( With amendments of the Act effected from 15.3.2003 and rules from 5.3.

2004)

Enacted to provide for the better protection of the interest of consumer Act applies to whole of India except Jammu and Kashmir Chapter I, II and IV came into force on 15.4.1987. Chapter III came into force on 1.7.1987 The act was amended in 2002 and the amendments came into force w.e.f. 15th March 2003.

A consumer, or Any voluntary consumer association registered under the Companies Act, 1956 or under any other act for the time being in force, or The Central Government or the state Government who or which makes a complaint One or more consumers where there are numerous consumers having the same interest
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In case of death of a consumer his legal heir or representative who or which makes a complaint. Case Law Cosmopolitan Hopspitals Ltd. V/s Vasanta P. Nair A young boy who was seriously injured died on account of the hospital not treating him because the deposit money was not given in time. It was held that the parents being the legal heirs of the boy they could approach the consumer redressal agency for relief.

Complaint means any allegation in writing made by a complainant that : I. An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; II. The goods bought by him or agreed to be bought by him suffer from one or more defects ; III. The services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect;

IV.

A trader or service provider as the case may be has charged for the goods or for the services mentioned in the complaint, a price in excess of the price
a)

fixed by or under any law for the time being in force; b) displayed on the goods or any package containing such goods; c) displayed on the price list exhibited by him by or under any law for the time being in force; d) agreed between the parties .

V.

Goods which will be hazardous to life and safety when used are being offered for sale to the public

a) In contravention of any standards relating to safety of such goods as required to be compiled with, by or under any law for the time being in force; b) If the trader could have known with due diligence that the goods so offered are unsafe to the public;

VI.

Service which are hazardous or likely t be hazardous to the life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Case Law Sumati Devi M. Dhantwantray V/s Union Of India The Complainant travelling by the First class Air condition compartment was assaulted and robbed by unauthorized travellers. Upon testimony of the Co- passengers it was found that the TTE did not check their tickets. It was held by the Supreme Court that the Railways inspite of being aware of the frequent cases of theft were negligent and careless. No preventive measures were taken by them. This amounted to deficiency in services and hence cognizance of such a complaint could be taken under the Consumer Protection Act.

Any person who buys goods or avails services for consideration Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid Any body who uses the goods or services with the consent of the consumer

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Legal heir of consumer in case death of consumer Does not include any person who buys goods for resale or commercial purpose and services for commercial purpose However any person who buys goods for commercial use but exclusively for his livelihood by means of self employment is a consumer.

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Fault Imperfection Shortcoming

In the Quality Quantity Potency Purity Standards

Or

Which is required to be maintained by or under any law for the time being in force
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Fault Imperfection Shortcoming Or Inadequacy

In the Quality Standard and Manner of performance

Which is required to be maintained by or under any law for the time being in force

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Service means service of any description, which is made available to potential users and includes, but not limited to the provisions of the facilities in connection with 1) banking 2) financing 3) insurance 4) transport 5) processing 6) supply of electrical or other energy 7) boarding or lodging or both 8) house construction 9) entertainment 10) amusement or 11) the purveying or new 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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Bank of Maharashtra v/s Mrs Jyothi Satya

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1) 2) 3)

A Consumer Dispute Redressal Forum at the District level. A Consumer Dispute Redressal Commission at the State level. A National Consumer Dispute Redressal Commission at national level.

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Forum / Commission Where the value of the goods or services and the compensation, if any claimed, District Forum State Commission Does not exceed Rs. 20 lakhs Rs. 20 lakhs and above but not exceeding One Crore

National Commission Above One Crore Besides, State and National Commission have appellate jurisdiction also.

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A complaint may be filed by

The consumer to whom the goods are sold or services are provided

b)
c) d)

Any recognised consumer association

The central government or state government

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a)

b)

c) d)

e)

The District Forum shall have the powers of Civil Court while trying a suit in respect of the following matters ; The summoning and enforcing attendance of any defendant or witness and examining the witness on oath. The discovery and production of any document or other material object producible as evidence. The reception of evidence on affidavit The requisition of the report of the concerned analysis or test from the appropriate laboratory of from any other relevant source. Any other matter which may be prescribed.

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IF THE COMPLAINT IS PROVED THE FORUM SHALL ORDER

e)

to remove defect pointed out by the appropriate laboratory from the goods in question; to replace the goods with new goods of similar description which shall be free from any defect; to return to the complainant the price, or , as the case may be, the charges paid by the complainant; to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party; To remove the defect in goods or deficiency in the services in question.

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to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; g) not to offer hazardous goods for sale; h) to withdraw the hazardous goods from being offered for sale; ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently. hc) to issue corrective advertisements to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; i) To provide for adequate cost to parties.
f)

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shall be filed within thirty days.

Delay in filing appeal may be condoned if there is sufficient cause.

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Within two years from the date on which the cause of action has arisen.

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Where a complaint instituted before the District Forum, the State Commission or the National Commission, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such Cost, not exceeding ten thousand rupees, as may specified in the order.

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Where a trader or a person against whom a complaint is made (or the complainant) fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, such trader or person (or complainant) shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.

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Central Level State Level

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The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the Central Consumer Protection Council

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the Minister in charge of consumer affairs in the Central Government, who shall be its Chairman such number of other official or non-official members representing such interests as may be prescribed

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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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Members :Chairman:-The minister in charge of consumer affairs of the state government. Such number of other official or non-official members representing such interests as may be prescribed by the state government.

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Meetings:Number of meetings:-Not less then 2 meetings every year Time and place:- Depends on the chairman Objective:To promote and protect within the states The rights of the consumer as laid down in Sec(6)

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Members:District collector is the Chairman Other official and non-official members are appointed by the state government

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Meetings:Number of meetings:- not less then 2 meetings Time and place:- as decided by the chairman Objective:To protect and preserve the right of the consumer within the district laid down under the Sec(6).

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