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Consumer Protection Act

The Consumer Protection Act 1986 was enacted to protect consumer rights and provide effective remedies for issues faced by consumers. It defines two types of consumers - those of goods and services - and outlines their key rights like safety, being well-informed, and choice. The Act established forums for grievance redressal at the district, state and national levels. It also describes unfair trade practices and restrictive trade practices harming consumers. The Act details the process for filing complaints related to defective goods, deficient services, excessive pricing and hazardous products. Upon addressing a valid complaint, the forums can offer remedies like removal of defects, replacements, refunds and compensation.

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Manas Paul
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50 views4 pages

Consumer Protection Act

The Consumer Protection Act 1986 was enacted to protect consumer rights and provide effective remedies for issues faced by consumers. It defines two types of consumers - those of goods and services - and outlines their key rights like safety, being well-informed, and choice. The Act established forums for grievance redressal at the district, state and national levels. It also describes unfair trade practices and restrictive trade practices harming consumers. The Act details the process for filing complaints related to defective goods, deficient services, excessive pricing and hazardous products. Upon addressing a valid complaint, the forums can offer remedies like removal of defects, replacements, refunds and compensation.

Uploaded by

Manas Paul
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CONSUMER PROTECTION ACT 1986

On 24 December 1986 Govt. of India enacted the Consumer Protection Act 1986 to:
• Ensure Rights of Consumers
• Provide Remedies for deceived Consumers
Guidelines
1. Protect from hazard to health & safety;
2. Promote & protect economic interests;
3. Provide adequate information for informed choice;
4. Consumer education;
5. Provide effective redress—formal and informal procedures;
6. Freedom to form groups & present views in decision-making affecting
consumers;
THE CONSUMER PROTECTION ACT, 1986 (ACT)
• Applicability
• Amendments
– Amendments in the year 1993
– Amendments in the year 2002
– Consumer Protection Regulations 2005
• Two kinds of consumer under the Act
– Consumer of goods
• buys or agrees to buy goods
• any user of such goods
– Consumer of services
• hires or avails any services
• any beneficiary of such service
CONSUMERS NEED PROTECTION AGAINST
UNFAIR TRADE PRACTICE
1. Adopting unfair methods or deception to promote sale, use or supply of
goods or services e.g.
2. Misleading public about price (e.g. bargain price when it is not so).
3. Charging above MRP printed.
4. Misleading public about another’s goods or services.
5. Falsely claiming a sponsorship, approval or affiliation.
6. Offering misleading warranty or guarantee.
RESTRICTIVE TRADE PRACTICE
1. Price fixing or output restraint re: delivery/flow of supplies to impose
unjustified costs/restrictions on consumers.
2. Collusive tendering; market fixing territorially among competing
suppliers, depriving consumers of free choice, fair competition.
3. Supplying only to particular distributors or on condition of sale only
within a territory.
4. Delaying in supplying goods/services leading to rise in price.
5. Requiring a consumer to buy/hire any goods or services as a pre-condition
for buying/hiring other goods or services.
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

DEFICIENCY
Any 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

CONSUMER'S RIGHTS UNDER THE CONSUMER PROTECTION ACT 1986


• 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.
FORUM & JURISDICTION
1. Consumer Disputes Redressal Forums (District Forum) -Claims less than or equal Rs.20
lacs.
2. Consumer Disputes Redressal Commissions (State Commission) - Claim more than
Rs.20 lacs & less than Rs.1 crore & appeals.
3. National Consumer Disputes Redressal Commission (National Commission) -Claim
equal to Rs.1 crore & appeals
WHO CAN FILE A COMPLAINT
• A Consumer
• Any Voluntary Consumer Organisation registered under the Societies Registration Act,
1860 or the Companies Act, 1951 or any other Law for the time being in force.
• The Central Government
• The State Government or Union Territory Administrations

WHAT CONSTITUTES A COMPLAINT


1. If you have suffered loss or damage as a result of any unfair/restrictive trade practices
adopted by the trader.
2. If the goods purchased suffer from any defect
3. If the Services hired/ availed of suffer from deficiencies in any respect
4. If you have been charged a price in excess of the price displayed or fixed by or under any
law in force
5. If the goods hazardous to life and safety, are being offered for sale to public in
contravention of any law in force

RELIEF AVAILABLE TO CONSUMERS


1. Removal of defects from the goods
2. Replacement of the goods
3. Refund of the price paid
4. Award of compensation for the loss or injury suffered
5. Removal of defects or deficiencies in the services
6. Award for adequate costs to parties
HOW TO FILE A COMPLAINT
• The name description and address of the complaints and the opposite party
• The Facts relating to complaint and when and where it arose.
• Documents in support of allegations in the complaint
• The relief which the complainants is seeking
• The complaint should be signed by the complainants or his authorized agent.
• No lawyer required for filing the complaint

WHERE TO FILE A COMPLAINT


www.ncdrc.nic.in
www.core.nic.in
Email: complaints@core.nic.in
CASE STUDY
1. Standard Chartered Bank: Refund of excess charges
Standard Chartered Bank at Mumbai, deducted the EMI amount from the savings bank account
of the consumer, Mr. Prabir Chetia, even after he submitted necessary papers for fore closure of
this loan account. Our notice to the bank resulted in refund of Rs. 3,000 to the consumer on 12-
2. Unit Trust of India: Non receipt of dividend
Mrs. Varsha Pandey of Sagar (MP) did not receive her revalidated dividend from Unit Trust of
India since February 1998.
Repeated reminders did not fetch any results. When the consumer did not receive the cheque
even after five years, she complained to us. The consumer received the amount within 30 days
after we issued notice to UTI in August 2003.
3. Annamalai University: Degree not delivered
Ms. Madhu Midha Roy of New Delhi did not receive her B. Ed. degree certificate from
Annamalai University for last 10 years, even after continuous calls to the registrar. We issued a
notice and the consumer received her degree on 8-12-2003, within 10 days of our notice.

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