machinery at the national state and district level.
 District Consumer Disputes Redressal Forums –
District Forum(< Rs. 20 Lacks)
 State Consumer Disputes Redressal commission –
State commission (>= Rs. 20 Lacks < Rs. 1 crore )
 National Consumer Disputes Redressal
commission – National commission (exceeding 1
crore )
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19. District forum
 It shall have jurisdiction to entertain
complaints where the value of the goods or
services and the compensation, if any,
claimed does not exceed Rs. 20 Lakhs
(section 11)
 It shall consist of a person who is or has been
or is qualified to be a district judge as its
president, 2 other members one of whom
shall be a women possessing a bachelors
degree from a recognized university 19

20. District forum
 Be a person of ability, integrity and standing
and have adequate knowledge and
experience.
 Every member of the district forum shall
hold office for a term of 5 years or upto the
age of 65 years whichever is earlier.
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21. Power of civil court to
district forum
 The district forum shall have the powers of
civil court while trying a suit in respect of
the following matters
 The summoning and enforcing attendance
of any defendant or witness and examining
the witness on oath
 The reception of evidence on affidavit
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22.  Any other matter which may be prescribed
 The requisition of the report of concerned
analysis or test from the appropriate
laboratory of from any other relevant
resource
 The discovery and production of any
document or other material object
producible as evidence
Power of civil court to
district forum
22

23. State commission
 It shall have jurisdiction to entertain
complaints where the value of the goods or
services and the compensation, if any,
claimed exceed Rs. 20 Lakhs but less than 1
crore (section 17 )
 It shall consist of a person who is or has
been or is qualified to be a high court judge
as its president
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24.  2 other members one of whom shall be a
women possessing a bachelors degree from
a recognized university
 Be a person of ability, integrity and standing
and have adequate knowledge and
experience.
 Every member of the state forum shall hold
office for a term of 5 years or upto the age of
67 years whichever is earlier
State commission
24

25. National commission
 The National Commission was constituted
in the year 1988. It is headed by a sitting or
retired Judge of the Supreme Court of
India.
 It is presently headed by hon’ble Mr. Justice
Ashok Bhan, former Judge of the Supreme
Court of India as President and has ten
Members
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26.  The National Commission has been
conferred with the powers of administrative
control over all the State Commissions by
calling for periodical returns regarding the
institution, disposal and pendency of cases.
 It shall have jurisdiction to entertain
complaints where the value of the goods or
services and the compensation, if any,
claimed exceed Rs. 1 crore (section 21 )
 It shall consist of a person who is or has
been or is qualified to be a supreme court
appointed by central government. 26

27.  Not less than 4 number of members and
atleast 1 of them shall be a women, who shall
have qualifications, namely :
1)Not less than 35 years of age
2)Possessing a bachelors degree from a
recognized university
3)Be a person of ability, integrity and standing
and have adequate knowledge and experience.
4)Every member of the district forum shall
hold office for a term of 5 years or upto the
age of 70 years whichever is earlier. 27

28. Power of national commission
 Adoption of uniform procedure in the
hearing of the matters
 Prior service of copies of documents
produced by one party to the opposite
parties
 Speedy grant of copies of documents, and
 Generally over-seeing the functioning of the
State Commissions and the District Forums
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29. 29
Procedures to be followed by the
Parties to Complain
 A complaint may be made w.r.t. to goods or
services.
 Categorization is done (goods or services).
 Whether laboratory-test is required or not.
 Whether laboratory test is not required or
complaint relates to services.

30. 30
 When a lab-test is required –
 Copies of complaint including supporting documents
and compensation demanded must be submitted.
 After such complaint receipt, District Forum refers to
opposite party to put in front their point.
 Time limit of 30 days (can be extended to 45 days) is
given to put their perspective.
Procedures to be followed by the
Parties to Complain

31. Lodging a complaint in
national commission
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 Complaint containing particulars can be submitted in-
person, or by his agent, or by registered post addressed to
National Commission.
 On the date of hearing, it is obligatory on the parties or their
agents to appear before National Commission.
 Complaint shall be decided within 3-5months from the date
of notice received by opposite party.
 After the proceedings, the National Forum shall issue the
orders accordingly.

32. Who can file a complaint?
 A consumer or Any voluntary consumer
association registered under the companies act
1956 or under any other law for the time being in
force or
 The central government or any state government
or
 One or more consumers, where there are
numerous consumers having the same interest or,
 In case of death of a consumer, his legal heir or
representative.
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33. How to file a complaint?
On plain paper, contents of a complaint:-
 The name, description and the address of the
complainant and of the opposite party/parties
 The facts relating to complaint and when and
where it arose
 Documents in support of the allegations contained
in the complaint
 The relief, which the complainant claims
 The complaint should be signed by the
complainants or his authorized agent
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34.  A complaint can be filed in person, through
agent/lawyer, or by registered post.
 Nominal court fees
Serial
No.
Value of goods or services and the
compensation claimed
Amount of
fee payable
1
Upto Rs. 1 Lakh Rs. 100
2
Greater than or equal to Rs. 1 Lakh,
But less than Rs. 5 Lakhs
Rs. 200
3
Greater than or equal to Rs. 5 Lakhs,
But less than Rs. 10 Lakhs
Rs. 400
4 Greater than or equal to Rs. 10 Lakhs,
But less than Rs. 20 Lakhs Rs. 500
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35. Limitation period for
complaints/appeals
 The consumer case has to be filed within 2
years of the date of cause of action
 Delay in filing appeal may be condoned if
there is sufficient cause
 If an appeal is made after the specific
period, then the forum shall record in
writing reasons for the delay
 Revision petition - 90 days
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36. Remedies Under Consumer
Protection Act
 To replace the goods
 Loss of injury of consumer
 To remove the defects in the product
 To return to the complainant the price paid by the
complainant
 To remove the defects or deficiencies in the
services in question
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37. Remedies Under Consumer
Protection Act
 To discontinue the unfair trade practices
 or restrictive trade practices
 Not to offer the hazardous goods for sale
 To cease from manufacturing to hazardous goods
 Issue of corrective advertisement
37

38. Applicability of Consumer
Protection Act to Banking Sector
 Customer of a bank who has a bank account with
the bank or a person who purchases a bank draft,
hires locker facility or obtains bank guarantee from
a bank are all “consumers” and can prefer
complaints under the Act for “deficiency in
service” on the part of the bank or for “restrictive
trade practice” or “unfair trade practice”
 In Vimal Chandra Grover vs. Bank of India (SC
2000) 38

39. Jago Grahak jago campaign
 The government has been implementing this
innovative and intensive multimedia campaign to
create consumer awareness in the country
 Realising the need for empowering consumers, the
government has approved a scheme of Rs 409
crore during the 11th five-year Plan on the
awareness campaign
 It aimed at helping the emergence of consumers
who irrespective of age, socio-economic class or
gender
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41. Consumer awareness
 The government celebrates December 24 -
"National Consumer Rights Day “
 Online- website and social networking sites
 University- e.g. delhi university
 TV and FM radio
 Poster and banners at public places
 Newspaer and magazines
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43. Suggestions or Opinions
 Purchase products only after their complete
scrutiny
 Check on weighing and measuring instruments
 Avoid buying fruits and vegetables from unhygienic
place
 Check print of MRP and quantity on the product
 Check the expiry date of the product, particularly
that of the eatables and medicines
 Always collect bill at the time of purchase
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44. Reference
 ncdrc.nic.in
 www.indiakanoon.org
 www.legalserviceindia.com
 www.nationalconsumerhelpline.in
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46. Any Questions?
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