Consumer Protection Act
Consumer Protection Act
CONSUMER
PROTECTION
Traditional Approach – Caveat Emptor – Let the buyer beware.
Modern Approach – Caveat Venditor – Let the seller beware.
In order to protect consumers from unfair practices of sellers,
Consumer Protection Act,1986 was introduced. The Act has been
revised in 2019 with the aim to protect the consumers’ interest
through speedy and inexpensive redressal of grievances of the
consumers.
The Act provides certain rights and responsibilities to consumers
with a view to empower them and to protect their interests.
Who is a Consumer ?
A Consumer
Any registered Consumer Association
Central Government or any State Government
Oneor more consumers on behalf of numerous
consumers having the same interest.
A legal heir or representative of a deceased
consumer.
Against whom a complaint can be
filed?
Seller,manufacturer or dealer of goods which
are defective. Defect means any fault,
imperfection or shortcoming in the quality,
quantity or purity of goods.
The provider of services if these services are
deficient in any manner. Deficiency means any
imperfection, shortcoming or inadequacy in
quality, nature or manner of performance of
services.
1. DISTRICT FORUM
State Government can set one or more district forums in a district.
It consists of a President and two other members, one of whom should be a
woman.
A consumer can make a complaint to District Forum when value of goods or
services and compensation claimed does not exceed ₹1 crore
On receiving the complaint, District Forum refers the complaint to the party
against whom complaint has been made.
If required, goods or a sample can be sent to laboratory for testing.
After getting the laboratory report and hearing the other party, District
Forum will pass the order.
If aggrieved party is not satisfied, it can appeal in State Commission within
45 days.
2. STATE COMMISSION
Consists of a President and at least FOUR other members above the age of
35 years, one of whom should be a woman.
They are appointed by concerned State Government.
A consumer can file a case here if compensation claimed exceeds ₹1 crore
but less than ₹10 crore. The appeals against the orders of District Forum
can also be filed here.
On receiving the complaint, State Commission refers the complaint to the
party against whom complaint has been made.
If required, goods or a sample can be sent to laboratory for testing.
After getting the laboratory report and hearing the other party, State
Commission will pass the order.
If aggrieved party is not satisfied, it can appeal in National Commission
within 30 days of passing of order.
3. NATIONAL COMMISSION
Consists of a President and at least four other members, one of whom
should be a woman.
They are appointed by Central Government.
A consumer can file a case here if compensation claimed exceeds ₹10
crore. The appeals against the orders of State Commission can also be filed
here.
On receiving the complaint, National Commission refers the complaint to
the party against whom complaint has been made.
If required, goods or a sample can be sent to laboratory for testing.
After getting the laboratory report and hearing the other party, National
Commission will pass the order.
If aggrieved party is not satisfied, it can appeal in Supreme Court within 30
days of passing of order
REMEDIES/ RELIEFS AVAILABLE
1. To remove defect in goods or deficiency in services.
2. To replace defective product.
3. To refund the price paid for product or charges paid for service.
4. To pay reasonable compensation for injury or loss.
5. To pay punitive damages
6. To discontinue unfair trade practices.
7. Not to offer hazardous goods in future.
8. To withdraw hazardous goods from market.
9. To stop manufacturing of hazardous goods.
10. To issue corrective advertisement to neutralize the effect of misleading advertisement.
11. To pay adequate cost to adequate party.
12. To pay any amount (not less than 5% of value of defective goods or deficient services) to
Consumer Welfare Fund or any other organization in prescribed manner.