Consumer

Protection Act,1986
& Intellectual
Property Law
ANANDI SARKAR PYNE
CONSUMER [SEC 2 (1) (d)]
CONSUMER [SEC 2 (1)(d)]
• Consumer also includes any user
of such goods other than the
buyer himself.
• Consumer does not include a
person who obtains goods for
resale or for commercial purpose.
OBJECT OF CONSUMER PROTECTION ACT

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PROTECTION OF RIGHTS OF CONSUMERS

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PROTECTION OF RIGHTS OF CONSUMERS

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CONSUMER DISPUTES REDRESSAL
AGENCIES [chapter III, Secs. 9 to
27]
CONSUMER DISPUTES REDRESSAL
FORUM -COMPOSITION[secs. 10 to 15]
a) A person who is qualified as a district judge, who shall be its
president;
b) Two other members, one of whom shall be a woman, who
shall have the following qualifications, namely,
1. Not less than 35 years of age;
2. Possess a bachelor’s degree from a recognised university;
3. Be persons of ability, integrity and standing, and have adequate
knowledge and experience of at least 10 years in dealing with
problems relating to economics, law, commerce, accountancy,
industry, public affairs or administration.

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 DISQUALIFICATINON OF MEMBER OF DISTRICT
FORUM
a) Convicted of any offence, has received imprisonment for any offence
which involves moral turpitude, in the opinion of the State
Government;
b) is an undischarged insolvent; or
c) Is of unsound mind and stands so declared by a competent court; or
d) Has been removed or dismissed from the service of the Government
or a body corporate owned or controlled by the Government; or
e) Such interest which may affect prejudicially the discharge of him of
his functions as a member; or
f) Has such other disqualifications as may be prescribed by the state
government.

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FEATURES OF DISTRICT FORUM

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DISTRICT FORUM-APPOINTMENT ON THE
RECOMMENDATION OF SELECTION COMMITTEE

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DISTRICT FORUM- TERM OF OFFICE
• Term of office- 65 years or 5 years
whichever is earlier.
• Re-appointment is possible on the basis
of qualifications and recommendations of
Selection Commission.
• Re-appointment terms of office- 65 years
or 5 years whichever is earlier.
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DISTRICT FORUM-Resignation
• A member may resign from his office in
writing under his hand addressed to the
State Government.
• On such resignation being accepted, he
shall vacant his office.
• The vacancy so caused may be filled by
appointment of a person possessing the
qualification mentioned under the act.

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DISTRICT FORUM- SALARY &
TERMS OF CONDITION OF SERVICE
• As prescribed by the State Government.
• Permanent appointment of members on
whole-time basis is made by the State
Government or on the recommendation
of the President of the State Commission.
[ as per Consumer Protection
(Amendment) Act, 2002]

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DISTRICT FORUM- JURISDICTION (SEC 11)

• VALUE OF GOODS/SERVICES &

COMPENSATION DOES NOT EXCEED
Rs. 2000000. subject to provisions-
– The party actually or voluntarily
resides or carries business or has a
branch office or personally works
for gain.

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RULES OF COMPLAIN [SEC 12 CONSUMER PROTECTION ACT
2002]

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PROCEDURE ON ADMISSION OF
COMPLAINT [SEC 13 consumer protection
(Amendment)Act, 2002]

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DENIAL OF ALLEGATION etc. BY
OPPOSITE PARTY

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DENIAL OF ALLEGATION etc. BY
OPPOSITE PARTY

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SETTLEMENT OF DISPUTE

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PROCEEDINGS OF THE DISTRICT FORUM
FINAL

• The proceedings complying with

the procedure laid down above
can not be called in question in
any court on the ground that the
principles of natural justice have
not been complied with.

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POWERS OF THE DISTRICT FORUM

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POWERS OF THE DISTRICT FORUM

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POWER OF THE DISTRICT FORUM

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APPEAL [ SEC 15]
• If any person aggrieved by an
order made by the District Forum
may prefer an appeal against
such order to the State
Commission within a period of 30
days from the date of order.

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Consumer Disputes
Redressal
Commission/ State
Commission
[Secs. 16 to 19]
COMPOSITION [SEC 16]

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FEATURES OF STATE COMMISSION

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JURISDICTION [SEC 17 (1)]

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TRANSFER OF CASES [Consumer
Protection (Amendment) Act, 2003 [sec
17-A]

• State commission has the right to

transfer any complaint pending
before the District Forum to
another District Forum within the
state if the interest of justice so
requires.

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CIRCUIT BENCHES [Consumer Protection
(Amendment) Act, 2003 [sec 17-B]

• State Commission can operate in

the State Capital and can extend
its jurisdiction in consultation with
State Government which is to be
notified in the Official Gazette,
from time to time.

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PROCEDURE [SEC 18]
• The provisions of Secs. 12, 13 and 14
and the rules made there under for
the disposal of complaints by the
District Forum shall, with such
modifications as may be necessary,
be applicable to the disposal of
disputes by the State Commission.
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APPEAL [SEC 19]
• Any person aggrieved by an order made by the State
Commission may prefer an appeal against such order to the
National Commission within a period of 30 days from the date
of the order.
• The National Commission may entertain an appeal after the
expiry of this period of 30 days if it is satisfied that there was
sufficient cause for to filing the appeal within that period.
• Further, who is required to pay any amount Rs. 35000 or 50 %
of the amount of goods or service whichever is less.

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HEARING OF APPEAL [SEC 19 A Consumer
Protection (Amendment) Act, 2002]
• Within a period of 90 days;
• No adjournment shall ordinarily given unless
and until sufficient cause are shown;
• Record in writing the costs associated with
adjournment
• Record in writing the reasons for the same at
the time of disposing of the said appeal.

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NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION

NATIONAL
COMMISSION- SECs
20 to 23
COMPOSITION
• A person who is or has been a judge of the supreme court, to
be appointed by the Central Government, who shall be its
President.
• However, no appointment shall be made except the consent
of Chief Justice of India.
• Not less than 4 and not more than such number of members,
as may be prescribed and one of whom shall be a woman
• Not more than 2 members shall be from judicial background.
PLACE OF THE NATIONAL
COMMISSION
• The office of the National
Commission shall be located
in the Union Territory of Delhi
(Rule 5 of the Consumer
Protection Rules, 1957)

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JURISDICTION (SEC 21)
1. To entertain (i) complaints where the value of goods or
services and compensation, if any, claimed exceeds Rs. 1
crore, and (ii) appeals against the orders of any State
Commission; and
2. To call for the records and pass appropriate orders in any
consumer dispute which is pending before or has been
decided by any State Commission where it appears to the
National Commission that such State Commission (i) has
exercised a jurisdiction not vested in it by law, or (ii) has failed
to exercise a jurisdiction so vested, or (iii) has acted in the
exercise of its jurisdiction illegally or with material irregularity

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APPEAL [SEC 23]
• WITHIN 30 DAYS
• Can exceed 30 days with sufficient cause-
at the satisfaction of the commission
• Deposited an amount of 50 % of the
amount as ordered by the National
Commission or Rs. 50000 whichever is
less.

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