consumer protection law [Autosaved].pptx

University School Of Management
Kurukshetra University Kurukshetra
Subject – Legal
Environment
Submitted To –
Dr. MEENAKSHI
Submitted By –
PRINCE
Roll no. – 25
AJAY SINGH
Roll no. – 93
MBA PREVIOUS
SECTION - A

Consumer
Protection Act
Presenting…

TABLE OF CONTENTS
Introduction
01
How to file a complaint
04
Meaning of certain terms
expressed under the Act
02
Trend of Consumer
Protection Act
05
03
Who can file a
complaint
06
Quiz

INTRODUCTION
• The Consumer Protection Act is a law
that aims to protect the rights of
consumers.
• It provides safety to consumers regarding
defective products, dissatisfactory
services, and unfair trade practices.
• The act regulates the marketing of goods
and services to consumers, as well as
the relationships, transactions and
agreements between the consumers and
the producers, suppliers, distributors,
importers, retailers, service providers and
intermediaries of those goods and
services.
• The act also establishes authorities for
timely and effective administration and
Consumer
Protection

OBJECT OF THE ACT
Let the beware is a traditional concept which is no longer acceptable in open and competitive
environment.
In India, we have the following acts which are some extent protect consumer interests:-
 The Indian Contract Act(1872)
 The Sale Of Goods Act(1930)
 The Dangerous Drugs Act(1940)
 The Agriculture Produce (Grading And Marketing) Act(1937)
 The Indian Standards Institution (Certification Marks) Act
 The Prevention Of Food Adulteration Act
 The Standards Of Weights And Measures Act
 Trade And Merchandise Marks Act

Trend of consumer act
Pre 1950
1950-1986
1986-2019
2019-Present

Rights Of Consumer
 The right to be protected against the marketing of the goods and
services which are hazardous to life and property.
 The right to be informed about the quality, quantity, potency, purity,
standard and the price of goods or services so as to protect the
consumer against unfair trade practices.
 The right to be assured wherever possible the access to a variety of
goods and services at competitive prices.
 The right to be heard and to be assured that the consumers’ interests
will receive due consideration at appropriate forums.
 The right to seek redressal against unfair trade practices and
unscrupulous exploitation of the consumers.
 The right to consumer education

Certain Terms Expressed Under The Act
• Appropriate laboratory
• Complainant
• Complaint
• Consumer
• Service
• Goods
• Consumer dispute
• Restrictive trade practice
• Unfair trade practice
• Defect
• Deficiency
• Spurious goods and services

Appropriate Laboratory
An appropriate laboratory means a laboratory or organization recognized by the
Central Government or by a State Government or any such laboratory or
organization, established by or under any law for the time being in force which is
maintained, financed or aided by the Central Government or a State Government for
carrying out the analysis or test of any goods with a view to determining whether such
goods suffer from any defect
Complainant
A complainant means:
• 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 who or which makes a complaint;
or
• One or more consumers where there are numerous consumers having the same
interest.

Complaint
A complaint means any allegation in writing made by a complainant that:
 An unfair trade practice or a restricted trade practice has been adopted by any trader.
 The goods bought by him or agreed to be bought by him suffer from one more defects.
 The trader has charged for the goods mentioned in the complaint a price excess of the
price fixed by or under any law for the time being in force or displayed on the goods or
any package, containing such goods.
 The goods which will be hazardous to life and safety when used are being offered for sale
to the public in contravention of the provisions of any law for the time being in force
requiring the traders to display information in regard to the contents, manner and effect of
use of such goods; with a view to obtaining any relief provided by the law under the CPA
The complaint must be in writing and the complaint must be made to the appropriate
consumer forum.

Consumer
A consumer means any person who buys or agrees to buy any goods or one who hires or
avails any service for a consideration which has been paid or promised or partly paid and
partly promised or under any system of deferred payment.
It also includes any user of such goods other than the person who actually buys goods
and such use is made with the approval of the purchaser
A person is not a consumer if he purchases the goods for commercial or resale purposes.
However, the word ‘commercial’ does not include use by the consumer of the goods
bought and used by him exclusively for the purpose of earning his livelihood by means of
self employment.
Examples
 Harsimarjot Singh purchased car for his personal use. He is consumer. But if he lets
out his car as taxi he will not be regarded as consumer.
 An applicant for ration card is not a consumer.
 The beneficiaries of the municipal services have been held not to be in the category
of consumers.

Case Study
Mr. Krishan Kumar, chartered accountant in practice purchased a computer on instalments
for being used in his office. Can he be said as consumer under the Act?
Service
A service is defined to mean service of any description which is made available to the
potential users and includes 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 or under a contract of personal service.
Examples
• The subscriber of telephone is availing the services from the telephone company.
• The person who buys life insurance policy is availing service from the insurance
company.

Case Study
An applicant for a passport who pays fees to obtain a passport is a consumer availing
service. Goods
The goods means goods as defined in the Sale of Goods Act, 1930
Under that act goods means every kind of movable property other than the auctionable
claims and money and includes stocks and shares, growing crops, grass and things
attached to or forming part of the land which are agreed to be severed before the sale or
under the contract of sale.
Consumer dispute
A consumer dispute means a dispute where the person against whom a complaint has been
made, denies or disputes the allegation contained in the complaint

Unfair Trade Practice
An unfair trade practice is defined under Section 2(1)(r) of the Consumer Protection Act,
1986
An unfair trade practice means a trade practice which for the purpose of promoting the
sale use or supply of any goods or for the provision of any service, adopts any unfair
method or unfair or deceptive practice including any of the following practices:
 False or misleading representation about quality, quantity and standard of goods.
 Bargain price.
 Non-compliance of product safety standard.
 Hoarding or destruction of goods
 Falsely represents any re-built, second-hand, renovated, reconditioned or old goods as
new goods.
 Represents that the goods or service have sponsorship, approval, performance,
characteristics, accessories, uses or benefits which such goods or service do not have.
 Makes a false or misleading representation, concerning the need for or the usefulness
of any goods or service.
 Gives to the public any warranty or guarantee of the performance, efficacy or length of
life of a product or of any goods that is not based on an adequate or proper test thereof

Example
Cure medical college, which is registered under the Societies Registration Act alleged and
giving wrong impression in his publicity material that the college is authorized and equipped
to impart medical education leading to M.B.B.S. degree. The college was actually neither
recognized by the Medical Council of India nor affiliated to any university. It amounts as
unfair trade practice
Case Study
Miss Nandini has been buying Amul milk packet 500 ml from a retailer. The packet though
gives only 400 ml. What action can she take against the company?

Defect
A defect 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 the time being in force
or under any contract, express or implied or as is claimed by the trade in any manner,
whatsoever in relation to any goods. The defect is with regard to goods. However, it has
been held that defect in the title of goods is not defect in goods.
Example
If the seller fails to deliver the goods which he agreed to sell it will be treated as a defect

Deficiency
A deficiency means any fault, imperfection or shortcoming or inadequacy in the quality,
nature and manner of performance which is required to be maintained by or under any law for
the 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. The deficiency is with regard to service. Any
fault or negligence in setting the claim by the insurance company is deficiency in service
Example
 The disconnection of electric supply on account of arbitrary and excessive billing and
without giving notice is deficiency in service.
 The bank dishonoring the bank draft or cheque despite sufficient funds in the account is
deficiency in service.
 The housing board fails to give possession of the flat after receiving the full price and after
registering it in favour of the allottee. It is held as a deficiency on part of the housing board.

Case Study
 Mr. Ankush Sharma had got a confirmed ticket on Jet Airways. The flight was later
cancelled on account of technical snag. Is it a deficiency in service?
 Miss Tanu Saini had paid the telephone bill but inspite of that, the telephone
department disconnected my telephone without any notice. Can the department
disconnect the telephone without notice to the subscriber?
Spurious goods and services
The spurious goods and services mean, such goods and services which are claimed to be
genuine but they are actually not so

Who Can File A
Complaint
The following can file a complaint under the Act:
1. A consumer. When the consumer is a minor or a lunatic person on his behalf, his parent
or guardian can file the complaint.
2. Any voluntary consumer organization registered under the Societies Registration Act,
1860 or under the Companies Act, 1956 or under any other law for the time being in
force.
3. The Central Government.
4. The State Government or Union Territory Administrations.
5. One or more consumers on behalf of the numerous consumers who are having the same
interest.
A consumer association cannot file a complaint on behalf of unspecified or unidentified
number of consumers.

In the Case of Upbhokta Sanrakshan Samiti vs Winsard Foods Ltd, the consumers
association found that, the biscuit packets sold by a food company were less in weights. A
complainant, demanding a compensation for the public of the State of Rajasthan was not
maintainable. The Act contemplates an identified consumer in order to make the application
of its provisions or any consumer association to represent it. The Act also contemplates an
action in the representative capacity, by providing that when there are numerous consumers
having the same interest one or more consumers must file the complaint on behalf of others.
Example:
-

How to file a complaint
01
There is no fee for filing a complaint before the District Forum, the State Commission
or the National Commission.
02 There should be three to five copies of the complaint on plain paper
03
The complaint can be sent by post to the appropriate
Forum/Commission.
04
The complaint should be signed by the complainant or his authorized
agent.
05
The complaint is to be filed within two years from the date on which the
cause of action has arisen.
 Requirements
The procedures for filing complaints and seeking redressal are simple

Information Given
1.The name, description and the address of the
complainant.
2. The name, description and address of the
opposite
party or parties as the case may be, as far as
they can
be ascertained.
3. The facts relating to the complaint and when and
where it arose.
4. The documents, if any in support of the
allegations
contained in the complaint.
A complaint should contain the following information:

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
COMPLAINT No.__________
IN THE MATTER OF: (Name and address of the complainant)
Complainant
Versus
(Name and address of the opposite party)
Opposite Party
Complaint Under Section 12 of the Consumer Protection Act
Most Respectfully Submitted as Under:
1.The complainant is a consumer within the definition of the Consumer Protection Act and is
constrained to approach this Forum against the gross acts of the opposite party wherein they have
committed serious deficiency of services and unfair trade practices.
2.The brief facts leading to the filing of the present complaint are as follows: (Narrate the brief facts of
the matter)
Consumer Complaint
Format

3.The supportive documents attached are as follows:
1. Copy of the bill
2. Copy of warranty/guarantee card
3. Proof of payment made (if any)
4. Copy of the notice and other communications (e-mail, SMS, etc.)
4.The opposite party’s actions amount to deficiency in services and unfair trade practices. The
complainant is entitled to:
1. Refund of the entire amount paid to the opposite party.
2. Compensation of Rs. —————- against the deficiency of services.
3. Compensation for physical pain, mental agony, and trauma.
PRAYER: The Court is requested to:
•Direct the opposite party to refund the entire amount paid along with interest.
•Award compensation of Rs. ———————– to the complainant.
•Grant the cost of the present litigation.
Any other order as the Honorable Court deems fit and proper in favor of the complainant may be
passed.
COMPLAINANT
(Your Name)

CREDITS: This presentation template was created by
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A specimen of the complaint file before the consumer forum is given as Annexure I

1.
The provisions of Consumer Protection Act is
applicable to
(i) goods. (iii) goods or service.
(ii) service. (iv) goods and service

2.
Under the Consumer Protection Act,
complainant means
(i) Consumer..
(ii) Central Government.
(iii) State Government
(iv) all of the above

3.
Under the Consumer Protection Act, complainant means
(i)Central or State government.
(ii) legal representative of the deceased consumer.
(iii) both (i) and (ii).
(iv) neither (i) nor (ii).

4.
complaint means
(i) allegation in writing.
(ii) oral allegation.
(iii) claim in writing.
(iv) oral claim for damage.

5.
service does not include
(i) rendering service free of cost.
(ii) rendering service under a contract
of personal service.
(iii) both (i) and (ii).
(iv) neither (i) nor (ii).

6.
Representation by the seller that he has sponsorship or
approval which the seller does not have amount as
(i) defect in goods.
(ii) deficiency in service.
(iii) restrictive trade practice.
(iv) unfair trade practice.

7.
Trade practice which tends to bring about
manipulation of price amount as
(i) fraud.
(ii) unfair trade practice.
(iv) none of the above.

8.
Trade practice which tends to bring about
manipulation of conditions of delivery
of goods amount as
(i) fraud
(ii) unfair trade practice.

9
__________shall constitute central
consumer protection council.
(i) Central Government
(ii) State Government
(iii) President of India
(iv) Supreme Court

10.
_________shall constitute State consumer
protection council.
(i) Central Government
(ii) State Government
(iii) President of India
(iv) Supreme Court

11.
Consumer disputes redressal agencies
Include______
(i) District Forum.
(ii) State Commission.
(iii) National Commission
(iv) all of the above

12.
Every member of the District Forum,
shall hold office for term of ___ years
or up to age of 65 years.
(i) 5
(ii) 4
(iii) 3
(iv) 10

13.
The District Forum shall have jurisdiction to entertain
complaints where the value of the goods or services and
the compensation claimed does not exceed
(i) 20,00,000
(ii) 5,00,000
(iii) 25,00,000
(iv) 1,00,00,000

14.
The State Commission shall have jurisdiction to entertain
complaints where the value of the goods or services and the
compensation claimed does not exceed
(i) 20,00,000
(ii) 5,00,000
(iii) 25,00,000
(iv) 1,00,00,000.

15.
Any person, aggrieved by an order of the National Commission
can appeal against order of the National Commission to the
(i) High Court.
(ii) Magistrate Court.
(iii) Supreme Court.
(iv) any of the above as per person’s choice

16.
Any person aggrieved by an order of the National Commission
can appeal against order of the National Commission to the
Supreme Court within period of
(i)15 days.
(ii) 30 days.
(iii) 45 days.
(iv) reasonable time.

17.
An appeal filed with State or National Commission shall be
heard as expeditiously as possible and efforts will be made
to dispose an appeal with in period of days.
(i) 30
(ii) 60
(iii) 90
(iv) reasonable time

18.
State Commission, National Commission and District
Forum shall have same power as are vested in the
(i) civil court.
(ii) criminal court.
(iii) fast track court.
(iv) special court.

19.
Usually a complaint can be made to district forum,
state commission or national commission within
period of ___ years from the date on which the
cause of action has arisen.
(i)one
(ii) Two
(iii) three
(iv) five

20.
Which relief can be obtained by consumers from
commission?
(i)To remove defects from goods.
(ii) Not to offer the hazardous goods for sale.
(iii) To stop manufacturing of hazardous goods.
(iv) All of the above.

21.
Which relief can not be obtained by consumers from
commission?
(i) Imprisonment for six months.
(ii) Compensation of certain amount of money.
(iii) Total refund of money paid.
(iv) All of the above

22.
Any________can be consumer
(i) natural person
(ii) artificial person
(iii) both (i) and (ii)
(iv) none of the above

23.
Defect under the Consumer Protection Act can
be for
(i) goods.
(ii) services.
(iii) both (i) and (ii)

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