Description
The ppt about Consumer Protection Act, 1986.
Consumer Protection Act 1986 Objectives
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Definitions Scope of the Act Structure - Three- Tier Machinery Who is a consumer? Basic Rights of a Consumer Who can file a complaint? What constitutes a complaint? Relief available to a consumer Where to file a complaint? How to file a complaint? Time limit for filing the complaint Procedure for filing Where to go? Court Fees
OBJECTIVES
The consumer protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations enacted for the protection of consumers. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers,trade and industry and extensive discussions within the Government.
The main objective of the act is to provide for the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature.
The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, and reliefs of a specific nature and award of compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.
DEFINITIONS
(i)"goods" means goods as defined in the State of Goods Act, 1930 (3 of 1930).According to the Sale of Goods Act, 1930. "goods" means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass, and this attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. (ii)"service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (iii)"restrictive trade practice" means any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services;
(iv)"defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.
(v)"deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. (vi)"unfair trade practice" the detailed definition is given in the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act. 1993. It means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely
a)false or misleading representation, (b)bargain price (c)offering of gifts, prize, contest etc. (d)non compliance of product safety standard. (e)hoarding or destruction of goods. The Act may be consulted before filing a complaint for unfair trade practice.
Scope of the Act
- The Act applies to all goods and services unless specifically exempted by the Central Government. It covers all the sectors whether private, public or cooperative. - The provisions of the Act are compensatory in nature. - Right to be protected against the marketing of goods and services which are hazardous to life and property. -Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices; -Right to be assured , wherever possible , access to a variety of goods and services at competitive prices; -Right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums; -Right to seek redressal against unfair trade practices unscrupulous exploitation of consumers; and
-Right to consumer education
-The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.
Structure
-To provide simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three- tier quasi-judicial machinery at the National,State and District levels. *National Consumer Disputes Redressal Commission - known as "National Commission". *Consumer Disputes Redressal Commissions known as "State Commission. *Consumer Disputes Redressal Forums- known as "District Forum”. -The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. Quasi-Judicial adj. adv. An agency's actions or those of an agency, boards, or other government entity that conducts hearings, orders, judgments or other activities analogous to those conducted by courts.
Who is a Consumer?
-For the purpose of "goods", a consumer means a person belonging to the following categories:
(i)One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment; (ii)It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser. Note :- A person is not a consumer if he purchases goods for commercial or resale purposes However, the word "commercial" does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
- For the purpose of "services", a "consumer" means a person belonging to the following categories:
(i)One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;
i.It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.
Basic Rights of a Consumer
1. the right to be protected against marketing of goods and services which are hazardous to life and property
2.
the right to be informed about the quality, quantity, potency, purity, standard and price of goods, or services so as to protect the consumer against unfair trade practices
the right to be assured, wherever possible, access to variety of goods and services at competitive prices the right to be heard and be assured that consumers' interests will receive due consideration at appropriate forums the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers the right to consumer education
3. 4. 5. 6.
Who can file a complaint?
A Consumer Any Voluntary Consumer Organization registered under the Societies Registration Act 1860 or the Companies Act 1951 or any other Law for the time being in force. The Central Government
The State Government or Union Territory Administrations
What constitutes a complaint?
•If you have suffered loss or damage as a result of any unfair/restrictive trade practices adopted by the trader.
•If the goods purchased suffer from any defect.
•If the services hired/availed of suffer from deficiencies in any respect. •If you have been charged of a price in excess of the price displayed or fixed by or under any law in force. •If the goods hazardous to life and safety, are being offered for sale to public in contravention of any law in force.
Relief available to a consumer
•Removal of defects from the goods •Replacement of the goods •Refunds of the price paid •Award of compensation for the loss or injury suffered •Removal of defects or deficiencies in the services •Award for adequate costs to parties
Where to file a complaint?
It depends upon the cost of the goods or services or the compensation asked •If it is less than Rs. 20 lakhs-in District Forum •If more than Rs. 20 lakhs but less then Rs. 1 crore before the State Commission •If more than Rs. 1 crore before the National Commission
How to file a complaint?
A. A complaint can be filed on a plain paper. It should contain •The name description and address of the complainants and the opposite party •The facts relating to complaint and when and where it arose •Documents in support of allegations in the complaint
•The relief which the complaints is seeking
•The complaint should be signed by the complaints or his authorized agent B. No lawyer required for filing the complaint
C. Nominal court fee
Time limit to file complaint
The complaint should be filed within 2 years from the date of cause of action. Appeals are require to be filed within 30 days from the date of receipt of the court's order.
Procedure for filing Complaint
1. Send a notice to the Opposite Party giving him time limit to settle your grievance. 2. Prepare the consumer complaint in the required format 3. Get the complaint affidavit notarized through a notary. 4. Make required number of photocopies after notarizing. 5. Prepare a bank draft from a nationalized bank to pay court fee. 6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission, hearing and complaint reference number. 7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing. 8. The court will send your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing. 9. The hearings will continue till the matter is decided. 10. The courts final order will be sent to all the parties by registered post. Please note: It is important to attend the hearings, else the matter may be decided ex-party on the merits of the case.
Where to go?
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Consumer Courts in India Lok Adalat Lok Ayukta Human Rights Commission Controller of Legal Metrology Banking Ombudsman Insurance Ombudsman Insurance Regulatory and Development Authority Central Pollution Control Board Company Law Board Bureau of Indian Standard Monopolies and Restrictive Trade Practices Department of Provident Fund and Pension Mumbai Police (online complaint) Central Vigilance Commission Inform the press/media about defaulting companies
How much is the court fee?
Value of goods, Service & Compensation Claimed determine the amount of fee payable . DISTRICT FORUM VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Less than Rs. one lakh Rs. 100 Rs. one lakh and above, but less than Rs. five lakh Rs. 200 Rs. five lakh and above, but less than Rs. ten lakh Rs. 400 Rs. ten lakh and above Rs. 500 STATE COMMISSION VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Rs. twenty lakh and above, but less than Rs. 50 lakh Rs. 2000 Rs. 50 lakh and above, but less than Rs. 1 crore Rs. 4000 NATIONAL COMMISSION VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Above Rs. 1 crore Rs. 5000
The above amount is to be deposited at the time of filing the Complaint . The payment should be through a Nationalised Bank Demand Draft duly crossed, drawn in favour of "Registrar, National Consumer Disputes Redressal Commission".
doc_875947362.ppt
The ppt about Consumer Protection Act, 1986.
Consumer Protection Act 1986 Objectives
? ? ? ? ? ?
?
? ? ? ?
?
? ? ?
Definitions Scope of the Act Structure - Three- Tier Machinery Who is a consumer? Basic Rights of a Consumer Who can file a complaint? What constitutes a complaint? Relief available to a consumer Where to file a complaint? How to file a complaint? Time limit for filing the complaint Procedure for filing Where to go? Court Fees
OBJECTIVES
The consumer protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations enacted for the protection of consumers. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers,trade and industry and extensive discussions within the Government.
The main objective of the act is to provide for the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature.
The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, and reliefs of a specific nature and award of compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.
DEFINITIONS
(i)"goods" means goods as defined in the State of Goods Act, 1930 (3 of 1930).According to the Sale of Goods Act, 1930. "goods" means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass, and this attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. (ii)"service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (iii)"restrictive trade practice" means any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services;
(iv)"defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.
(v)"deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. (vi)"unfair trade practice" the detailed definition is given in the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act. 1993. It means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely
a)false or misleading representation, (b)bargain price (c)offering of gifts, prize, contest etc. (d)non compliance of product safety standard. (e)hoarding or destruction of goods. The Act may be consulted before filing a complaint for unfair trade practice.Scope of the Act
- The Act applies to all goods and services unless specifically exempted by the Central Government. It covers all the sectors whether private, public or cooperative. - The provisions of the Act are compensatory in nature. - Right to be protected against the marketing of goods and services which are hazardous to life and property. -Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices; -Right to be assured , wherever possible , access to a variety of goods and services at competitive prices; -Right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums; -Right to seek redressal against unfair trade practices unscrupulous exploitation of consumers; and
-Right to consumer education
-The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.
Structure
-To provide simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three- tier quasi-judicial machinery at the National,State and District levels. *National Consumer Disputes Redressal Commission - known as "National Commission". *Consumer Disputes Redressal Commissions known as "State Commission. *Consumer Disputes Redressal Forums- known as "District Forum”. -The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. Quasi-Judicial adj. adv. An agency's actions or those of an agency, boards, or other government entity that conducts hearings, orders, judgments or other activities analogous to those conducted by courts.
Who is a Consumer?
-For the purpose of "goods", a consumer means a person belonging to the following categories:
(i)One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment; (ii)It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser. Note :- A person is not a consumer if he purchases goods for commercial or resale purposes However, the word "commercial" does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
- For the purpose of "services", a "consumer" means a person belonging to the following categories:
(i)One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;
i.It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.
Basic Rights of a Consumer
1. the right to be protected against marketing of goods and services which are hazardous to life and property
2.
the right to be informed about the quality, quantity, potency, purity, standard and price of goods, or services so as to protect the consumer against unfair trade practices
the right to be assured, wherever possible, access to variety of goods and services at competitive prices the right to be heard and be assured that consumers' interests will receive due consideration at appropriate forums the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers the right to consumer education
3. 4. 5. 6.
Who can file a complaint?
A Consumer Any Voluntary Consumer Organization registered under the Societies Registration Act 1860 or the Companies Act 1951 or any other Law for the time being in force. The Central Government
The State Government or Union Territory Administrations
What constitutes a complaint?
•If you have suffered loss or damage as a result of any unfair/restrictive trade practices adopted by the trader.
•If the goods purchased suffer from any defect.
•If the services hired/availed of suffer from deficiencies in any respect. •If you have been charged of a price in excess of the price displayed or fixed by or under any law in force. •If the goods hazardous to life and safety, are being offered for sale to public in contravention of any law in force.
Relief available to a consumer
•Removal of defects from the goods •Replacement of the goods •Refunds of the price paid •Award of compensation for the loss or injury suffered •Removal of defects or deficiencies in the services •Award for adequate costs to parties
Where to file a complaint?
It depends upon the cost of the goods or services or the compensation asked •If it is less than Rs. 20 lakhs-in District Forum •If more than Rs. 20 lakhs but less then Rs. 1 crore before the State Commission •If more than Rs. 1 crore before the National Commission
How to file a complaint?
A. A complaint can be filed on a plain paper. It should contain •The name description and address of the complainants and the opposite party •The facts relating to complaint and when and where it arose •Documents in support of allegations in the complaint
•The relief which the complaints is seeking
•The complaint should be signed by the complaints or his authorized agent B. No lawyer required for filing the complaint
C. Nominal court fee
Time limit to file complaint
The complaint should be filed within 2 years from the date of cause of action. Appeals are require to be filed within 30 days from the date of receipt of the court's order.
Procedure for filing Complaint
1. Send a notice to the Opposite Party giving him time limit to settle your grievance. 2. Prepare the consumer complaint in the required format 3. Get the complaint affidavit notarized through a notary. 4. Make required number of photocopies after notarizing. 5. Prepare a bank draft from a nationalized bank to pay court fee. 6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission, hearing and complaint reference number. 7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing. 8. The court will send your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing. 9. The hearings will continue till the matter is decided. 10. The courts final order will be sent to all the parties by registered post. Please note: It is important to attend the hearings, else the matter may be decided ex-party on the merits of the case.
Where to go?
? ? ? ? ? ? ? ? ? ? ? ?
?
? ? ?
Consumer Courts in India Lok Adalat Lok Ayukta Human Rights Commission Controller of Legal Metrology Banking Ombudsman Insurance Ombudsman Insurance Regulatory and Development Authority Central Pollution Control Board Company Law Board Bureau of Indian Standard Monopolies and Restrictive Trade Practices Department of Provident Fund and Pension Mumbai Police (online complaint) Central Vigilance Commission Inform the press/media about defaulting companies
How much is the court fee?
Value of goods, Service & Compensation Claimed determine the amount of fee payable . DISTRICT FORUM VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Less than Rs. one lakh Rs. 100 Rs. one lakh and above, but less than Rs. five lakh Rs. 200 Rs. five lakh and above, but less than Rs. ten lakh Rs. 400 Rs. ten lakh and above Rs. 500 STATE COMMISSION VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Rs. twenty lakh and above, but less than Rs. 50 lakh Rs. 2000 Rs. 50 lakh and above, but less than Rs. 1 crore Rs. 4000 NATIONAL COMMISSION VALUE OF GOODS AND COMPENSATIONAMOUNT PAYABLE Above Rs. 1 crore Rs. 5000
The above amount is to be deposited at the time of filing the Complaint . The payment should be through a Nationalised Bank Demand Draft duly crossed, drawn in favour of "Registrar, National Consumer Disputes Redressal Commission".
doc_875947362.ppt