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Consumer Protection Act, 1986 (Amended in 2002)

The document discusses key concepts related to consumer protection in India. It defines who is considered a consumer and what constitutes a complaint under consumer protection laws. It outlines the rights of consumers, including the right to safe goods and services, access to information, choice and redressal. It also summarizes the pecuniary jurisdiction of different consumer fora and the process for filing a complaint. While the Consumer Protection Act has strengthened consumer rights, full implementation remains a challenge due to regulatory deficits, weak infrastructure and lack of quality awareness among both consumers and businesses in India.

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54 views18 pages

Consumer Protection Act, 1986 (Amended in 2002)

The document discusses key concepts related to consumer protection in India. It defines who is considered a consumer and what constitutes a complaint under consumer protection laws. It outlines the rights of consumers, including the right to safe goods and services, access to information, choice and redressal. It also summarizes the pecuniary jurisdiction of different consumer fora and the process for filing a complaint. While the Consumer Protection Act has strengthened consumer rights, full implementation remains a challenge due to regulatory deficits, weak infrastructure and lack of quality awareness among both consumers and businesses in India.

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Classified CU MBA 2020
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© © All Rights Reserved
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Who is a Consumer?

• Consumer is one who


– Buys any goods for a consideration and includes a
hire-purchaser;
– Any user of such goods for consideration but
excludes one, who obtains for re-sale or for
commercial purposes;
– Hires a service for consideration and includes a
beneficiary of such service, if availed of with the
approval of the hirer
What is a Complaint?
• An allegation in writing by a complainant that:
– An unfair or restrictive trade practice is practised by trader
or service provider
– Goods bought or to be bought or services hired or to be
hired suffered from any deficiency
– Trader or service provider has charged excess price
– Goods and services are hazardous or are likely to be
hazardous to life and safety
Concept of Deficiency & Service
• ‘Deficiency’ means
– a fault, imperfection, shortcoming or inadequacy in quality,
nature, or manner of performance than is required.
• ‘Service’ includes
– service in connection with banking, financing, insurance,
transport, processing, supply of electrical and other
energy, boarding or lodging, housing construction,
entertainment, amusement or purveying of news and
other information
– but does not include any service free of charge or under a
personal contract.
– Pecuniary Jurisdiction
– Forum where complaints can be entertained
– Depends on value of goods and service and
compensation claimed
– Limits are :
– District Forum
– not exceeding Rs.20 lakhs

– State Commission
– exceeds Rs.20 lakhs but does not exceed Rs.1 Crore

– National Commission
– exceeds Rs.1 Crore
What are the rights of a ‘consumer’?
– Protection from hazardous goods and services
– Information about the quality, quantity, purity,
standard and price
– Access to a variety of goods and services at
competitive prices.
– Assurance that his interest will be considered at
appropriate fora
– The right to consumer education
• The rights provided under the Act are:
• The right to be protected against marketing of goods and
services which are hazardous to life and prosperity.
• The right to be informed about the quality, quantity,
potency, purity, standard and price of goods and services,
as the case may be, to protect the consumer against unfair
trade practices.
• The right to be assured of access to a variety of goods and
services at competitive prices.
• The right to be heard and assured that consumer interest
will receive due consideration at appropriate forums
• The right to seek redressal against unfair or restrictive
trade practices or unscrupulous exploitation of consumers.
• The right to consumer education.
Case 1
• A had applied for electricity connection.
• However, power supply was not provided to
A.
• Can A seek redressal of his grievance in
Consumer Court?
Case 2
• A’s car met with an accident.
• The insurance claim was rejected on the
ground that A’s driver was not holding valid
driving license.
• Should A approach a Consumer Court for
seeking the Insurance claim?
Case 3
• A’s grievance is that he had registered with
the M.I.G. Scheme of the Haryana Housing
Board.
• The board had escalated the price of the
flats three times within a period of two
years.
• Does his case lie within the jurisdiction of
Consumer Fora?
Case 4
• A registered letter sent to A was not
delivered.
• What is the liability of an employee of the
Post Office in this matter?
Case 5
• A injured his knee in a game of football.
• It was diagnosed as ACL TEAR.
• For that, he was operated upon in the knee.
• After the operation his knee developed stiffness,
which is unusual in such cases.
• Even after undergoing physiotherapy for two months
he was unable to bend or straighten his knee.
• So after two months of operation his knee was
manipulated under anesthesia to relieve stiffness.
• A plaster was put on he knee for one month.
• He was told to start walking.
• He used to walk with a limp.
• For about 8 months he continued to walk with a limp.
• Then, his condition deteriorated and he had to start
using crutches to move around.
• Both operations were carried out in military hospitals,
and they were done free of cost since he was serving
in army.
• Can he sue the doctors and the hospital for
negligence and deficiency of service under Consumer
Protection Act?
• Manner in which complaint shall be made.-
(1) A complaint in relation to any goods sold or delivered or agreed to be sold
or delivered or any service provided or agreed to be provided may be filed
with a District Forum by-
(a) the consumer to whom such goods are sold or delivered or agreed to be
sold or delivered or such service provided or agreed to be provided;

(b) any recognised consumer association whether the consumer to whom the
goods sold or delivered or agreed to be sold or delivered or service provided
or agreed to be provided is a member of such association or not;
 
(c) 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; or
 
(d) the Central or the State Government, as the case may be, either in its
individual capacity or as a representative of interests of the consumers in
general.
 
• (2) Every complaint filed under sub-section (1)
shall be accompanied with such amount of fee
and payable in such manner as may be
prescribed.  
• (3) On receipt of a complaint made under sub-
section (1), the District Forum may, by order,
allow the complaint to be proceeded with or
rejected: 
• Provided that a complaint shall not be rejected
under this sub-section unless an opportunity of
being heard has been given to the complainant:
• Provided further that the admissibility of the
complaint shall ordinarily be decided within twenty-
one days from the date on which the complaint was
received.
• (4) Where a complaint is allowed to be proceeded
with under sub-section (3), the District Forum may
proceed with the complaint in the manner provided
under this Act:

• Provided that where a complaint has been admitted


by the District Forum, it shall not be transferred to any
other court or tribunal or any authority set up by or
under any other law for the time being in force.
Sl. Amount of fee
Total Value of goods or services and the compensation claimed
No. payable
(1) (2) (3)
  District Forum  
(1) Upto one lakh rupees – For complainants who are under the Below Nil
Poverty Line holding Antyodaya Anna Yojana Cards

(2) Upto one lakh rupees – For complainants other Rs.100


than AntyodayaAnna Yojana card holders.

(3) Above one lakh and upto five lakh rupees Rs.200


(4) Above five lakh and upto ten lakh rupees Rs.400
(5) Above ten lakh and upto twenty lakh rupees Rs.500
  State Commission  
(6) Above twenty lakh and upto fifty lakh rupees Rs.2000
(7) Above fifty lakh and upto one crore rupees Rs.4000
  National Commission  
(8) Above one crore rupees Rs.5000
TABLE

Value of goods or services


Sl. No. and Amount of fee payable
the compensation claimed
(1) (2) (3)
  District Forum  

(1) Upto one lakh rupees Rs.100

(2) One lakh rupees and Rs.200


above but less than five
lakh rupees
(3) Five lakh rupees and Rs.400
above but less than Rs.10
lakh
(4) Ten lakh rupees and Rs.500
above but not exceeding
twenty lakh rupees
• The Act had been amended in 1991 and again in 1993. A comprehensive
amendment was last made in 2002 for making the Act effective,
functional and purposeful. Although implementation of the Consumer
Protection Act can be viewed as success, there are still serious shortfalls
in achieving consumer welfare because of the difficulties in quality
infrastructure in the country.
• There is a regulatory deficit in many products and services which
impact on the health, safety and environment of the consumers and
mandatory standards have not been prescribed for many products such as
electrical and electronic goods, IT and telecom equipment, industrial and
fire safety equipment and toys. India’s laboratory infrastructure is weak
in terms of international norms. Quality professionals lack the skill to
guide quality improvement effort in industry. Again, there is absence of
consumer demand for quality goods and services particularly because of
lack of awareness among them regarding quality issues. Above all, there
is apathy among the businesses towards standardization in general, and
lack of awareness among them about the impact of standards on quality,
competitiveness, and profitability. In short, there is absence of a quality
culture in the country.

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