1 the Consumer Protection Act 19863 (1)

7/31/2019 1 the Consumer Protection Act 19863 (1)

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TheThe

ConsumerConsumer

By:

Mayank JainTeena TanejaAbhishek DhawanDeepikaNeetu Maurya


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Consumers rights in

IndiaOn 24 December 198624 December 1986 govt. of

India enacted the consumer protectionact 1986 to:

Ensure Rights of Consumers

Provide Remedies for deceivedConsumers

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INDEX

Definitions. ConsumerProtectionCouncils.

ConsumerDisputes Redressal

Agencies.


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ObjectiveAn Act to provide forbetter protection of

the interests of consumers and for that

purpose to make provision for theestablishment of consumer councils andother authorities for the settlement ofconsum-ers' disputes and for matters

connected therewith.


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1.Definitions.

A.) "consumer" SEC.2(1)(D) meansany person who:

buys any goods for a consideration, hires or avails of any services for a

consideration,

uses such goods with the approval ofperson who has bought such goods forconsideration.

is beneficiary of services with theapproval of person who has hired theservices for consideration.


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The term consumer does not include :

One who buysgoods forCommercialpurposes.

One who has not boughtthe goods.

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B.) Not a Consumer


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C. Person "person" includes,

a firm whether registered or not;

a Hindu undivided family; a co-operative society;

every other association of persons

whether registered under the SocietiesRegistration Act, 1860 (21 of 1860) ornot;


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D.) Service

"service" means service of anydescription which is made available to

potential users and includes, the provisionof facilities in connection with banking,financing insurance, transport, processing,

supply of electrical or other energy


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Continued

board or lodging or both, housing

construction, entertainment,amusement or the purveying of newsor other information, but does notinclude the rendering of any service

free of charge or under a contract ofpersonal service;


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Consumer dispute

These are the allegations made by aconsumer with respect to any defects in

the goods or any deficiency in servicesprovided

If the person against whom complaint ismade agrees to the complaint ,there isno consumer dispute


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"complaint" means any allegation inwriting made by a complainant that

an unfair trade practice or a restrictive

trade practice has been adopted byany trader or service provider;

the goods bought by him or agreed tobe bought by him; suffer from one ormore defects;

Continued


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Continued

the services hired or availed of oragreed to be hired or availed of by himsuffer from deficiency in any respect;

a trader or service provider, as thecase may be, has charged for thegoods or for the service mentioned inthe complaint a price in excess of theprice.


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Continued

goods which will be hazardous to life

and safety when used or being offeredfor sale to the public.

services which are hazardous or likelyto be hazardous to life and safety of

the public when used.


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CONSUMER PROTECTIONCOUNCILS OR THREE TIERS

3 TIERS

CENTRAL COUNCIL STATE COUNCIL DISTRICT COUNCIL


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CONSUMER PROTECTIONCOUNCILS

Central Consumer Protection Council.

The Central Council shall consist of thefollowing members,

the Minister in charge of the consumeraffairs in the Central Government, who shallbe its Chairman, and

such number of other official or non-officialmembers represent-ing such interests asmay be prescribed.


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Continued

Objects of the Central Council.

The objects of the Central Council shallbe to promote and protect the rights ofthe consumers such as,

the right to be protected against themarketing of goods and services whichare hazardous to life and property;


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Continued

the right to be assured, wherever

possible, access to a variety of goodsand services at competitive prices;

the right to be heard and to be assuredthat consumer's interests will receive

due consideration at appropriateforums;


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Continued

the right to be informed about thequality, quantity, potency, purity,standard and price of goods or

servicesthe right to seek redressalagainst unfair trade practices orrestrictive trade practices orunscrupulous exploitation of con-sumers;

and the right to consumer education.


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Procedure for meetings ofthe Central Council.

The Central Council shall meet as andwhen necessary, but at least one meetingof the Council shall be held every year.

The Central Council shall meet at suchtime and place as the Chairman maythink fit and shall observe such procedure

in regard to the transaction of itsbusiness as may be prescribed.


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State Consumer ProtectionCouncils.

The State Council shall consist of thefollowing members, namely:

the Minister incharge of consumer affairsin the State Government who shall be itsChairman;

such number of other official or non-

official members representing suchinterests as may be prescribed by theState Government.


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such number of other official or non-

official members, not exceeding ten,as may be nominated by the CentralGovernment.

Continued


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Procedure for meetings of theState Council.

The State Council shall meet as and whennecessary but not less than two meetingsshall be held every year.

The State Council shall meet at such timeand place as the Chairman may think fitand shall observe such procedure in

regard to the transaction of its businessas may be prescribed by the StateGovernment.


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Objects of the State Council.

The objects of every State Councilshall be to promote and protect withinthe State the rights of the consumers.

Continued


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District Consumer ProtectionCouncil

It consist of the following members,namely

the Collector of the district (by whatevername called), who shall be its Chairman;

such number of other official and non-official members representing such

interests as may be prescribed by theState Government.


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Procedure for meetings of theDistrict Council.

The District Council shall meet as andwhen necessary but not less than twomeetings shall be held every year.

The District Council shall meet at suchtime and place within the district as theChairman may think fit and shall observe

such procedure in regard to thetransaction of its business as may beprescribed by the State Government.


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The objects of every District Council

shall be to promote and protect withinthe district the rights of the consumers

Continued


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CONSUMER DISPUTESREDRESSAL AGENCIES

Redressal Forums.

District Forums - a ConsumerDisputes Redressal Forum to be knownas the "District Forum" established bythe State Government in each district

of the State by notification:


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Each District Forum shall consist of,

a person who is, or has been, or isqualified to be a District Judge, who shallbe its President;

two other members, one of whom shallbe a woman, who shall have the followingqualifications, namely

Continued


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be not less than thirty-five years of age,

possess a bachelor's degree from arecognised university,

be persons of ability, integrity andstanding, and have adequate knowledgeand experience of at least ten years indealing with problems relating toeconomics, law, commerce, accountancy,industry, public affairs or administration:

Continued


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Jurisdiction of the DistrictForum.

The District Forum shall have jurisdictionto entertain complaints where the valueof the goods or services and thecompensation, if any, claimed ''does notexceed rupees twenty lakhs.


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State Commission - A Consumer

Disputes Redressal Commission to beknown as the "State Commission"established by the State Governmentin the State.

Continued


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Each State Commission shall consistof

A person who is or has been a Judgeof a High Court, appointed by theState Government, who shall be its

President.

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not less than two, and not more than such numberof members, and one of whom shall be a woman,who shall have the following qualifications, namely:

- be not less than thirty-five years of age;- possess a bachelor's degree from a recognised

university;

- be persons of ability, integrity and standing, and

have adequate knowledge and experience of atleast ten years in dealing with problems relating toeconomics, law, commerce, accountancy, industry,public affairs or administration:

Continued


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Jurisdiction of the SC

The State Commission shall havejurisdiction to entertain complaintswhere the value of the goods orservices and the compensation, if any,claimed ''exceeding rupees

twenty lakhs but less than onecrore.


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National Commission - A NationalConsumer Disputes Redressal knownas the " National Commission isestablished by the CentralGovernment .

Continued


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Jurisdiction of the NationalCommission.

The National Commission. shallhave jurisdiction to entertaincomplaints where the value of thegoods or services and thecompensation, if any, claimed

''exceeding rupees one crore.


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THANK YOU!!!

Documents

1 the Consumer Protection Act 19863 (1)