The document discusses the Consumer Protection Act of 1986. It was enacted to better protect consumer interests across India except Jammu and Kashmir. The key points are:
- It established 3 levels of consumer dispute redressal forums - district, state and national levels
- It defines unfair trade practices and restrictive trade practices. It also discusses consumer rights and duties.
- The forums provide speedy resolution of disputes and remedies like replacement, refunds or compensation for defective goods or services.
Casa Tradicion v. Casa Azul Spirits (S.D. Tex. 2024)
Consumer protection act-1986
1.
2. Enacted to provide for the better protection of the
interest of consumer.
Act applies to whole of India except Jammu and
Kashmir.
The act was amended in 2002 and the amendments
came into force i.e.. 15th March 2003.
3.
4. Two kinds of consumer under the Act
Consumer of goods
buys or agrees to buy goods
any user of such goods
Consumer of services
hires or avails any services
any beneficiary of such service
5. Better protection of interest of consumer.
Protection of rights of consumers.
To settle the consumer disputes.
To make provision for the establishment of consumer
council.
6. Unfair trade practice
Restrictive trade practice
Defects
Deficiencies
7. UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use
or supply of goods or services e.g. misleading
advertisement
Misleading public about price (e.g. bargain price when it is
not so).
Charging above MRP printed.
8. Misleading public about another’s goods or
services.
Falsely claiming a sponsorship, approval or
affiliation.
Offering misleading warranty or guarantee.
9. RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint re:
delivery/flow of supplies to impose
unjustified costs/restrictions on consumers.
Collusive tendering; market fixing
territorially among competing suppliers,
depriving consumers of free choice, fair
competition.
10. Supplying only to particular distributors or on
condition of sale only within a territory.
Delaying in supplying goods/services leading to
rise in price.
Requiring a consumer to buy/hire any goods or
services as a pre-condition for buying/hiring
other goods or services.
11. • Fault
• Imperfection
• Shortcoming
In the
• Quality
• Quantity
• Purity Or
• Standards
Which is required to be maintained by or under any law for the
time being in force
12. • Fault
• Imperfection
• Shortcoming
In the
Quality
Standard and
Manner of performance
Which is required to be maintained by or under any law for the time
being in force
13.
14. Right to safety against hazardous goods and services.
Right to be informed about quality, quantity, purity,
standard, price.
Right to choose from a variety at competitive prices
15. Right to be heard
Right to seek redressal
Right to consumer education
Right to Healthy Environment
16. Consumer should not make vague or general
complaints and should also have supporting
information and proof such as a bill.
Consumer should try to understand the viewpoint of
the seller.
Consumers in asserting their rights should not
inconvenience or hurt other sections of the public ie
resort to rasta roko movements, bandh etc.
Consumers should complain against a system and
not attack individuals.
17.
18.
19. Complaints can be filed by any consumer,
"consumer" means any person who-
(i) buys any goods for a consideration which
has been paid or promised or partly paid and
partly promised,hires or avails of any services
for a consideration which has been paid or
promised or partly paid and partly promised
20. (m) "person" includes,-
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons
whether registered under the Societies Registration
Act, 1860 (21 of 1860) or not;
21. What is the stamp duty required
No stamp or court fee is needed.
But only a nominal fee .
22. › Name and full address of complainant
› Name and full address of opposite party
› Description of goods and services
› Quality and quantity
› Price
› Date & proof of purchase
› Nature of deception
› Type of redressal prayed for
23.
24. Consumerism is a movement directed to protect
the consumer and ensure that the consumer gets
the best return in exchange for the money he
spends.
Consumerism is the reaction of consumer
against unfair trade practices carried out
by the marketers.
25.
26. Lengthy and tedious process
Inactive nature of Indian consumer
Poverty, illiteracy, lack of information
Shortage of good & services
Poor and inefficient roe of pubic sector.
Failure of govt. to implement law lack of business
ethic
27.
28.
29. Some of the problems faced by Indian consumers are:
Short supply of items of essential needs.
Lack of effective or workable competition.
Unfamiliarity of product features results in sale of
substandard, inferior or even defective goods .
Due to low literacy levels and unsatisfactory information
flows, Indian consumers are not conscious of their rights.
Consumerism in India is not organized and developed.
Laws to safeguard interests of consumers are not
effectively implemented.
30.
31. 1) A Consumer Dispute Redressal Forum at the
District level.
1) A Consumer Dispute Redressal Commission at the
State level.
1) A National Consumer Dispute Redressal
Commission at national level.
32. 1. A Consumer Disputes Redressal Forum to be known
as the "District Forum". This is to be established by the
state government in each district of the state by means
of a notification.
2. A Consumer Disputes Redressal Commission to be
known as the "State Commission". This has also to
be established by the state government in the state by
means of a notification.
3. A National Consumer Disputes Redressal
Commission to be established by the Central
government by means of a notification.
33. The Act thus envisages a hierarchy of three
redressal forums:
1) District Forum
2) State Forum
3) National Forum
34. A District Forum deals with cases where the value of claim is up to Rs.
20 lakhs.
A consumer dispute redressal forum to be known as district forum
,established by the state government.
Members:~
District judge - President
Two other members – one of whom shall be woman
Appeal – 30 days
35. Cases having a claim exceeding rupees 20 lacks but
up to the limit of Rs. 1 core can go to the State
Commission.
Members :~
Judge of high court – president
Two other members
36. National Commission is the highest level of
consumer forums. It may entertain all matters where
the value of claim exceeds Rs. 1 core. The territorial
jurisdiction of the National Commission is whole of
India except the state of Jammu & Kashmir.
37.
38. It is established by the central government
which consists of the following member.
The minister of consumer affairs chairman and
Such number of other official or non official
members representing such interests as may be
prescribed.
39. It is established by the State Government which
consists of the following members:
The Minister in charge of consumer affairs in the
State Government – Chairman.
Such number of other official or non-official
members representing such interests as may be
prescribed by the State Government.
40. such number of other official or non-official
members, not exceeding ten, as may be
nominated by the Central Government.
The State Council is required to meet as and
when necessary but not less than two meetings
every year.
41. Where a trader or a person against whom a
complaint is made (or the complainant) fails or omits
to comply with any order made by the District
Forum, the State Commission or the National
Commission, such trader or person (or complainant)
shall be punishable with imprisonment for a term
which shall not be less than one month but which
may extend to three years or with fine which shall
not be less than two thousand rupees but which may
extend to ten thousand rupees, or with both.
42. Benefit
Disposal within 90 days
No adjournment shall ordinarily be granted - Speedy trial
Relief
Removal of defects in goods or deficiency in services.
Replacement of defective goods.
Refund against defective goods or deficient services.
Compensation.
Prohibition on sale of hazardous goods.
43. Consumers now feel that they are in a
position to declare “sellers be aware”,
Where as previously it was
“ buyers be aware.”