Protection Act, 1986 The Consumer

By: Mayank Jain Teena Taneja Abhishek Dhawan Deepika 1 Neetu Maurya

Consumers rights in India

On 24 December 1986 govt. of India enacted the consumer protection act 1986 to: Ensure Rights of Consumers Provide Remedies for deceived Consumers
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INDEX

Definitions. Consumer Protection Councils. Consumer Disputes Redressal Agencies.

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Objective
An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

1.Definitions. A.) "consumer" SEC.2(1)(D) means any person who: buys any goods for a consideration, hires or avails of any services for a consideration, uses such goods with the approval of person who has bought such goods for consideration. is beneficiary of services with the approval of person who has hired the 5 services for consideration.

B.) Not a Consumer

The term consumer does not include : One who buys goods for Commercial purposes. One who has not bought the goods. Examples-: Winner of a lottery Warranty of free services User of sewerage system
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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 Societies Registration Act, 1860 (21 of 1860) or not;
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D.) Service
"service 2(1)(Q) means service of any description which is made available to potential users and includes, the provision of facilities in connection board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
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E.) Consumer dispute

These are the allegations made by a consumer with respect to any defects in the goods or any deficiency in services provided
If the person against whom complaint is made agrees to the complaint ,there is no consumer dispute

F.) Complaint

"complaint" means any allegation in writing made by a complainant that an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; the goods bought by him or agreed to be bought by him; suffer from one or more defects;
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Continued
the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price.services which are hazardous or likely to be hazardous to life and safety of the public when used. goods which will be hazardous to life and safety when used or being offered for sale to the public.

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Content of Consumer Complaint

Details of the complainant. Details of the opposite party or parties. The facts relating to complaint and when and where it arose. Documents, if any, in support of the allegations contained in the complaint. Relief which the complainant is seeking.

PROCEDURE ON ADMISSION OF COMPLAINT

Complaint relating to goods. Denial of allegation etc. by opposite party. Complaint relating to services. Denial, etc. of allegation by the opposite party Settlement of dispute. Proceedings of the district Forum final. Powers of the District Forum. Findings of the District Forum (sec. 14). Appeal(sec.15)

Unfair Trade practices

Unfair Trade Practice: It means a trade practice which, for the purpose of promoting the sale or supply of any goods or for the provision of any service, a trader adopts any unfair method practice is unfair trade practice. Making Statements Publication Gifts and prizes Withholding any scheme Sale or supply of goods Hoarding of goods Spurious goods

 Restrictive Trade Practice: It is one in which tends to bring manipulation of price or to affect the flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions. Defect Act 2(1)(f)-any fault, imperfection or shortcoming in the quality quantity potency purity or standard which is to be maintained in relation to any goods. Deficiency 2(1)(g)-any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance to be maintained in relation to any services.

Excessive Price: It is for the complaint to establish that the trader has charged for the goods mentioned in the complaint, a price in excess of the price. Like: Displayed on goods Displayed on any package containing such goods, etc. Hazardous Goods: Those goods which are hazardous to life and safety, traders shall display information regarding the contents, manner and effect of use of such goods. Such goods offered for sale without such display or caution can be a case of complaint.

CONSUMER PROTECTION COUNCILS OR THREE TIERS

3 TIERS
CENTRAL COUNCIL STATE COUNCIL DISTRICT COUNCIL

CONSUMER PROTECTION COUNCILS A) Central Council The Central Council shall consist of the following members, the Minister in charge of the consumer affairs in the Central Government, who shall be its Chairman, and such number of other official or non-official members representing such interests as may be prescribed.
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Objects of the Central Council. The objects of the Central Council shall be to promote and protect the rights of the consumers such as, the right to be protected against the marketing of goods and services which are hazardous to life and property; the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums; the right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
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 the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and the right to consumer education.

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Procedure for meetings of the Central Council.

The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
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B. State Consumer Protection Councils.

The State Council shall consist of the following members, namely: the Minister in charge of consumer affairs in the State Government who shall be its Chairman; such number of other official or non-official members representing such interests as may be prescribed by the State Government. such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government.
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Procedure for meetings of the State Council.

The State Council shall meet as and when necessary but not less than two meetings shall be held every year. The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.
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Objects of the State Council.

The objects of every State Council shall be to promote and protect within the State the rights of the consumers.

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C. District Council

It consist of the following members, namely the Collector of the district (by whatever name called), who shall be its Chairman; such number of other official and nonofficial members representing such interests as may be prescribed by the State Government.
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Procedure for meetings of the District Council.

The District Council shall meet as and when necessary but not less than two meetings shall be held every year. The District Council shall meet at such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.
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Objectives

The objects of every District Council shall be to promote and protect within the district the rights of the consumers

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REDRESSAL AGENCIES
Rederssal agencies
District State National

CONSUMER DISPUTES REDRESSAL AGENCIES

District Forums - a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification:

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Members of District Forum

Each District Forum shall consist of, a person who is, or has been, or is qualified to be a District Judge, who shall be its President; two other members, 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 at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
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Jurisdiction of the District Forum.

The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.

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B.STATE COMMISION

State Commission - A Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State.

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MEMBERS
Each State Commission shall consist of

A person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President. not less than two, and not more than such number of 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 at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
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Jurisdiction of the SC

The State Commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees twenty lakhs but less than one crore.
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C. National Commission

National Commission - A National Consumer Disputes Redressal known as the " National Commission is established by the Central Government .

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Jurisdiction of the National Commission.

The National Commission. shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees one crore.

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THANK YOU!!!

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