7/31/2019 1 the Consumer Protection Act 19863 (1)
1/37
1
TheThe
ConsumerConsumer
By:
Mayank JainTeena TanejaAbhishek DhawanDeepikaNeetu Maurya
7/31/2019 1 the Consumer Protection Act 19863 (1)
2/37
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
2
7/31/2019 1 the Consumer Protection Act 19863 (1)
3/37
3
INDEX
Definitions. ConsumerProtectionCouncils.
ConsumerDisputes Redressal
Agencies.
7/31/2019 1 the Consumer Protection Act 19863 (1)
4/37
4
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
5/37
5
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
6/37
The term consumer does not include :
One who buysgoods forCommercialpurposes.
One who has not boughtthe goods.
6
B.) Not a Consumer
7/31/2019 1 the Consumer Protection Act 19863 (1)
7/37
7
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;
7/31/2019 1 the Consumer Protection Act 19863 (1)
8/37
8
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
7/31/2019 1 the Consumer Protection Act 19863 (1)
9/37
9
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;
7/31/2019 1 the Consumer Protection Act 19863 (1)
10/37
10
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
7/31/2019 1 the Consumer Protection Act 19863 (1)
11/37
11
"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
7/31/2019 1 the Consumer Protection Act 19863 (1)
12/37
12
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
13/37
13
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
14/37
CONSUMER PROTECTIONCOUNCILS OR THREE TIERS
3 TIERS
CENTRAL COUNCIL STATE COUNCIL DISTRICT COUNCIL
7/31/2019 1 the Consumer Protection Act 19863 (1)
15/37
15
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
16/37
16
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;
7/31/2019 1 the Consumer Protection Act 19863 (1)
17/37
17
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;
7/31/2019 1 the Consumer Protection Act 19863 (1)
18/37
18
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
19/37
19
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
20/37
20
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
21/37
21
such number of other official or non-
official members, not exceeding ten,as may be nominated by the CentralGovernment.
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
22/37
22
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
23/37
23
Objects of the State Council.
The objects of every State Councilshall be to promote and protect withinthe State the rights of the consumers.
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
24/37
24
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
25/37
25
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
26/37
26
The objects of every District Council
shall be to promote and protect withinthe district the rights of the consumers
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
27/37
27
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:
7/31/2019 1 the Consumer Protection Act 19863 (1)
28/37
28
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
7/31/2019 1 the Consumer Protection Act 19863 (1)
29/37
29
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
7/31/2019 1 the Consumer Protection Act 19863 (1)
30/37
30
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
31/37
31
State Commission - A Consumer
Disputes Redressal Commission to beknown as the "State Commission"established by the State Governmentin the State.
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
32/37
32
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.
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
33/37
33
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
7/31/2019 1 the Consumer Protection Act 19863 (1)
34/37
34
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
35/37
35
National Commission - A NationalConsumer Disputes Redressal knownas the " National Commission isestablished by the CentralGovernment .
Continued
7/31/2019 1 the Consumer Protection Act 19863 (1)
36/37
36
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.
7/31/2019 1 the Consumer Protection Act 19863 (1)
37/37
37
THANK YOU!!!