The Consumer Protection Act 1986 provides the framework for consumer dispute resolution in India. It establishes District, State and National Consumer Dispute Redressal Forums to hear complaints from consumers regarding defective goods or deficient services. The District Forum can hear claims up to 5 lakhs rupees, the State Commission between 5-20 lakhs, and the National Commission above 20 lakhs. The Act defines the complaint process, penalties for non-compliance, and allows recognized consumer associations to file complaints on behalf of consumers.
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1. 1
The Consumer Protection
Act 1986
• Important points
Complaint
Consumer
Defect in Goods
Deficiency of Service
District Consumer Redressal
Forum
Format and procedure of
complaint
Methodology of Redressal
National Consumer Redressal
Forum
Procedure for appeals.
State Consumer Redressal
Forum
Who can Lodge a Complaint?
Leading cases
Sample Questions
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2. 2
Important section Numbers
Definitions; 2,9,
District Forum :10 to 15
State Commission: 16 to 19
National commission : 20 to 24
Others: 27 & 29
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3. 3
District Forum
S-10. Composition of the
District Forum
(1) Each District Forum shall
consist of-
(a) a person who is, or has been,
or is qualified to be a District
Judge, who shall be its
President;
(b) two other members, who shall
be persons of ability, integrity
and standing, one of whom shall
be a woman.
District Forum shall be deemed
to be a civil court
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4. 4
District Forum
S-11. Jurisdiction
(1) to entertain complaints where
the value of the goods or services
and the compensation, if any,
claimed [does not exceed rupees
five lakhs.
within the local limits of whose
jurisdiction-
(a) the opposite party actually and
voluntarily resides or carries on
business, or has a branch office or
(b) the cause of action, wholly or in
part, arises.
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5. 5
Who can make a complaint?
S-12. A complaint may be filed by-
(a) the consumer;
(b) any recognised consumers
association whether the
consumer is a member of such
association or not; or
(c) one or more consumers, where
there are numerous consumers
having the same interest, on
behalf of, or for the benefit of, all
consumers so interested; or
(d) the Central or the State
Government.
S-24A. A complaint should be
lodged within 2 years from the
date of cause of action.
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6. 6
Procedure on receipt of
complaint
13. Procedure on receipt of
complaint
(1) The District Forum shall, if it
relates to any goods-
(a)refer a copy of the complaint to
the opposite party directing him
to give his version of the case
within a period of thirty days or
such extended period not
exceeding fifteen days
(b) where the opposite party denies
the allegations or fails to take
any action to represent his case
the District Forum shall proceed
to settle the consumer dispute in
the manner specified in clauses
(c) to (g);
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7. 7
Procedure on receipt of
complaint
The District Forum shall obtain a
sample of the goods,refer it to
the appropriate laboratory to
report its findings within a period
of forty-five days
The District Forum shall forward
a copy of the report along with
such remarks as the District
Forum may feel appropriate to
the opposite party;
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8. 8
Finding of the District Forum
14.
(1) If, the District Forum is
satisfied that the goods suffer
from any of the defects it shall
issue an order to the opposite
party directing him to do one or
more of the following things,
namely,-
(a) to remove the defect
(b) to replace the goods
(c) to return the price,
(d) to pay compensation for any
loss or injury suffered
(e) 2[(e) to remove the defects or
deficiencies in the services in
question
(f) to provide for adequate costs to
parties
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9. 9
Appeal
S-15.
Any person aggrieved by an
order may prefer an appeal
against such order to the State
Commission within a period of
thirty days.
Court can condone delay if
satisfied.
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10. 10
State Commission
S-16. Composition of the State
Commission
(1) Each State Commission shall
consist of-
(a) a person who is, or has been,
or is qualified to be a Judge of a
High Court who shall be its
President;
(b) two other members, who shall
be persons of ability, integrity
and standing, one of whom shall
be a woman.
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11. 11
State Commission
S-17. Jurisdiction
(1) to entertain complaints where
the value of the goods or
services and the compensation,
if any, claimed exceeds rupees
five lakhs but does not exceed
20 lakhs.
(2) Appeals against the orders of
the district forum.
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12. 12
National Commission
S-20. Composition of the
National Commission
(1) Each National Commission
shall consist of-
(a) a person who is, or has been,
or is qualified to be a Judge of a
Supreme Court who shall be its
President;
(b) Four other members, who shall
be persons of ability, integrity
and standing, one of whom shall
be a woman.
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13. 13
National Commission
S-21. Jurisdiction
(1) to entertain complaints where
the value of the goods or
services and the compensation,
if any, claimed exceeds rupees
twenty lakhs
(2) Appeals against the orders of
the National Commission
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14. 14
Penalties.
26. Frivolous or vexatious complaints
order that the complainant shall pay
to the opposite party such cost, not
exceeding ten thousand rupees.
27. Penalties
If a party fails to comply with any
order made by the consumer court
such person 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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