Consumer Protection Act, 1986(SMOT School Of Business)

8/7/2019 Consumer Protection Act, 1986(SMOT School Of Business)

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CONSUMER PROTECTION

ACT, 1986


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Objective

The act seeks to provide better protection in the interests of consumers for the

purpose, to make provision for the establishment of Consumer councils and other

authorities for the settlement of consumer disputes and for matter connected

therewith.

To promote and protect the rights of consumers

To provide speedy and simple redressal to consumer disputes


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WHO IS A CONSUMER?

Two kinds of consumer under the Act

Consumer of goods / services

buys or agrees/hires or avails to buy goods/ any

services

any user of such goods / service

does not include a person who obtains such goods for

resale or for any commercial purpose


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CONSUMER'S RIGHTS Right to safety against hazardous goods and

services

Right to be informed about quality, quantity, purity,standard, price

Right to choose from a variety at competitive prices

Right to be heard

Right to seek redressal

Right to consumer education


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UNFAIR TRADE PRACTICE

Adopting unfair methods or deception to promote sale, use

or supply of goods or servicesMisleading public about price (e.g. bargain price when it is

not so).

Charging above MRP printed.

Misleading public about anothers goods or services.

Falsely claiming a sponsorship, approval or affiliation.

Offering misleading warranty or guarantee.

CONSUMERS NEED PROTECTIONAGAINST


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CONSUMERS NEED PROTECTION

AGAINST

RESTRICTIVE TRADE PRACTICE

Price fixing or output restraint (delivery/flow of supplies to

impose unjustified costs/restrictions on consumers)

Collusive tendering; market fixing territorially amongcompeting suppliers, depriving consumers of free choice, fair

competition.

Supplying only to particular distributors or on condition of

sale only within a territory.

Delaying in supplying goods/services leading to rise in price.

Requiring a consumer to buy/hire any goods or services as a

pre-condition for buying/hiring other goods or services.


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CONSUMERS NEED PROTECTIONAGAINST

DEFECTS

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 impliedor as is claimed by the trader in any manner whatsoever in relation to

any goods.

DEFICIENCYAny 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.


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COMPLAINT

What constitutes a complaint?

Who can file a complaint

Where to file a complaint

How to file a complaint

Procedure for filing the appeal


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"complaint" means any allegation in writing made by a complainantthat-

(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader orservice provider

(ii) the goods bought by him or agreed to be bought by him suffer from one or more

defects

(iii)the services hired or availed of or agreed to be hired or availed of by him suffer from

deficiency in any respect;

(iv) a trader or the service provider, as the case may be, has charged for the goods or for

the services mentioned in the complaint, a price in excess.

(v) goods/ service which will be hazardous to life and safety when used, are being-offered

for sale to the public


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Amount ofCompensation YouSeek

Form/ Commission President Other Members

Up to Rs. 20 Lakh

District Consumer

Disputes RedressalForum

Must be qualified tobe a District Judge.

Two other members;

one must be awoman

Rs. 20 Lakh to Rs. 1Crore

State ConsumerDisputes RedressalCommission

Must be a personwho is or has been aJudge of a High

Court.

At least two othermembers.

Higher than Rs. 1Crore

National ConsumerDisputes RedressalCommission

Must be a personwho is or has been aJudge of theSupreme Court

At least four othermembers.

FORUM & JURISDICTION


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APPEAL

Form/

CommissionJurisdiction Appeal To

Time foradmissability/Appeal

Amount To be

paid

DistrictConsumerDisputesRedressal

Forum

within the locallimits (TheDistrict)

State ConsumerDisputesRedressal

Commission

21 days/ 30days

50% of Amountprescribed/Rs.25000 whichever is less

State ConsumerDisputesRedressalCommission

State ConsumerDisputesRedressalCommission

NationalConsumerDisputesRedressal

Commission

21 days/ 30days



Commission


Commission

Supreme Court21 days/ 30days



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ESSENTIAL INFORMATION IN THEAPPLICATION

Name and full address of complainant

Name and full address of opposite party

Description of goods and services

Quality and quantity

Price

Date & proof of purchase

Nature of deception

Type of redressal prayed for


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BENEFITS & RELIEFS

Benefit

Disposal within 90 days

No adjournment shall ordinarily be granted - Speedy trialRelief

Removal of defects in goods or deficiency in services.

Replacement of defective goods.

Refund against defective goods or deficient services.

Compensation.

Prohibition on sale of hazardous goods.


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Documents

Consumer Protection Act, 1986(SMOT School Of Business)