The Consumer Protection Act 1986 was enacted to better protect the interests of consumers, protect consumer rights, and provide simple, speedy and inexpensive redressal to consumer disputes. The key rights established for consumers include the right to be protected against unfair trade practices, the right to be informed about product quality and pricing, the right to choice and competitive pricing, the right to be heard, and the right to seek redressal. The Act covers all goods and services across private, public and cooperative sectors. It defines key terms and establishes a three-tier quasi-judicial mechanism for consumer dispute redressal at the district, state and national levels.

1. CONSUMER PROTECTION ACT
1986

2. OBJECTIVES
• Better protection of interests of consumers
• Protection of rights of consumers
• To provide simple, speedy & inexpensive redressal to the consumers
disputes

3. EXTENT & COVERAGE OF THE ACT
• The act applies to all goods & services
• Covers all the sectors: private, public or cooperative
• The provisions of the Act are compensatory in nature

4. RIGHTS OF CONSUMER
• Rights to be PROTECTED against the marketing of the good & services which are
hazardous to life & property
• To be INFORMED about the quality, quantity, potency, purity, standard & the price
of good 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 good &
services at competitive prices
• The right to be HEARD & to be assured that the consumers’ interests will receive
due consideration at appropriate forums
• The right to seek REDRESSAL against unfair trade practices or exploitation of the
consumer
• The right to consumer EDUCATION

5. DEFINITION
Appropriate laboratory:
• It means a laboratory or organisation…
Recognised by the Central Government or by a State Government or
any laboratory or organisation, established by or under any law for the
time being in force which is maintained, financed or aided by the
Central Government or State Government
• For carrying out the analysis or the test of any goods with a view to
determined whether such goods suffer from any defect

6. Complainant means:
1. A consumer; or
2. Any voluntary consumer association registered under the
Companies act,1956 or under any other law for the time being in
force; or
3. The Central Government or any State Government who or which
makes a complaint; or
4. One or more consumers where there are numerous consumers
having the same interest.

7. Complaint:
• It means any allegation in writing made by a complainant that:
1. An unfair trade practice or a restrictive trade practice has been
adopted by any trader.
2. The goods bought by him or agreed to be bought by him suffer from
one or more defects
3. The services hired or availed of or agreed to be hired or availed by
him suffer from deficiency in any respect.

8. Consumer: section 2(d)
• Any person who buys or agrees to buy any good or one who hires or
avails any services for a consideration which has been paid or
promised or partly paid and partly promised or under any system of
deferred payment
• It includes any beneficiary of such services other than the one who
actually hires or avails of the services for consideration & such
services are availed with the approval of such a person

9. Cont.
• The trader has changed for the goods mentioned in the complaint a
price in 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
any law for the time being in force

10. Service:
• Means service of any description which is made available to potential users and includes
provisions of facilities in connections 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.

11. Goods: section 2(7)
• Goods as defined in the Sale of Goods Act, 1930.
• Under the Act goods means
Every kind of movable property other than actionable claims and
money, and includes stocks and shares, growing crops, grass and things
attached to or forming part of land which are agreed to be served
before sale or under the contract of sale”

12. Consumer Dispute:
• Means a dispute where the person against whom a complaint has
been made, denies or disputes the allegations contained in the
complaint.

13. Restrictive trade practice:
• Means a trade practice which tends to bring about manipulation of
price or 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.
• Any trade practice which makes delay beyond the period agreed to be
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.
• Any trade practice which requires a consumer to buy, hire or avail of
any goods or as the case may be services as condition precedent to
buying, hiring or availing of any other goods or services.

14. Defect:
• It 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 under any
contract, express or implied or as is claimed by the trader in any
manner, whatsoever in relation to any goods.

15. Deficiency:
• Means any fault, imperfection, 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.

16. Spurious goods and service
• Means such goods and services which are claimed to be genuine but
they are actually not so.

17. Who can file a complaint?
1. A consumer.
2. Any voluntary consumer organization 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.

18. Case of
Upbhokta Sanrakshan Samiti versus Winsard Foods Ltd.
• The consumer association found that,
The biscuit packet sold by a food company were less in weight.
A complaint, 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
provision or any consumer association to represent it.
When there are numerous consumers having the same interest one or more
consumers must file the complaint on behalf of others.

19. REDRESSAL MACHINERY UNDER THE ACT
1. National Commission
Claim less than or equal to Rs.20 lakhs
2. State Commission
Claim exceeds Rs.20 lakhs but does not exceed Rs.1 Crore
3. District Forum
Claim exceeds Rs.1 Crore

20. HOW TO FILE A COMPLAINT?
• There is no fee for filing a complaint before the District Forum, the
State Commission or the National Commission.
• There should be three to five copies of the complaint on plane paper.
• The complaint can be sent by post to the appropriate Forum.
• The complaint should be sign by the complainant.
• The complaint is to be filled within 2 years from the date on which
the cause of action has arisen.

21. A Complaint should contain the following:
1. The name, description & the address of the complainant.
2. The name, description & the 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 & when and where it arose.
4. The documents, if any in support of the allegation contained in the
complaint.
5. The relief which the complaint is seeking.

22. RELIEF AVAILABLE TO THE CONSUMERS
1. Removal of defects from the goods.
2. Replacement of the goods.
3. Refund of the price paid.
4. Award of compensation for the loss or injury suffered.
5. Removal of defects or deficiencies in the services.
6. Discontinuance of unfair trade practices or restrictive trade
practices or direction not to repeat them.
7. Withdrawal of the hazardous goods from offered to sale or award
for adequate costs to parties.

23. PROCEDURE FOR FILING THE APPEAL
• Period of 30 days
• Procedure is same as the complaint except,
The application should be accompanied by the orders of the
District/State Commission as the case may be & the grounds for filing
the appeal should be specified.

24. Jago
Grahak
Jago