Presentation on Consumer Protection Act, 1986

Description
Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors; they may also provide additional protection for the weak and those unable to take care of themselves. Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers.

Consumer Protection Act , 1986
? Consumer -Being a important component of Indian economy to hold a

ratio of demand and supply of the commodities. This uphold a vital role of consumer in a economic activity. He is considered king or boss . But by influence, attractive advertisement, powerful & attractive packing, talkative salesmanship some times, the consumer is being cheated and to protect him from such deceiving, a certain legal protection act is passed in 1986. Appropriate Laboratory or organistaion bodies are : Central Govt National Commission State Govt : State Commission District level : District forum trade Practice. Unfair trade practice-Defect- Deficiency in services,

? ? ? ?

? Explain Consumer – Complainant-person-goods, services, restrictive

Consumer Protection Act 1986 :
? Consumer Protection Act 1986 : ? Objects :

? 1. To provide for better protection of interest \s of consumers.
? 2. To provide the for the establishment of consumer councils and other ? ? ? ? ?

authorities . 3.To empower the consumer councils and other authorities to settle consumers disputes and matters connected. Definition of Complainant : Sec 2 (1) (b) Any one of the following and having made a complainta) A Consumer b) any consumer association registered under 1956 or any existing law. c) One or more consumer who are having same interest.

Definition of Complaint :
? Definition of Complaint : Any allegation in writing made by the

complainant that --a) Any Unfair trade practice or restrictive trade practice has been adopted by any trade or service provider .

b) Goods brought for consumption and found defect. c) Service hired or to be hired, availed or to be availed had a damages due to deficiencies in services by the service provider. d) A trader or the service provider as the case may be has charged for the goods or the services mentioned in the complaint a price in excess or the price1) Fixed by law for the time being in force. 2)Display on the goods or any package containing such goods 3) Agreed between to parties in writing. e) Goods which will be hazardous to life and safety when used are being offered for sale to the public.

Definition of Consumer :
? Definition of Consumer : Consumer means : ? 1. A person who buys any goods /hire any Services for a

consideration against fully/ partly paid even. ? 2. A purchase item is resold or used for commercial purpose can not ? Consumer dispute – Sec 2 (1) © : It means a dispute where the person against whom a complaint has been made denies or disputes the allegation contained in the complaint.
? Defect Sec 2 (1) (f ) Any fault , imperfection or shortcoming in

the quality , quantity , potency , purity and standard which required to be maintained by or under any law. services.

? Deficiency Sec 2 (1)(g)- Any deficiency is relevant I case of

District Forum
? District Forum Sec 2 (1) (h)- District Forum means a Consumer
? ? ? ? ? ? ?

Disputes Redressal Forum established under clause of sect 09, by state govt. by notifications, at each state. It is known as “District Forum”. Powers of District Forum Sec 13 (4) : -The summoning and enforcing the attendance of any defendant or witness and examining the witness on oath. - the discovery and production of any document or other material object producible evidence. -The reception of evidence on affidavits. - The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source. -issuing any consumer for the examination of any witness. -any other matter which may be prescribed.

State commission
? Procedure applicable to state commission :
? The provisions of sec 12, 13, and 14 - Any person aggrieved by any order

made by District Forum any prefer an appeal against such order to the state commission. With the period of 30 days form the date of the order. More then 30 days the application of appeal also can be accepted with sufficient reason.
? However no appeal by a person who is required to pay any amount in

terms of an order of the district forum shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty percent of the amount or twenty five thousand rupees, which ever is less .
?

National commission :
? Procedure for appeal to National commission : Any person

aggrieved by an order made by the state commission may prefer an appeal against such order to the National Commission with the period of 30 days from the date of the order Sec 19.
? However the National Commission may entertain any appeal after the

expiry of the said period with sufficient cause.
? Again no appeal by a person who is required to pay any amount in

terms of an order of State commission shall be entertained by the National commission unless the appellant has deposited in the prescribed manner 50% of amount or rupees thirty five thousand which is less.



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