CONSUMER

PROTECTION
Act ,1986
OBJECT
 An important tool for development
 The act seeks to provide for better
protection of the interests of
consumers
 The act apply to all goods and
services.
CONSUMER
For goods
Any person who buys goods for which the
payment has been made(partly or in full) or
promised to be paid.
Note
goods purchased for resale or for use in a
large scale profit making won’t be consumer,
he cannot entitled protection under the Act.
CONSUMER
For service
A consumer means a person who hires or
avails any service for a consideration, which
has been paid or promised or partly paid and
partly promised.
CONSUMER RIGHTS
 To be protected against mktg of goods which
are hazardous to life and property.

 To be informed about the quality, quantity,

purity and price of goods.

 The right to be assured, wherever possible,

access to a variety of goods at a competitive
price.
CONTD…
 Right to seek remedy against unfair trade
practices.
 Right to consumer education.

[The act extends to the whole nation except

J&K]
LATEST AMENDMENT: 1993
The main highlights of the amended
Consumer protection Act are:
 Class action suits allowed.
 Housing construction specifically brought
within the scope of the act.
 Complaints against deficiency in goods or
services.
 A limitation period of 2 years for filling
complaints has been provided.
COMPLAINANT
According to Indian Consumer Protection
Act,1986
a) A consumer

b) The central Govt. or any State Govt.

c) One or more consumers.

(class action)[sec.2(1)(b)]
 COMPLAINT
 An unfair trade practice.

 Goods suffer from one or more defects.

 Service suffer from deficiency

 Offering goods in excess of the price fixed.

CONSUMER DISPUTE
 [sec.2(1)(e)]

 Where the person against whom a complaint

has been made, denies or disputes the
allegations contained

Note:- If complaint accepted, then there is

no “consumer dispute”
DEFECT
[sec.2(1)(f)]
 Any fault, imperfection or shortcoming in the
quality, potency quantity, purity or standard
in goods found.
DEFICIENCY
 [sec.2(1)(g)]

 Any fault, imperfection, shortcoming or

inadequacy in the quality, nature and
manner of performance.
Live Example:-
“Not providing berth against reserved
accommodation is deficiency in
service”
REDRESSAL MACHINERY UNDER
THE ACT [SEC. 9 TO 27]
 The act provides for a three tier quasi-
judicial redressal machinery for the redressal
of consumer disputes and grievances:-

1. District forum[9 to 15]

2. State commission [16 to 19]

3. National commission[20 to 24]

DISTRICT FORUM
 Composition: section 10(1) provides that each
district forum shall consists of:-
a) A person who is ,or who has been or qualified
to be ,a District judge who shall be its
President.
b) Two other members one of whom shall be a
woman and their qualification.
i. be not less than 35 of years of age.
ii. Possess a bachelor’s degree from a recognized
university.
iii. Be person of ability, integrity and standing and
have adequate knowledge.
JURISDICTION :-
 The D.F. shall have jurisdiction where the
value of goods and services and the
compensation doesn’t exceed 20,00,000.

 The opposite party at the time of complain

actually and voluntarily resides or carries on
business.

 The cause of action, wholly or in part arises.

STATE COMMISSION(16 TO 19)
 Composition: section 16(1) provides that
each state commission is shall consists of :

a) A person who is or has been a judge of High

court appointed by the state government
who shall be its President.
JURISDICTION:-
a) Complaints where the value of goods or
services and compensation claimed
exceeds rupees 20,00,000 but does not
exceed Rs 1cr.
NATIONAL COMMISSION
 Composition: section 20(1) provides that
national commission shall consists of :
a) A person who is or has been a judge of
supreme court, to be appointed by central
government who shall be its president.
b) Not less than four members including one
woman.
JURISDICTION:-
 Section (21) provides that national
commission shall have jurisdiction :
a) To entertain complains where value of
goods or services and the compensation
claimed exceeds rupees 1cr.
b) To entertain appeals against the orders of
any state commission.
THANKING
YOU
PREPARED BY:-

GROUP NO. 2