The document summarizes key aspects of the Consumer Protection Act 1986 in India. It defines important terms like goods, services, and consumers. It describes the objectives of the act to better protect consumer interests and rights. It outlines the consumer disputes redressal system including district forums, state commissions, and a national commission to provide speedy and inexpensive resolution of consumer complaints. It details the composition and jurisdiction of these quasi-judicial bodies. The summary aims to highlight the essential information around definitions, objectives, and dispute resolution mechanisms under the Act.
2. Some Basic Terms
Goods (Section 2(7) ):
Goods means every kind of movable
property other than actionable claims and
money and includes stocks and
shares, growing crops, grass and things
attached forming apart of the land which
are agreed to be served before sale or
under the contract of sale”
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3. SERVICE (Section 2(1) (0))
It means service of any description which is
made available to potential users. It
includes the
financing, insurance, transport, processing,
supply of electrical or other
energy, boarding or lodging or
both, housing, entertainment, amusement
or purveying a news or other information.
But service not included the rendering of
any service free of charge or under a
contract of personal service”
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4. CONSUMER
Consumer means any person who buys
any goods for a consideration. Consumer
also includes any user of such goods other
than the buyer himself.
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5. Consumer disputes [Section 2(1)
e]
A dispute where a person against
whom a compliant has been made
denies or disputes the allegation
contained in the complaint
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6. Unfair trade practice [sec 2(1)
r
Unfair 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 deceptive
practice
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7. THE CONSUMER PROTECTION ACT
The law relating to consumer protection
is dealt with in the consumer protection
act 1986. The act extends to the whole
of India except the state of Jammu &
Kashmir. It was enacted to provide
better protection of to all goods and
services. The proceedings under this
act are simple and fair. There is no
court fee or stamp duty to be fixed, no
matter whatever may be the amount
involved in the complaint.
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8. OBJECTIVES OF ACT
Better protection of interests of consumers
Protection of rights of consumers
Consumer Protection Councils
Quasi – judicial machinery for speedy redressal
of consumer disputes
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9. RIGHTS OF CONSUMER
Protection against marketing of goods
hazardous to life & property
Right to be informed
Quality as protection against unfair trade
practices
Access to goods & services at competitive prices
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10. Right to be heard & due consideration at
appropriate forums
Right to seek redressal
Right to consumer education
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11. Consumer Protection Councils
Central consumer Protection councils
State consumer protection council
District Consumer Protection Council
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12. Central Consumer Protection
council
Established by the central govt by a
council by notification.
Object is to promote & protect the
rights of the consumer .
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13. Members of the Central Council
Maximum members are 150 includes :
The Minister of consumer Affairs in
central govt. (Chairman)
Minister of state or Deputy Minister in
charge of consumer affairs in central
govt
The minister of Food & Supplies
Eight Members of Parliament5 from Lok sabha
3 from Rajya Sabha
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14. The secretary of National council for SC
and ST.
Representatives of Central Govt. (not >
20)
Representatives of Consumer
organisation.
Not less than 35
Representatives of women (not < 10)
Representatives of Farmers. (not > 20)
Person capable for representing
consumer Interest. (not > 15)
Secretary in the department of Civil
Supplies.
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15. State Consumer Protection
Council
The state government by notification
established a council to be known as
“State Consumer Protection Council”
To promote and protect the rights of
consumers within the state.
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16. Members of the State Council
The Minister in charge of consumer
affairs in the state govt as chairman.
Official and non official representating
State government.
Official or non official members not
exceeding 10 nominated by Central
Govt.
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17. District Consumer Protection
Council
The state govt. shall establish for every
district by notification known as District
consumer Protection Council.
Objectives is to promote and protect
consumer rights within the district.
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18. Members of District Councils
The collector of the District(chairman).
Other official and non-official members
prescribed by the state Government.
Two meeting is necessary in a year
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19. Consumer Disputes
Redressal Forum
To provide speedy, inexpensive and
simple redressal of consumer disputes
Quasi judicial bodies have been set up
at three level
District Forum
State Commission
National Commission
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20. District Forum - Members
One qualified District Judge as
President
Two other members
• One women not less than 35
years.
• Possess a Bachelors Degree.
• Having at least 10 years
experience in law, commerce
, Accountancy etc.
Term of committee is 5 years or up to 20
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21. Manner of complaint shall be
made
On the receipt of complaint , the forum
shall refer a copy of complaint to
opposite party.
The opposite party have to give his
reply with in 30 days.
If the opposite party admits the
allegation the forum will consider the
case on the basis of merit of the case.
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22. If the opposite party denies the
allegations the forum shall proceed to
settle based on the evidence brought
by the party.
All complaints should decide within 90
days after the date of notice.
Any person may prefer an appeal to the
state commission with in a period of 30
days after the order.
District forum will entertain all the cases where the
value of goods & services and the compensation is
claimed DOES NOT EXCEED 5 LAKHS
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23. State Redressal
Commission
A person who is or has been a High
court Judge shall be the president.
Two other members
• One women not less than 35 years.
• Possess a Bachelors Degree.
• Having at least 10 years experience
in law, commerce
, Accountancy etc.
Term of committee is 5 years or up to
the age of 67 years whichever is earlier.
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24. If the value of Goods & Services and
compensation if any claimed exceeds
5 lakhs and not exceed 25 lakhs.
Any person may prefer an appeal to
the National commission against the
order of the state commission within a
period of 30 days after the order.
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25. National Redressal Commission
A person who is or has been a Supreme
court Judge to be appointed by the
central govt shall be the president.
Not less than four members
• One women not less than 35 years.
• Possess a Bachelors Degree.
• Having at least 10 years experience
in law, commerce , Accountancy etc.
Term of committee is 5 years or up to the
age of 70 years whichever is earlier.
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26. Complaints where the value of goods
& services or compensation claimed
exceed 25 lakhs.
Any person may prefer an appeal to
the supreme Court against the order
of the National commission within a
period of 30 days after the order.
The district , State or the national
commission shall not admit a compliant if
it is not filed within 2 years from the date
of cause of action
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