The document summarizes key aspects of the Consumer Protection Act 1986 in India, including the establishment of consumer protection councils at the national, state, and district levels. It also describes the composition and jurisdiction of the National Commission, State Commissions, and District Forums, which were established to protect consumer rights and resolve disputes. Remedies available under the act include replacing defective goods, providing compensation, withdrawing unsafe goods, and imposing penalties for unfair trade practices. The document also briefly summarizes a Supreme Court case regarding a doctor practicing allopathy without qualification.
The document summarizes the consumer dispute redressal agencies in India. It outlines three levels of agencies established under the Consumer Protection Act of 1986 to handle consumer complaints - district forums established by state governments, state commissions established by state governments, and a national commission established by the central government. It provides details on the jurisdiction and authority of each agency to entertain consumer complaints regarding defective goods or deficient services based on the value of claims. The document also describes the composition, procedures to file and hear complaints, and rights to appeal orders at each level of the consumer dispute redressal system in India.
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 Trade Union Act of 1926 establishes the framework for the registration of trade unions in India. Some key points:
1. The Act provides for the appointment of Registrars of Trade Unions by state governments who are responsible for registering unions.
2. To register, a union must submit an application signed by at least 7 members, along with its rules and office bearer details. The rules must address membership, funds, leadership elections and dissolution.
3. Once registered, a union receives legal status as a corporate body with powers to own property, enter contracts, and sue or be sued in its own name. Registered unions also receive certain immunities from civil suits.
4. The Reg
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.
The document summarizes information about district consumer forums in India. It discusses the history and establishment of district forums, their composition and jurisdiction. It also outlines the procedures for filing a complaint, the case flow process, and provides sample questions about district forums. District forums have jurisdiction over cases where the value is less than 20 lakhs and aim to provide speedy and inexpensive redressal of consumer grievances at the district level.
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
This document discusses procedures related to trade unions in India, including changing a trade union's name, amalgamating trade unions, dissolving a trade union, penalties for non-compliance, and collective bargaining. It addresses notices that must be provided, votes required, effective dates, and distribution of funds upon dissolution. Recognition of trade unions, prerequisites for collective bargaining such as freedom of association, and advantages and disadvantages of the collective bargaining process are also examined.
The document summarizes India's conciliation and adjudication machinery for resolving industrial disputes. It describes the various bodies involved, including conciliation officers, boards of conciliation, courts of inquiry, voluntary and compulsory arbitration, and the three-tier system of adjudication consisting of labor courts, industrial tribunals, and national tribunals. Conciliation is the preferred first method of dispute resolution, involving bringing workers and employers together with a neutral third party to arrive at an agreement. If conciliation fails, the dispute can be referred to arbitration or adjudication for a binding decision.
The document summarizes the consumer dispute redressal agencies in India. It outlines three levels of agencies established under the Consumer Protection Act of 1986 to handle consumer complaints - district forums established by state governments, state commissions established by state governments, and a national commission established by the central government. It provides details on the jurisdiction and authority of each agency to entertain consumer complaints regarding defective goods or deficient services based on the value of claims. The document also describes the composition, procedures to file and hear complaints, and rights to appeal orders at each level of the consumer dispute redressal system in India.
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 Trade Union Act of 1926 establishes the framework for the registration of trade unions in India. Some key points:
1. The Act provides for the appointment of Registrars of Trade Unions by state governments who are responsible for registering unions.
2. To register, a union must submit an application signed by at least 7 members, along with its rules and office bearer details. The rules must address membership, funds, leadership elections and dissolution.
3. Once registered, a union receives legal status as a corporate body with powers to own property, enter contracts, and sue or be sued in its own name. Registered unions also receive certain immunities from civil suits.
4. The Reg
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.
The document summarizes information about district consumer forums in India. It discusses the history and establishment of district forums, their composition and jurisdiction. It also outlines the procedures for filing a complaint, the case flow process, and provides sample questions about district forums. District forums have jurisdiction over cases where the value is less than 20 lakhs and aim to provide speedy and inexpensive redressal of consumer grievances at the district level.
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
This document discusses procedures related to trade unions in India, including changing a trade union's name, amalgamating trade unions, dissolving a trade union, penalties for non-compliance, and collective bargaining. It addresses notices that must be provided, votes required, effective dates, and distribution of funds upon dissolution. Recognition of trade unions, prerequisites for collective bargaining such as freedom of association, and advantages and disadvantages of the collective bargaining process are also examined.
The document summarizes India's conciliation and adjudication machinery for resolving industrial disputes. It describes the various bodies involved, including conciliation officers, boards of conciliation, courts of inquiry, voluntary and compulsory arbitration, and the three-tier system of adjudication consisting of labor courts, industrial tribunals, and national tribunals. Conciliation is the preferred first method of dispute resolution, involving bringing workers and employers together with a neutral third party to arrive at an agreement. If conciliation fails, the dispute can be referred to arbitration or adjudication for a binding decision.
The document discusses various aspects of winding up companies in India. It begins by defining winding up and dissolution, and outlines the key differences. It then discusses reasons for winding up a company and the different modes of winding up, including compulsory winding up ordered by the court, and voluntary winding up by members or creditors. The roles and powers of liquidators and the court during the winding up process are also summarized.
The document summarizes the redressal agencies for consumer disputes in India. It describes the composition and jurisdiction of district forums, state commissions, and the national commission. The district forum handles claims up to Rs. 5 lakhs, state commissions handle claims from Rs. 5-20 lakhs, and the national commission handles claims over Rs. 20 lakhs. It also outlines the appeal process and powers of these consumer protection agencies.
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 discusses contingent contracts under Indian law. It defines a contingent contract as one where performance depends on an uncertain future event. Insurance, indemnity, and guarantee contracts are provided as examples. Key requirements of contingent contracts are outlined, including that the future event be uncertain and collateral to the contract. The document also discusses differences between contingent contracts and void wagering agreements, and conditions for enforcement and voidness of contingent contracts. Commercial applications of contingent contracts including insurance, guarantees, negotiations, and mergers & acquisitions are also mentioned.
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.
Duties and responsibilities of conciliation oficerManoj Kumar
Under the Industrial Dispute Act of 1947, a conciliation officer is appointed to mediate industrial disputes and promote settlements. They investigate issues, meet with parties, and facilitate discussions, but do not have authority to impose agreements. If a settlement is reached, the officer submits a report within 14 days; if not, a failure report is provided explaining why no resolution was achieved. Unresolved disputes may then be referred to labor courts or tribunals for adjudication.
1) Section 438 of the Criminal Procedure Code allows individuals to apply for anticipatory bail if they believe they may be arrested for a non-bailable offense.
2) The High Court or Court of Session has jurisdiction to grant anticipatory bail and may impose conditions to ensure justice and prevent obstruction.
3) Courts have wide discretion in deciding anticipatory bail applications on a case by case basis due to the impossibility of laying down rules for all possible cases.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
This document discusses India's labour laws and constitution. It notes that India's constitution includes Directive Principles of State Policy that embody the concept of social justice. A series of labour laws were enacted to protect workers and promote their welfare and social security. International organizations like the ILO also pursue social justice goals through establishing labour standards and technical assistance. There is debate around the appropriate role of law in industrial relations, with differing views on whether the focus should be regulatory legislation or allowing parties to regulate themselves.
Thank you for the detailed summary of the Minimum Wages Act, 1948. This will help provide important context and an overview of the key aspects of the Act.
This document discusses unfair labor practices and their prevention under the Industrial Disputes Act, 1947. It defines unfair labor practices and lists examples of such practices by employers/trade unions and workmen/trade unions. Practices by employers include favoring certain unions, refusing to bargain in good faith, illegal lockouts and more. Workmen practices include supporting illegal strikes, coercive activity and damaging employer property. The act prescribes penalties of fines or imprisonment to prevent unfair labor practices. In conclusion, any practices violating constitutional directives or labor laws can be considered unfair labor practices.
The document discusses the definition, purpose, contents and requirements of a company prospectus according to the Companies Ordinance 1984 of Pakistan. Some key points:
- A prospectus is a formal legal document that provides details about an investment offering for sale to the public so investors can make an informed decision. It must be filed with the SECP.
- The prospectus contents include information on the company's business, management, capital structure, financials, and risks. It requires audited reports and consent from experts.
- Companies are liable for any misstatements in the prospectus. Directors and experts can be liable but have defenses if they can prove the statement was not material or they withdrew consent.
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 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.
Section 51: Weekly Hours
Section 52: Weekly Holidays
Section 53: Compensatory Holidays
Section 54: Daily Hours
Section 55: Rest Intervals
Section 56: Spread Over
Section 57: Night Shifts
Section 58:Prohibition of overlapping shifts
Section 59: Overtime and Extra Wages
Section 60: Double Employment
Section 61: Notice of Periods of Work for Adults
Section 62: Register of Adult workers
Section 63: Hours of work to correspond with notice under section 61 and register under section 62
Section 64:- Power to make Exemption Rules
Section 65:- Powers to make Exempting Orders
Section 66: Further Restrictions on Employment of Women
The document discusses the appointment and removal of directors in a company. It outlines various methods of appointing directors including through the articles of association, election by members, nomination by the board or central government, and qualification shares. It also discusses the disqualification, removal and liabilities of directors. Directors have important duties to act in good faith, with care and skill, and avoid conflicts of interest. They can be removed by shareholders, courts or the central government and face civil and criminal liabilities for negligence or breaching their duties.
Redressal mechanism as per consumer protection actNandita Sadani
The document outlines India's Consumer Protection Act and the three-tier quasi-judicial mechanism it establishes for consumer dispute redressal at the national, state, and district levels. It describes the pecuniary jurisdiction and composition of the District, State, and National Consumer Disputes Redressal Commissions. The National Commission handles claims over Rs. 1 crore, State Commissions handle claims between Rs. 20 lakhs and Rs. 1 crore, and District Forums handle claims under Rs. 20 lakhs. Appeals can be made within 30 days to higher commissions, and all commissions aim to dispose of appeals within 90 days.
Types Of Consumer Redressal Machinaries And ForumsRishebh Clement
The document summarizes the three-tier consumer grievance redressal machinery and forums in India. It discusses the District Forum, State Commission, and National Commission that form the three levels for consumers to file complaints. It provides details on the pecuniary jurisdiction, composition, and terms for each level. The document also outlines the process for filing complaints and appeals at each level, including the information required, limitation periods, fees, and time schedules for disposal.
The document discusses various aspects of winding up companies in India. It begins by defining winding up and dissolution, and outlines the key differences. It then discusses reasons for winding up a company and the different modes of winding up, including compulsory winding up ordered by the court, and voluntary winding up by members or creditors. The roles and powers of liquidators and the court during the winding up process are also summarized.
The document summarizes the redressal agencies for consumer disputes in India. It describes the composition and jurisdiction of district forums, state commissions, and the national commission. The district forum handles claims up to Rs. 5 lakhs, state commissions handle claims from Rs. 5-20 lakhs, and the national commission handles claims over Rs. 20 lakhs. It also outlines the appeal process and powers of these consumer protection agencies.
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 discusses contingent contracts under Indian law. It defines a contingent contract as one where performance depends on an uncertain future event. Insurance, indemnity, and guarantee contracts are provided as examples. Key requirements of contingent contracts are outlined, including that the future event be uncertain and collateral to the contract. The document also discusses differences between contingent contracts and void wagering agreements, and conditions for enforcement and voidness of contingent contracts. Commercial applications of contingent contracts including insurance, guarantees, negotiations, and mergers & acquisitions are also mentioned.
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.
Duties and responsibilities of conciliation oficerManoj Kumar
Under the Industrial Dispute Act of 1947, a conciliation officer is appointed to mediate industrial disputes and promote settlements. They investigate issues, meet with parties, and facilitate discussions, but do not have authority to impose agreements. If a settlement is reached, the officer submits a report within 14 days; if not, a failure report is provided explaining why no resolution was achieved. Unresolved disputes may then be referred to labor courts or tribunals for adjudication.
1) Section 438 of the Criminal Procedure Code allows individuals to apply for anticipatory bail if they believe they may be arrested for a non-bailable offense.
2) The High Court or Court of Session has jurisdiction to grant anticipatory bail and may impose conditions to ensure justice and prevent obstruction.
3) Courts have wide discretion in deciding anticipatory bail applications on a case by case basis due to the impossibility of laying down rules for all possible cases.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
This document discusses India's labour laws and constitution. It notes that India's constitution includes Directive Principles of State Policy that embody the concept of social justice. A series of labour laws were enacted to protect workers and promote their welfare and social security. International organizations like the ILO also pursue social justice goals through establishing labour standards and technical assistance. There is debate around the appropriate role of law in industrial relations, with differing views on whether the focus should be regulatory legislation or allowing parties to regulate themselves.
Thank you for the detailed summary of the Minimum Wages Act, 1948. This will help provide important context and an overview of the key aspects of the Act.
This document discusses unfair labor practices and their prevention under the Industrial Disputes Act, 1947. It defines unfair labor practices and lists examples of such practices by employers/trade unions and workmen/trade unions. Practices by employers include favoring certain unions, refusing to bargain in good faith, illegal lockouts and more. Workmen practices include supporting illegal strikes, coercive activity and damaging employer property. The act prescribes penalties of fines or imprisonment to prevent unfair labor practices. In conclusion, any practices violating constitutional directives or labor laws can be considered unfair labor practices.
The document discusses the definition, purpose, contents and requirements of a company prospectus according to the Companies Ordinance 1984 of Pakistan. Some key points:
- A prospectus is a formal legal document that provides details about an investment offering for sale to the public so investors can make an informed decision. It must be filed with the SECP.
- The prospectus contents include information on the company's business, management, capital structure, financials, and risks. It requires audited reports and consent from experts.
- Companies are liable for any misstatements in the prospectus. Directors and experts can be liable but have defenses if they can prove the statement was not material or they withdrew consent.
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 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.
Section 51: Weekly Hours
Section 52: Weekly Holidays
Section 53: Compensatory Holidays
Section 54: Daily Hours
Section 55: Rest Intervals
Section 56: Spread Over
Section 57: Night Shifts
Section 58:Prohibition of overlapping shifts
Section 59: Overtime and Extra Wages
Section 60: Double Employment
Section 61: Notice of Periods of Work for Adults
Section 62: Register of Adult workers
Section 63: Hours of work to correspond with notice under section 61 and register under section 62
Section 64:- Power to make Exemption Rules
Section 65:- Powers to make Exempting Orders
Section 66: Further Restrictions on Employment of Women
The document discusses the appointment and removal of directors in a company. It outlines various methods of appointing directors including through the articles of association, election by members, nomination by the board or central government, and qualification shares. It also discusses the disqualification, removal and liabilities of directors. Directors have important duties to act in good faith, with care and skill, and avoid conflicts of interest. They can be removed by shareholders, courts or the central government and face civil and criminal liabilities for negligence or breaching their duties.
Redressal mechanism as per consumer protection actNandita Sadani
The document outlines India's Consumer Protection Act and the three-tier quasi-judicial mechanism it establishes for consumer dispute redressal at the national, state, and district levels. It describes the pecuniary jurisdiction and composition of the District, State, and National Consumer Disputes Redressal Commissions. The National Commission handles claims over Rs. 1 crore, State Commissions handle claims between Rs. 20 lakhs and Rs. 1 crore, and District Forums handle claims under Rs. 20 lakhs. Appeals can be made within 30 days to higher commissions, and all commissions aim to dispose of appeals within 90 days.
Types Of Consumer Redressal Machinaries And ForumsRishebh Clement
The document summarizes the three-tier consumer grievance redressal machinery and forums in India. It discusses the District Forum, State Commission, and National Commission that form the three levels for consumers to file complaints. It provides details on the pecuniary jurisdiction, composition, and terms for each level. The document also outlines the process for filing complaints and appeals at each level, including the information required, limitation periods, fees, and time schedules for disposal.
The Consumer Protection Act of 1986 was established to better protect consumer interests and establish consumer councils and authorities to resolve disputes. It aims to promote consumer rights and set up quasi-judicial bodies at district, state, and national levels to efficiently resolve consumer complaints. The act establishes a hierarchy of forums - district consumer forums for claims under 20 lakhs, state commissions for 20 lakhs to 1 crore, and the national commission for over 1 crore. It outlines the rights of consumers and definitions. It also provides relief measures for proven complaints and penalties for non-compliance with forum orders.
Working and performance of three tire quasi judiciai mechanism for redressal ...Alexander Decker
This article summarizes the three-tier quasi-judicial consumer dispute redressal system established in India by the Consumer Protection Act of 1986. It discusses the composition and jurisdiction of consumer forums at the district, state, and national levels, which are empowered to provide relief to consumers, including compensation, replacing defective goods, or refunding payments. The article also outlines the appellate process that allows cases to be escalated from lower to higher forums and ultimately the Supreme Court of India. Overall, the system aims to provide speedy and inexpensive resolution of consumer grievances.
The document discusses consumer redressal agencies in India. It explains that there are three types of consumer disputes redressal agencies - district forums, state commissions, and a national commission.
The district forum handles complaints where the value is less than 1 crore rupees. The state commission handles complaints between 1-10 crore rupees. The national commission deals with complaints over 10 crore rupees or appeals from state commissions.
The document outlines the composition, qualifications, jurisdiction and powers of each type of redressal agency. It explains their role in providing remedies to consumers who have complaints regarding defective goods or services.
The document discusses consumer redressal agencies in India. It explains that there are three types of consumer disputes redressal agencies - district forums, state commissions, and a national commission.
The district forum handles complaints where the value is less than 1 crore rupees. The state commission handles complaints between 1-10 crore rupees. The national commission deals with complaints over 10 crore rupees or appeals from state commissions.
The document outlines the composition, qualifications, jurisdiction and powers of each type of redressal agency. It explains their role in providing remedies to consumers who have complaints regarding defective goods or services.
The document summarizes consumer dispute redressal agencies in India. It outlines three types of consumer disputes redressal agencies - district, state, and national levels. It describes the composition, qualifications, jurisdiction, and powers of each type of agency. The district forum handles complaints up to 1 crore rupees. The state commission handles appeals of district forum orders and complaints from 1-10 crore rupees. The national commission handles appeals of state commissions and complaints over 10 crore rupees.
The Consumer Protection Act of 1986 was enacted to better protect consumer interests and establish consumer councils and authorities to resolve consumer disputes. It aims to provide speedy and simple redressal to consumer complaints. Under the Act, quasi-judicial machinery is set up at the district, state, and national levels in the form of consumer dispute redressal forums and commissions to provide relief to consumers. The District Forum handles claims up to Rs. 20 lakhs, State Commissions from Rs. 20 lakhs to Rs. 1 crore, and the National Commission handles claims over Rs. 1 crore.
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.
In this competitive business world consumer is treated as a king.so the consumer is protected for consuming the product for the help of consumer protection act.
The document summarizes the key aspects of the Consumer Protection Act of 1986 in India. It was enacted to provide simpler, quicker and cheaper remedies to consumers, and established 3-tier quasi-judicial machinery - district forums, state commissions, and a national commission - to resolve consumer disputes and complaints. The act defined unfair/restrictive trade practices and rights of consumers. It also created consumer protection councils at central, state, and district levels to promote awareness.
The document discusses the Consumer Protection Act of 1986 in India. It was introduced to protect consumers from exploitation by businesses as India opened its economy in the 1980s and 1990s. The Act established a three-tier quasi-judicial system of District Forums, State Commissions, and a National Commission to address consumer complaints. It defined a consumer, outlined consumer rights and responsibilities, and explained the process for filing complaints. Remedies under the Act include replacements, refunds, discontinuing unfair practices, and more. The Act also created Consumer Protection Councils at central, state, and district levels to promote consumer interests.
The document discusses the consumer protection framework in India. It establishes three-tier quasi-judicial consumer dispute redressal system at the national, state, and district levels to provide simple, speedy, and inexpensive remedies to consumer grievances. The District Consumer Disputes Redressal Forum handles claims up to Rs. 20 lakhs, state commissions handle claims from Rs. 20 lakhs to Rs. 1 crore, and the National Consumer Disputes Redressal Commission handles claims over Rs. 1 crore. The commissions have a specified composition and members have a fixed term of 5 years or up to a specified maximum age.
The document summarizes key aspects of State Commissions under the Consumer Protection Act in India. It discusses the composition of State Commissions, including qualifications for members. It also outlines the pecuniary and territorial jurisdiction of State Commissions, as well as their appellate jurisdiction over District Forum cases. New provisions introduced in 2002 around case transfers, circuit benches, and expediting appeals are also summarized. In conclusion, it notes that amendments have aimed to increase efficiency and reduce delays.
The Consumer Protection Act was enacted in 1986 to protect consumer interests in India except Jammu and Kashmir. It established Consumer Councils and authorities to resolve disputes. The objectives include protecting rights to life, information, choice, voice and redress. It defines consumers, complaints, defects, deficiencies and services. Complaints can be filed by individuals or organizations. The Act created three-tier consumer dispute redressal mechanisms - District Forums, State Commissions and the National Commission - to resolve disputes through inquiries and order remedies like replacements, refunds or compensation. Appeals of orders can be made to higher forums within 30 days.
The document summarizes the Consumer Protection Act and its relevance to dentistry in India. It outlines key definitions in the Act, such as complainant, complaint, consumer, and deficiency. It describes the three-tier quasi-judicial system established by the Act at the district, state, and national levels to handle consumer complaints and disputes. The forums have jurisdiction over complaints based on the value of services and compensation claimed. Their roles include referring complaints to the opposite party, settling disputes based on evidence, and issuing orders directing relief such as refunds or compensation. Losing parties can appeal higher forums' decisions.
consumer protection and consumer forumGauri Gatade
this set of slides will help to gain a lot of knowledge about consumer forum and here is a survey report on a consumer form of a district Dharwad, Karnataka, India.
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.
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1. THE CONSUMER
PROTECTION ACT, 1986
The Consumer Protection Act, 1986 is a
benevolent social legislation that lays
down the rights of consumers and
provides for promotion and protection of
the rights of the consumers.
This is the only Act of its kind in india,
which has enabled ordinary consumers to
secure less expensive and often speedy
redressal of their grievances.
2.
3. ADVISORY BODIES - CONSUMER PROTECTION
COUNCIL
The Act provides for the establishment of Advisory
Councils at three levels: National, State and District.
These are,
The Central Consumer Protection Council
The State Consumer Protection Council
The District Consumer Protection Council.
These Councils are constituted on public private
partnership basis. The purpose of these bodies is to
review the consumer related policies of the
government and suggest measures for further
improvements.
4. NATIONAL COMMISSION
Composition of the National
Commission
A national commission consists of :
President – to be qualified by the supreme court
judge and appointed by the chief justice of India.
Four other members of eminence in the field of
education, trade, commerce (one of whom shall be
women).
5. Appointment of other members :
It is made by central government on the
recommendation of a selection committee consisting
of the following :
A person who is the judge of the supreme court to
be nominated by the chief justice – Chairman.
Secretary , Law Department of the Government of
India – Member.
Secretary in charge of the department dealing with
consumer affairs in the Govt of India - Member.
6. Qualification of Members:
Be not less than thirty-five years of age.
Possess a bachelor’s degree from a
recognized university.
Have adequate knowledge and experience of
atleast ten years in dealing with problems
relating to
Commerce
Accountancy
Industry
Public affairs
7. Disqualifications of members:
Has been convicted for the offence of moral
turpitude
Is an undischarged insolvent
Is of unsound mind
Has been removed or dismissed from the service
of the government
Has such other disqualifications as may be
prescribed by the state government.
8. Term of office
Every member holds office for a
term of five years or upto the age
of seventy years, whichever is
earlier and is not eligible for
reappointment.
9. Jurisdiction of the National Commission:
The national commission shall have the
following
Value of goods and services exceeds Rs.1crore.
To entertain appeals against the orders of any state
commission .
Can call for records.
Power of a civil court as specified in sub section (4)
(5) (6) of section 13.
10. Power and Procedure (Section 22):
The provisions of section 12,13 and 14 and the
rules made thereunder for the disposal of
complaints by the district forum shall , with such
modifications as may be considered necessary by
the commission ,be applicable to the disposal of
disputes by the national commission.
Without prejudice to the provisions contained in
sub section (1), the national commission shall have
the power to review any order made by it , when
there is an error apparent on the face of record.
11. Power to Set Aside Ex Parte Orders:
Section 22 A mentions where an order is passed by the national
commission ex parte against the opposite part or a complainant , as the
case may be ,the aggrieved party may apply to the commission to set
aside the said order in the interest of justice.
Transfer of cases:
Section 22 B mentions that on the application of the complainant or
of its own motion , the National Commission may , at any stage of the
proceedings in the interest of justice , transfer any complaint pending
before the District Forum of one state to a District Forum of another
State or before one State Commission to another State Commission.
12. Circuits Benches :
Section 22 C mentions that the National Commission shall
ordinarily function at New Delhi and perform its functions at such
other place as the Central Government may , in consultation with
National Commission , notify in the Official Gazette , from time to
time.
Vacancy in the office of the President:
Section 22 D deals with if the office of the President is vacant. In
case the office of the President of a District Forum, State
Commission, or of the National Commission is vacant for a person
occupying such office is, by reason of absence or otherwise, unable to
perform the duties of his office, the shall be perform by the senior
most member of the District Forum, the State Commission or of the
National Commission, as the case may be.
Where a retired Judge of a High Court is a member of the National
Commission, such member or where the number of such members is
more than one, the senior most person amongst such members, shall
preside over the National Commission in the absence of President of
that Commission.
14. COMPOSITION OF STATE CONSUMER
PROTECTION COUNCIL
Chairman(Collector of thedistrict)
Official and non-officialmembers representing such
interestas prescribed by the state government
10 nomineesof theCentralgovernment.
The statecouncil shallmeetas and when necessary but
atleast 2 meetingsshallbe heldevery year.
15. Composition of State Commission (Section 16)
• President- a personwhoisor beena Judgeofa HighCourt,appointedby
theStateGovernment
• Twoothermember–onemustbewoman
a)Atleast35 yearsofage
b)Possessthebachelordegree fromrecognized university
C)Adequateknowledgewith10yearsexperience
STATE COMMISSION
16. Selection committee for the appointment
of the member section 16(1A)
By state government on the recommendation of a selection committee
consisting of :-
President of State commission Chairman
Secretary, Law Department of the State Member
Secretary incharge of Department dealing with consumer affairsin the
state member.
17. Term of Office ,Section 16(3)
Period of 5 years or uptothe age of 67 years whichever
is earlier, shall not be eligible for re-
appointment.
18. Jurisdiction of the State
Commission
PecuniaryJurisdiction
Valueofgoods& servicesshould be atleast
₹20 lakhand notexceed1cr.
TerritorialJurisdiction
Wherethe oppositepartyresides
Any of theoppositepartywhentherearemorethan one,withthe permissionofDistrictforum
The causeofaction,whollyorinpart,arises
Appellate Jurisdiction (Section 15)
an appeal to the state commission can be made within a period of thirty days from the
date of order of the District Forum to any person who has been aggrieved by the order.
The time limit may be extended by the state commission on showing sufficient cause.
The person making an appeal should deposit 50% of the decreed amount or
Rs.25000/- whichever is less.
19. Procedure on admission of
complaint
Refer a copy of the admitted within 21 days from date of admission
to the opposite party mentioned in the complaint directing him to
give his version of the case within 30 days or such extended period
not exceeding 15 days as may be granted by District Forum
20. An appeal filed before the State Commission
or the National Commission shall be heard as
expeditiously as possible and
an endeavour shall be made to finally dispose
of the appeal within a period of ninety days
from the date of its admission.
Provided that no adjournment shall be
ordinarily granted by the State Commission
or the National Commission, as the case may
be, unless sufficient cause is shown and the
reasons for grant of adjournment have been
recorded in writing by such Commission
21. PROCEDURETO FILE A CASE BEFORE
STATECOMMISSION
FIRST APPEAL: (Section 15) First Appeal can be filed by appeals against the order
of any District Forum within the state.
• 1. Memorandum of grounds of Appeal along with correct name of parties their
Addresses
• 2. Certified copy of the District Consumer Forum order.
• 3. No. Of copies required for filing the appeal 4 + Sufficient additional Copies for
each Respondents.
• 4. Appeal to be filed within 30 days from the Date of receipt of District Consumer
Forum Order
• 5, Any Condone Delay/interim orders/Other Petitions to be submit along with
Affidavit with despondent signatures
• 6. Statutory Deposit: Rs. 25,000/- or 50% of Award/Compensation amount which
ever is less to be deposited by Appellant/Opposite Parties.
• 7. Court fee is not required to file Appeal
REVISION PETITION: (Section 17) in case of dissatisfaction from district forum
within 30 days petition can be filed in state forum.
• 1. Certified copy of the interlecutory application order along with Petition,
Complaint and counter on the file of District Consumer Forum
• 2. Court fee is not required to file Revision Petition
22. EXECUTION APPLICATION: (Under Section 27) Execution
application can be filed when final order not complied with in
time
1. Execution Application
2. Certified copy of the Carbon copy Order .Along with Vakalath .
CHEQUE PETITION : Cheque Petition can be filed by the Parties
to with draw the deposited amount in full/part awarded
1. Advance Stamp Receipt duly identified by the Counsel on
Record
2. Payment schedule
3. Memo of Part/Full satisfaction duly signed by the Party and
Counsel on Record
4. Affidavit
5. Cheque Petition.
6. Proof of identification ( Ration card/Pan card/identify card
issued by the Election Commission, Pass Book)
24. COMPOSITION OF DISTRICT
CONSUMER PROTECTION COUNCIL
•CHAIRMAN(COLLECTOR OF THE DISTRICT)
•OFFICIALAND NON- OFFICIALMEMBERS REPRESENTING SUCH
INTEREST AS PRESCRIBED BY THE STATE GOVERNMENT
•THE DISTRICT COUNCILSHALLMEET AS ANDWHEN NECESSARY BUT
ATLEAST 2 MEETINGS SHALLBE HELD EVERY YEAR.
25. Composition of District Forum(Section
10)
• President- isqualifiedtobetheDistrictjudge
• Twoothermember–onemustbewoman
a)atleast35yearsofage
b)possessthebachelordegreefrom recognizeduniversity
c)adequateknowledgewith10 yearsexperience
DISTRICT FORUM
26. Selection committee for the
appointment of the member section
10(1A)
By state government on the recommendation of a selection committee
consisting of :-
President of State commission Chairman
Secretary, Law Department of the State Member
Secretary in charge of Department dealing with consumer affairsin the
state member.
27. Term of Office ,Section 10(2)
Periodof 5 years oruptothe ageof 65 years
whicheveris earlier
28. JURISDICTION OF THE DISTRICT FORUM
SECTION 11
Pecuniary Jurisdiction
• Value of goods & services should not exceed
₹ 20,00,000
Territorial Jurisdiction
• Where the opposite party resides
• Any of the opposite party when there are more thanone, with the
permission of District forum
• The cause of action, wholly or in part , arises
29. Admissibility of Complaint
Section 12(2)
The complaint shall ordinarilybe decidedwithin 21
days from the date onwhich the complaintwas
received
30. Procedure on admission of
complaint Section 13
Refer a copy of the admitted within 21 days from date of admission
to the opposite party mentioned in the complaint directing him to
give his version of the case within 30 days or such extended period
not exceeding 15 days as may be granted by District Forum
31. Limitation to decide the complaint
Section 13(3A)
Every complaintshallbe heard expeditiously as possible
and endeavor shallbe made to decide thecomplaint
withina period of 3 month from thedate of receipt of
notice by opposite party where thecomplaint does not
require analysis or testingof commodities and within 5
monthsif it requires analysis or testingof commodities
32. Remedies Under
Consumer Protection Act
To remove the defect pointed by laboratory
To replace the goods
To return the money
To compensate the consumer
To remove defects in goods and deficiencies in
services
To discontinue the unfairtrade practices
33. To provide adequate cost tothe party
To withdraw the hazardous goods from being
offered for sale
To pay the price determined which shouldnot be
less than 5% of the value of such defective goods
or services
34. A doctor qualified to practice homoeopathic
system of medicines treating a patient with
allopathic medicines and patient dies - guilty of
negligence
In Poonam Verma v. Ashwin Patel [1996(4) SCALE 364]
the respondent was a qualified medical practitioner
in homoeopathic system of medicine.
The appellant, was the widow of a person who, it was
alleged, had died because of the negligence of the
respondent in administering allopathic medicines in
which he was not
qualified to practise.
It was alleged that the deceased was treated to begin
with, for viral fever on allopathic
medicines and since his condition had not improved
antibiotics were used without conducting proper tests.
35. When his condition further deteriorated he was
removed to a nursing home and after four days he was
removed to a hospital in an unconscious state.
Within a few hours thereafter he died.
Her complaint to the National Consumer Disputes
Redressal Commission for damages for the negligence
and carelessness of respondent in treating her
husband was dismissed.
Allowing the appeal the Supreme Court held that the
respondent who had practised in allopathy without
being qualified in that system was guilty of negligence
per se. A person is liable at law for the consequences
of his negligence.
36. Jurisdiction of the Commission:
The Supreme Court observed that it is beyond doubt
now that disputes
regarding applicability of the Act to persons
engaged in medical profession either as private
practitioners or
as Government doctors working in hospitals or
Government dispensaries come within the purview
of the
Consumer Protection Act, 1986.
It is also settled that a patient who is a consumer
has to be awarded
compensation for loss or injury suffered by him due
to negligence of the doctor by applying the same
tests as
are applied in an action for damages for negligence.