The Consumer Protection Act, 1986

Submitted to:
Prof. Anant Amdekar
Submitted by:
(Group 2)
Aditya Shetty(17BSP0150)
Akash Gupta(17BSP0225)
Akshay Jain(17BSP0253)
Amardeep Kumar(17BSP0294)
Aniket Abhyankar(17BSP0337)
Ankit Singh(17BSP0378)
Ankita Prashar(17BSP0381)
The Consumer Protection Act, 1986

Anuradha Saha
Case

JUDGE

CASE LAW
Background

Past laws
 The Indian Contract Act, 1872
 The Sales of Good Act,1930
 Dangerous Drugs Act,1930
 Drugs and Cosmetics Act,1940
 Prevention of Food Adulteration Act,1954
 Essential Commodities Act,1955
Introduction

 The Act received the President assent on 24th December, 1986

 The Act extent to the whole of India except the State of Jammu and
Kashmir
 Applies to all goods and services unless otherwise notified by
Central Government
 Changes have been bought by Consumer Protection (Amendment)
Act, 2002 which came into force w.e.f March 2003
The Base of this Act
Consumer
Protection Act, 1986
is based on

"Consumer sovereignty"

(a counter doctrine
for "Doctrine of
Caveat emptor")
Purpose of Consumer
Protection Act
Objective

 To provide better protection of the interest of consumers

 To make provisions for the establishment of consumer councils and
other authorities for the settlement of disputes and the matter
connected with.
 Key Terms:
1. WHO IS A CONSUMER ?
2. WHO IS NOT A CONSUMER ?
3. DEFECT ?
4. DEFICIENCY ?
5. UNFAIR TRADE PRACTICES ?
Rights of the Consumer

 Right to Basic Needs

 Right to Safety
 Right to Information
 Right to Choose
 Right to be Heard
 Right to Redress
 Right to Consumer Education
 Right to a Healthy Environment
3- tier Consumer
Redressal System
DISTRICT, STATE, NATIONAL
3-Tier System
Manner in which complaint shall be made (Sec. 12) –
A complaint may be filed with a District Forum by –
1. the consumer to whom such service is provided or is agreed to be provided;
2. any recognized consumer association, whether the consumer to whom the service is provided or
is agreed to be provided is a member of such association or not ;
3. one or more consumers, where there are numerous consumers having the same interest, with the
permission of the district forum, on behalf of or for the benefit of all consumers so interested ;
4. The central govt. or state govt. as the case may be, either in its individual capacity or as a
representative of interests of the consumers in general.

Procedure of complaint (Sec.13)-

1. Complaint related to goods/Services
2. Denial of allegation by opposite party
3. Settlement of dispute
 Procedure for filling the appeals

Appeal against order passed by the

 District Forum State Commission
 State Commission National Commission
 National Commission Supreme Court
 Within a period of 30 days from the date of an order. An appeal may be entertained after expiry of
period provide Forum/Commission concerned is satisfied with cause of delay.
 Procedure for filing an appeal is the same as that of complaint, except that the application should
be accompanied by the orders of the District Forum or the State Commission or the National
Commission, as the case may be. The reasons for filing the appeal should be clearly specified.
 Hearing of an appeal (Sec. 19-A)

 An appeal filed before the State Commission or the National Commission shall be heard as
quick as possible and an attempt shall be made to finally dispose of the appeal within a
period of 90 days from the date of its admission .
 No adjournment shall be ordinarily granted by the State Commission or the National
Commission unless sufficient cause is shown and the reasons for grant of adjournment have
been recorded in writing by such Commission.
 Provided also that in the event of an appeal being disposed of after the period so specified,
the State Commission or, the National Commission, as the case may be, shall record in
writing the reasons for the same at the time of disposing of the said appeal.
 Consumer Guidance Society
of India (CGSI)
(1966-2018) 52 years in the service of consumer.
• They believe in consumer cause which includes value for money, value for people, value for
environment
• CGSI has reached out of lakhs of consumer
• Involved in consumer education
 For the urban and rural low income consumer
 School and college student
The activity of CGSI
1. Complaint redressal
2. Product testing
3. Consumer education for school/colleges
4. Publication
5. National award
Monthly Magazines By CGSI-
Keemat
HUL Customer Ombudsman Initiative
Indian Medical Association v V.P. Shanta

 Argument
 Judgment
 Critical Analysis
THANK YOU