By Akash Saxena

CONSUMER PROTECTION ACT

By Akash saxena
 By Akash Saxena

CONSUMER PROTECTION ACT, 1986

INTRODUCTION:

In India with industrialization and economic development, the population

of consumers and the volume of consumption of goods and services
increased. The United Nations organized a session on the need for the
protection of consumers. The govt of India also realized that consumers
need to be protected by the Consumer Protection Act, 1986. The act
extends to the whole of India except the state of Jammu and Kashmir.
 By Akash Saxena

OBJECTS OF THE ACT :

1. To provide better protection of the interest of consumers .
2. It provides an effective protection to consumers against UTP and
unsatisfactory supply of goods and services.
3. To save consumers from exploitation.
4. To provide correct information regarding the product.
5. The act provides consumer councils and authorities for settlement of
consumer’s disputes.
 By Akash Saxena

RIGHTS OF THE CONSUMER UNDER THE ACT

 RIGHT TO SAFETY:
The goods bought or services used should not be hazardous to health
or life of the consumers. The products available in the market should
not bring any physical danger to them. The consumers should be
protected against marketing of goods and services which are
hazardous to life.

 RIGHT TO BE INFORMED:
The consumer should be informed about the quality, quantity, purity,
standard and price of goods and services so as to protect the
consumers against fraudulent, misleading information etc.
 By Akash Saxena

COND.
 RIGHT TO BE HEARD:
Consumer should be assured that their interest will receive sympathetic
consideration in the formulation of govt policy at appropriate forums.

 RIGHT TO CHOOSE:
Consumers should be assured where ever possible to access to a variety of
products and services at competitive prices and even in competitive market
consumer should have an assurance of satisfactory quality services at fair
prices.

 RIGHT TO CONSUMER EDUCATION:

Consumers should be get aware by publishing material and magazines for
the benefit of consumers such as magazine like “UPBHOKTA JAGRAN and
advertisement like “Jago Grahak Jago.”
 By Akash Saxena

COND.
 RIGHT TO REDRESSAL:
The right ensures compensation to consumers for the loss suffered by
them or injury caused by them to seller. It helps them to prevent from
exploitation.

 CONSUMER PROTECTION COUNCILS:

The above said objects are sought to be promoted and protected by the
consumer protection councils established at the central, state and
district levels.
 By Akash Saxena

JUDICIARY MACHINERY FOR REDRESSAL OF

CONSUMER DISPUTES:

The following consumer disputes redressal agencies are envisaged:

1. District Forums at District Level,

2. State Commissions at State Level,

3. National Commission at Central or National level.

 By Akash Saxena

MEANING OF SOME IMPORTANT TERMS:

 CONSUMER
According to act consumer means any person who
a) Buys any goods for consideration which has been paid or promised or
partly paid and partly promised or under any system of deferred
payment when such use is made with the approval of such person but
does not include a person who obtains such for resale.
b) Hires or avails any services for consideration which has been paid or
promised or partly paid or promised.

 GOODS:
Goods means every kind of moveable property other than money and
includes stocks and shares, growing crops, grass and things attached to
or forming a part of land.
 By Akash Saxena

COND.
 SERVICES:
Service means service of any description which is available to potential users
and includes the provision of facilities like banking, financing, insurance,
transport, processing, supply of electrical or other energy, housing
construction, entertainment etc but not include any service free of charge.
 COMPLAINTANT:
It means:
a) A consumer; or
b) Any voluntary consumer association registered under Companies Act 1956;
or
c) The central govt or any state govt; or
d) One or more consumers in case of death his legal heir or representative
who makes complaint.
 By Akash Saxena

COND.
 COMPLAINT:
It means any allegation in writing made by a complainant with a view to
obtaining any relief under the act.

 RTP:
RTP means a trade practice which tends to be bring about manipulation
of price or its conditions of delivery or to affect flow of supplies in the
market relating

 UTP:
It means any practice which tends to be unfair and restricted to be
followed.
 By Akash Saxena

COND.
 Defect:
It means any fault, imperfection, shortcoming in the quality, quantity,
purity or standard which is required to be maintained under any law.
 Deficiency:
It is defined to mean any fault, imperfection, shortcoming or inadequacy
in the quality, nature and manner of performance which is required to be
maintained under any law.
 Person:
It includes:
a) A firm whether registered or not;
b) A Hindu Undivided Family;
c) A cooperative Society;
 By Akash Saxena

COND.
a) Every other association of persons whether registered under the act or
not.

 Consumer Dispute:
It means a dispute where the person against whom a complaint has
been made, denies or disputes the allegations contained in the
complaint.
 Manner of Making a Complaint:
a) A complaint can be made by any complainant in relation to any goods.
b) Complaint shall be filed along with fees as prescribed.
c) Admissibility of the complaint shall be decided within 20 days.
d) A complaint may be proceeded or rejected.
 By Akash Saxena

COND.
 Procedure on Admission of Complaint:
1. If a complaint relates to any goods, a copy of the admitted complaint should be
given to opposite party within 21 days.
2. If the opposite party denies or disputes the complaint or fails to omits to take any
action within the given time i.e. 30 days then complaint shall be proceeded
further.
3. If the defect in goods needs analysis or testing a sample of the goods shall be
sent to lab for a report within 45 days.
4. The fees for the laboratory shall be payable by the complainant.
5. The report of the laboratory test is given to the opposite party.
6. If any of the parties disputes the correctness of the report the objections shall be
made in writing.
7. If the complaint relates to any services or in respect of goods where lab test is
not required then a copy of the complaint is referred to the opposite party within
30 days.
 By Akash Saxena

COND.

 If the opposite party does not file any reply then the complaint shall be
decided exparte.
 If the opposite party denies or disputes the allegations made in
complaint, the matter will be decided on the basis of evidence.
 Every complaint shall be heard and shall be made to decided within 3
months when does not require analysis or testing.
 when it requires analysis and testing by any laboratory then it shall be
decided within 5 months.
 By Akash Saxena

COND.
 FINDINGS:
 The following orders can be made by the consumer dispute redressal
agency or can arrive to any of these findings:
1. To remove the defect pointed out by the appropriate laboratory from
the goods in question;
2. To place the goods with new goods of similar description which shall
be free from any defect.
3. To return to the complainant the price or ad the case may be, the
charges paid by the complainant;
4. To pay compensation.
 By Akash Saxena

COND.
1. To remove the defects in goods or deficiencies in services.
2. To discontinue the UTP or RTP or not to repeat them
3. Not to offer hazardous goods for sale
4. To cease manufacture of hazardous in nature.
5. To pay the sum in case of injury has sufferd by a large number of
consumer.
6. To issue corrective advertisement.
7. To provide adequate cost to parties.
 By Akash Saxena

CONCLUSION:
 The law relating to consumer protection will present the legal principles
for safeguarding the interests of the consumer.
 A consumer needs to be protected from UTP Or RTP practices followed
by the traders and manufacturers for the purpose of promoting sale.
 To save the consumer from exploitation.