consumer protection act

2. An individual who purchases and uses products and services
in contradistinction to manufactures who produce the goods
or services and wholesalers or retailers who distribute and sell
them. A member of the general category of persons who are
protected by state and federal laws regulating price policies,
financing practices, quality of goods and services, credit
reporting, debt collection, and other trade practices of U.S.
commerce. A purchaser of a product or service who has a legal
right to enforce any implied or express warranties pertaining
to the item against the manufacturer who has introduced the
goods or services into the market place or the seller who has
made them a term of the sale.

3. Any person who can be termed as a consumer under the Act can make a complaint. The
following are the persons who can file a complaint under the Act :* 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,* one or more consumers, where there are numerous consumers having the
same interest.
You would have to check where the jurisdiction would lie and then ascertain the value of
the claim. You will have to file your complaint depending upon the amount of money or
compensation you want from the opposite party for the deficient service he has provided
you or for the defective product that you have been sold. It is important to note that most
Judges in these courts will be able to tell if you are unnecessarily filing a complaint &
are just trying to make a quick buck.
A consumer complaint or customer complaint is “an expression of dissatisfaction on
a consumer’s behalf to a responsible party” (Landon, 1980). It can also be described
in a positive sense as a report from a consumer providing documentation about a
problem with a product or service. In fact, some modern business consultants urge
businesses to view customer complaints as a gift.

4. Meaning
Consumer dispute means a dispute where the person against whom a complaint has
been made, denies or disputes the allegations contained in the complaint
• District Consumer Disputes Redressal Forum (DCDRF): Also known as the "District
Forum" established by the State Government in each district of the State. The State
Government may establish more than one District Forum in a district. It is a district
level court that deals with cases valuing up to ₹2 million .
• State Consumer Disputes Redressal Commission (SCDRC): Also known as the "State
Commission" established by the State Government in the State. It is a state level
court that takes up cases valuing less than ₹10 million
• National Consumer Disputes Redressal Commission (NCDRC): Established by the
Central Government.
Consumer Disputes Redressal Agencies

5. RESTRICTIVE TRADE
PRACTICE

6. RESTRICTIVE TRADE PRACTICE
Trade practice which tends to bring about
manipulation of price or its conditions of delivery
or to affect flow of supplies in the market relating
to goods or services in such a manner as to impose
on the consumers unjustified costs or restrictions .
It shall include
 Delay during the period agreed to by a trader in
supply of such goods or in providing the
services which has led or is likely to lead to rise
in the price.

7. UNFAIR TRADE PRACTICE
• Trade practice which for the purpose of
promoting the sale, use or supply of any goods or
for the provision of any services adopts any
unfair method or unfair deceptive practices
including misleading advertisement, not
conforming to prescribed standards.

8. Misleading advertisement and
false representation
The practice of making any statement ,whether orally
or in writing or by visible representation which
 Falsely represents that the goods are of a particular
standard ,quality,grade,composition,style,or model
 Falsely represents that the services are of particular
standard ,quality, or grade
 Falsely represents any rebuilt, second
hand,renovated,reconditioned or old goods as new
goods
 Represents that the goods or services have
sponsorship,approval,performances,benefits,which
such services or goods do not have

9. • Represents that the seller or the supplier has a
sponsorship or approval or affiliation which such
seller or supplies does not have
• Makes a false or misleading representation
concerning the need for, or the usefulness of any
goods or services
• Gives to the public any warranty or guarantee of
the performance, efficiency or length of life of a
product or of any good that is not based on an
adequate or proper test thereof.
• Materially misleads the public concerning the
price at which a product or goods or services,
have been or are,ordinally sold or provided

10. BARGAIN SALE
• The publication of any advertisement ,whether
in any newspaper or otherwise, for the sale or
supply at a bargain price of goods and services
that are not intended to be offered for sale or
supply at the bargain price ,or for the period that
is and in quantities that are reasonable ,having
regard to the nature of the market and size of
business and the nature of the advertisement.

11. OFFERING GIFTS,PRIZES etc.
AND CONDUCTING CONTESTS
AND LOTTERY
• The offering of gifts or other with the intention
of not providing them as offered or creating
impression that something is being given or
offered free of charge when it is fully or partly
covered by the amount charged in the
transaction as a whole
• The conduct of any contest ,lottery ,game of
chance or skill, for the purpose of promoting,
directly or indirectly ,the sale, use or supply of
any produce or any business interest.

12. WITHHOLDING INFORMATION
ABOUT FINAL RESULTS OF THE
SCHEME OFFERING GIFTS
• Withholding of final information about final
results of the scheme from the participants of
any scheme offering gifts, prizes or other items
free of charge on its closure

13. NOT CONFORMING TO
PRESCRIBED STANDARDS
• Sale or supply of goods intended to be used by consumers
,knowing or having reason to believe that the goods do not
comply with the standards prescribed by competent authority
relating to performance,composition,contents as are necessary
to prevent or reduce the risk of injury to the person using the
goods.
• Eg:-sale of helmets without ISI certification will amount to an
unfair trade practice

14. • HOARDING OR DESTRUCTION OF GOODS
• MANUFACTURE OF SPURIOUS GOODS
Manufacture of spurious goods or offering such
goods for sale or adopting deceptive practices in the
provision of services such as unfair trade practice

15. RIGHTS OF CONSUMERS
• RIGHT TO SAFETY
• RIGHT TO BE INFORMED
• RIGHT TO CHOOSE
• RIGHT TO BE HEARD
• RIGHT TO SEEK REDRESSAL
• RIGHT TO CONSUMER EDUCATION

17. Objectives of Consumer Protection Acts
Primary objective
• To grant shield for the improved safeguard to
consumers.
• The act is aimed to afford simple, quick and
economical redressal to the consumers’
grievances

18. • Promotion of goods and services which are
risky to life and property
• Ensured, access to range of goods and
services at viable prices wherever possible
• Search for redressal against unjust trade
practices or restraining trade practices or
deceitful exploitation of consumers

19. Consumer Protection Act & Consideration
• Buys any goods for a consideration which has
been paid or promised or partly paid and
partly promised, or under any system of
deferred payment when such use is made
with the approval of such person, but does
not include a person who obtains such goods
for resale or for any commercial purpose

20. Redressal agencies for consumer
disputes

21. District Forum
• Composition of district
forum –
Each district forum consists of
– A person who is qualified to
be a district judge who shall
be the president and
– Two other members who
shall be persons of ability,
integrity and standing.

22. District Forum
• Office and place of sitting of
district forum
– Located at the headquarters of
the district.
– Working days and office hours
is similar to government
working hours.
– The office seal and emblem of
district forum shall be such as
the government may specify.

23. District Forum
• Jurisdiction of the district forum
– Shall have jurisdiction to entertain
complaints where the value of the
goods or services and the
compensation, if any, claimed
does not exceed the given Rupees
– A complaint shall be instituted in
a district forum within the local
limits of whose jurisdiction the
cause of action, wholly or partly
arise.

24. District Forum
• Procedure for filing
complaints.
– Who can file a complaint –
Consumer to whom a goods or
services is delivered, any
recognized consumer association,
one or more consumer and
central and state government.

25. District Forum
• Procedure for disposing of
complaints –
• Complaint relating to goods
– Referring samples to
laboratory
– Report of analysis

26. District Forum
• Procedure for disposing of complaints –
Complaint relating to service
– On the basis of evidence brought to its
notice by the complainant and the
opposite party, where the opposite party
denies or disputes the allegation
contained in the complaint.
– On the basis of evidence brought to its
notice by the complainant where the
opposite party omits or fails to take any
action to represent his case within the
time given by the forum

27. District Forum
• Findings of the district forum
– If after the proceedings conducted
under section 13, the district forum is
satisfied that the goods complained
against, suffer from any of the
defects specified in the complaint, it
shall issue an order to opposite party
to do one or more of following
things.
• To remove the defects in goods or
services.
• To replace goods with new goods.
• To return the complainants the price.
• Not to offer hazardous goods for sales.
• To withdraw hazardous goods from
being offered. .

28. District Forum
• Findings of the district forum
– Appeal against the orders of
district forum
– Any person aggrieved by an
order made by district forum may
prefer an appeal against such
order to the state commission
within a period of 30 days from
the date of order.

29. State Commission
• Composition of State
Commission - Each State
commission consists of
– A person who is qualified to
be a judge of high court who
shall be the president and
– Two other members who
shall be persons of ability,
integrity and standing.

30. State Commission
• Office and place of sitting of
State Commission.
– The office of the state commission
shall be located at the capital of
the state.
– The working days and office hours
of the state commission shall be
same as that of the state
government.
– The office seal and emblem of
state commission shall be such as
the government may specify.
– Sitting of the state commission
shall be convened by the
president.

31. State Commission
• Jurisdiction of the State
Commission.
– State commission shall have
jurisdiction to entertain complaints
where the value of goods and
services and compensation claimed
exceeding rupees five lakhs but not
exceeding 20 lakhs.
– State commission shall have
jurisdiction to entertain appeals
against the order of any district
forum within the state and
– State commission shall have
jurisdiction to call for the records and
pass appropriate orders in any
customer dispute which is pending
before any district forum within the
state.

32. State Commission
• Procedure for filing
complaints before state
commission and disposal
by the state commission
– Procedure for filing
complaints before the state
commission, procedure
followed on receipt of the
complaint by the state
commission, findings of the
state commission etc are
same as those application.

33. State Commission
• Appeal against the orders of
the state commission.
– Any person aggrieved by an
order made by State
commission may prefer an
appeal against such order to
the National commission within
a period of 30 days from the
date of order.
– National commission may
entertain an appeal after the
expiry of the said period of
thirty days if it is satisfied that
there was sufficient cause for
not filing it within the period.

34. National Commission
• Composition of National
Commission - Each National
commission consists of
– A person who is qualified to
be a judge of supreme court
who shall be the president
and
– Two other members who
shall be persons of ability,
integrity and standing.

35. National Commission
• Office and place of sitting of
National Commission.
– The office of the National
commission shall be located in
Delhi.
– The working days and office hours
of the state commission shall be
same as that of the Central
government.
– The office seal and emblem of
district forum shall be such as the
government may specify.
– Sitting of the National commission
shall be convened by the
president.

36. National Commission
• Jurisdiction of the National
Commission.
– National commission shall have
jurisdiction to entertain complaints
where the value of goods and
services and compensation claimed
exceeding rupees twenty five lakhs.
– National commission shall have
jurisdiction to entertain appeals
against the order of any state
commission within the country and
– National commission shall have
jurisdiction to call for the records and
pass appropriate orders in any
customer dispute which is pending
before any state commission within
the country

37. National Commission
• Appeal against the orders of
the National commission.
– Any person aggrieved by an
order made by national
commission may prefer an
appeal against such order to
the supreme court within a
period of 30 days from the date
of order.
– Supreme court may entertain
an appeal after the expiry of
the said period of thirty days if
it is satisfied that there was
sufficient cause for not filing it
within the period.

38. National Commission
• Sitting of the national
commission and signing of
orders
– Every proceedings of the
national commission shall be
conducted by the president
and at least two members
thereof sitting together.
– Every order made by the
national commission shall be
signed by the president and at
least two members who
conducted the proceedings.