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1. THE CONSUMER PROTECTION ACT 1986
By Group ‘A’

2. UNIT-II
MODULE-IV
THE CONSUMER PROTECTION ACT,1986

3. NAME OF THE MEMBERS:-
Aasiya
Eram
Nida
Petrick
RashidaShikha
Amrita
Sunny
Anurag

4. INTRODUCTION:
PROTECTION OF CONSUMER’S RIGHTS HAS LONG BEEN RECOGNIZED DATING
BACK AS EARLY AS TO THE YEAR 1824.BUT PROTECTION OF CONSUMER RIGHTS
GAINED IMPORTANCE IN APRIL 1985 WHEN THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ADOPTED A SET OF GENERAL GUIDELINES (GENERAL
ASSEMBLY RESOLUTION 39/85)FOR THE PROTECTION OF THE CONSUMER’S.THESE
GUIDELINES CONSTITUTE A COMPREHENSIVE POLICY FRAMEWORK OUT-LINING
WHAT GOVERNMENTS NEED TO DO PROMOTE CONSUMER RIGHTS.

5. THE FRAMEWORK DEALS WITH:
1)PHYSICAL SAFETY
2)PROTECTION AND PROMOTION OF THE CONSUMER INTEREST.
3)STANDARDS FOR THE SAFETY AND QUALITY OF CONSUMER GOODS AND SERVICES
4)DISTRIBUTION FACILITIES FOR CONSUMER GOODS AND SERVICES.
5)MEASURES ENABLING CONSUMERS TO LOCATION REDRESS.
6)MEASURES RELATING TO SPECIFIC AREAS(FOOD,WATER AND PHARMACEUTICALS)AND
7)CONSUMER EDUCATION AND INFORMATION PROGRAMME.

6. REASONS FOR ENACTING A SPECIFIC ACT:
Doctrine Of Caveat Emptor
Collective Bargaining
Multiple Laws
Hurdles In The Litigation
Remedy

7. DOCTRINE OF CAVEAT EMPTOR
THIS DOCTRINE ‘CAVEAT EMPTOR’OR ‘BUYER BEWARE’WAS APPLICABLE.THIS
DOCTRINE HELD THE BUYER TOTALLY RESPONSIBLE,ALTHOUGH THE SELLER
WAS AWARE OF DEFECT OR DEFICIENCY.

8. COLLECTIVE BARGAINING:
THE SELLER LOBBY WAS STRONG WHILE THE BUYER WERE
INDIVIDIUAL.IT WAS VERY DIFFICULT FOR AN INDIVIDUAL
BUYER TO FIGHT THE SELLERS.

9. The Indian
Contract Act
The Sale Of Goods
Act
The Essential
Commodities Act
Prevention of
Food Adulteration
Act
Water(Prevention
and Control Of
Pollution) Act
MULTIPLE LAWS APPLICATION

10. HURDLES IN THE LITIGATION:
IF THE PERSON FALLS ILL DUE TO THE CONTAMINATED
WATER,HE SHOULD ONLY GO TO A REGULAR COURT FOR A
REMEDY.GOING TO REGULAR COURT WAS BOTH EXPENSIVE
AND TIME CONSUMING.THIS WAS AN ADDITIONAL BURDEN
ON THE INNOCENT BUYERS.THIS WAS IN ADDITION TO THE
PHYSICAL AND MENTAL AGONY.

11. REMEDY:
THE BUYER IF SUCCESSFUL IN WINNING THE BATTLE, WOULD GENERALLY GET A
REMEDY IN THE FORM OF PUNITIVE AND DETERENT MEASURE i.e THE GUILTY
SELLER WOULD BE PUNISHED (PUNITIVE) AND IT WOULD PUT FEAR IN THE MIND OF
LIKEMINDED SELLERS(DETERRENT).

12. OBJECTS AND REASONS:
1)THE RIGHT TO BE PROTECTED AGAINST MARKETING OF GOODS,WHICH WAS HAZARDOUS TO LIFE AND PROPERTY.
2)THE RIGHT TO BE INFORMED ABOUT THE QUALITY,QUANTITY,POTENCY,PURITY,STANDARD AND PRICCE OF GOODS TO PROTECT THE
CONSUMER AGAINST UNFAIR TRDE PRACTICES.
3)THE RIGHT TO BE ASSURED,WHENEVER POSSIBLE,ACCESS TO VARIETY OF GOODS AT COMPETITIVE PRICES.
4)THE RIGHT TO BE HEARD AND TO BE ASSURED THAT CONSUMERS INTERESTS WILL RECEIVE DUE CONSIDERATION AT APPROPRIATE
FORUMS
5)THE RIGHT TO SEEK REDRESSAL AGAINST UNFAIR TRADE PRACTICE OR UNSCRUPULOUS EXPLOITATION OF CONSUMERS,AND
6)RIGHT TO CONSUMER EDUCATION.
THE FOLLOWING RIGHTS HAVE BEEN ADDED TO THE AMENDMENT ACT,1993 AND 2002 RESPECTIVELY:
7)THE RIGHT TO BE PROTECTED FROM UNFAIR TRADE PRACTISES AND DEFINED UNDER SECTION ,36A OF MRTP ACT, 1969, AND
8)PROTECTION FROM SPURIOUS GOODS OR OFFERING SUCH GOODS FOR SALE OR ADOPTING DECEPTIVE PRACTISES IN THE PROVISION OF
SERVICES.

13. DEFINITIONS:
APPROPRIATE LABORATORY:S2(1)(a):
‘’APPROPRIATE LABORATORY’’ MEANS A LABORATORY OR ORGINAZATION;
i)RECOGNISED BY THE CENTRAL GOVERNMENT;
ii)RECOGNISED BY A STATE GOVERNMENT,SUBJECT TO SUCH GUIDELINES AS MAY BE PRESCRIBED
BY THE CENTRAL GOVERNMENT IN THIS BEHALF;OR
iii)ANY SUCH LABORATORY OR ORGANIZATION ESTABLISHED BY OR UNDER ANY LAW FOR THE
TIME BEING IN FORCE,WHICH IS MAINTAINED,FINANCED OR AIDED BY THE CENTRAL
GOVERNMENT OR A STATE GOVERNMENT FOR CARRYING OUT ANALYSIS OR TEST OF ANY GOODS
WITH A VIEW TO DETERMINING WHETHER SUCH GOODS SUFFER FROM ANY DEFECT.

14. COMPLAINANT" S.2(1)(B)MEANS—
(I) A Consumer; Or
(Ii) Any Voluntary Consumer Association Registered Under The Companies Act, 1956 (1of 1956)or
Under Any Other Law For The Time Being In Force; Or
(Iii) The Central Government Or Any State Government,
(Iv)one Or More Consumers, Where There Are Numerous Consumers Having The Same Interest;
(V) In Case Of Death Of A Consumer, His Legal Heir Or Representative; Who Or Which Makes A
Complaint;

15. COMPLAINT S.2(1)(C): (ABRIDGED)
(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 Of 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 Service Mentioned In
The Complaint A Price In Excess Of The Price.
(V)goods Which Will Be Hazardous To Life And Safety When Used Or Being Offered For Sale To The Public.
(Vi) Services Which Are Hazardous Or Likely To Be Hazardous To 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;”;

16. "CONSUMER" MEANS ANY PERSON WHO—
Buys Any Goods For A Consideration Which Has Been Paid Or Promised Or Partly Paid
And Partly Promised, Or Under Any System Of Deferred Payment And Includes Any User
Of Such Goods Other Than The Person Who Buys Such Goods For Consideration Paid
Or Promised Or Partly Paid Or Partly Promised, Or Under Any System Of Deferred
Payment When Such Use Is Made With The Approval Of Such Person, But Does Not
Include A Person Who Obtains Such Goods For Resale Or For Any Commercial Purpose;
Or
(Ii) Hires Or Avails Of Any Services For A Consideration Which Has Been Paid Or
Promised Or Partly Paid And Partly Promised, Or Under Any System Of Deferred
Payment And Includes Any Beneficiary Of Such Services Other Than The Person Who
'Hires Or Avails Of The Services For Consideration Paid Or Promised, Or Partly Paid And
Partly Promised, Or Under Any System Of Deferred Payment, When Such Services Are
Availed Of With The Approval Of The First Mentioned Person But Does Not Include A
Person Who Avails Of Such Services For Any Commercial Purposes

17. ONE CAN SUM UP A CONSUMER,AS ONE
WHO:
1)BUY GOODS: There Has To Be Buying Of Goods For Consideration.Thus There Has To Be The Pre-existence Of A
Completed Transaction Of Sale.
Example:an Air Conditioner Purchased Was Malfunctioning During The Period Of Warranty.Held To Be A Consumer.
2)USER OF GOODS : Any Person Who Uses The Goods With The Approval Of The Buyer Can Be Called A Consumer.This
Is An An Exception To The Rule ’Stranger Of The Contract Cannot Sue Or Be Used.
3)HIRES SERVICES: The Term ‘Hired’ Has Not Be Defined Under The Act.Its Dictionary Meaning Is- To Procure The Use Of
Service At A Price.Thus The Term ‘Hire’ Has Also Been Used In The Sense Of ‘Avail’ Or ‘Use’
4)BENEFICIARY: When A Person Hires Services,he May Hire It For Himself Or For Any Other Person.In Such Cases
Beneficiary (Or Users)of These Services Is Also A Consumer.
5)BUYER OF GOODS FOR LIVELIHOOD: Where The Good Are Bought For Commercial Prpose,he Is Not A
Consumer.However Where He Buys For Self Employment And Uses It Himself,he Is A Consumer.

18. CONSUMER DISPUTE:S.2(1)(C)
“A Dispute Where The Person Against Whom A Complaint Has Been Made, Denies
Or Disputes The Allegations Contained In The Complaint”

19. DEFECT:S.2(1)
“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 Under Any Contract, Express Or Implied Or As Is Claimed By The Trader In Any
Manner Whatsoever In Relation To Any Goods;”

20. DEFICIENCY:S.2
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 Services.

21. MANUFACTURER:S.2 (1)
“Manufacturer” Means A Person Who—
(I) Makes Or Manufactures Any Goods Or Part Thereof; Or
(Ii) Does Not Make Or Manufacture Any Goods But Assembles Parts Thereof
Made Or Manufactured By Others; Or
(Iii) Puts Or Causes To Be Put His Own Mark On Any Goods Made Or Manufactured
By Any Other Manufacturer;

22. Person: S.2 (m):-
A Firm Whether
Registered Or Not;
A Hindu Undivided
Family
A Co-operative
Society
Every Other
Association Of
Persons Whether
Registered Under The
Societies Registration
Act, 1860

23. SERVICE:S.2(1)
Service Of Any Description Which Is Made Available To Potential Users
And Includes, But Not Limited To, 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;

24. UNFAIR TRADE PRACTICE:S.2
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;—
(1) The Practice Of Making Any Statement, Whether Orally Or In Writing Or By Visible Representation
Which,—
(I) Falsely Represents That The Goods Are Of A Particular Standard, Quality, Quantity, Grade,
Composition, Style Or Model;
(Ii) Falsely Represents That The Services Are Of A Particular Standard, Quality Or Grade;
(Iii) Falsely Represents Any Re-built, Second-hand, Renovated, Reconditioned Or Old Goods As New
Goods;
(Iv) Represents That The Goods Or Services Have Sponsorship, Approval, Performance,
Characteristics, Accessories, Uses Or Benefits Which Such Goods Or Services Do Not Have;
(V) Represents That The Seller Or The Supplier Has A Sponsorship Or Approval Or Affiliation Which
Such Seller Or Supplier Does Not Have;
(Vi) Makes A False Or Misleading Representation Concerning The Need For, Or The Usefulness Of,
Any Goods Or Services;
(Vii) Gives To The Public Any Warranty Or Guarantee Of The Performance, Efficacy Or Length Of Life
Of A Product Or Of Any Goods That Is Not Based On An Adequate Or Proper Test

25. Council:-
District Council:-
The State Consumer Protection Councils:-
The Central Consumer Protection Council:-
Redressed Agencies under the Consumer Protection Act, 1986 and Their Jurisdiction:-
District Consumer Protection Redressal Agency or District Commission:
State Consumer Protection Redresses Agency Or State Commission:-
National Consumer Protection Redressal Agency Or National Commission:-

26. THANK YOU