2. ORIGIN
•The Consumer Protection Act, 1986 was enacted to meet
the long felt necessity of protecting the consumers from
getting cheated by unscrupulous suppliers of goods &
services.
•The CPA attempts to provide an inexpensive, simpler, &
quicker access to redressal of consumer grievances.
•The CPA extends to the whole of India except the State
of Jammu & Kashmir
•There is no need to engage a lawyer to present the case.
•There is a time limit for the disposal of the case.
3. WHO IS A CONSUMER?
Any person who buys goods or avails services for consideration.
Consideration may be fully paid, partially paid or fully promised to
be paid or partially promised to be paid.
Any body who uses the goods or services with the consent of the
consumer .
Legal heir of consumer in case death of consumer.
Does not include any person who buys goods for resale or
commercial purpose and services for commercial purpose.
However any person who buys goods for commercial use but
exclusively for his livelihood by means of self employment is a
consumer.
5. RIGHTS OF CONSUMERS
1. Right to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be Heard
5. Right to Redress
6. Right to Consumer Education
7. Right to an Healthy Environment
6. CONSUMER RESPONSIBILITIES
Be quality conscious and thoroughly examine the product
before purchasing it.
Check the quality mark i.e. AGMARK, ISI, BIS, etc.
Ask for a Guarantee card if there is one.
Insist on a cash memo which is required as proof of purchase
in case of a complaint.
Read information provided on the packet.
7. CONSUMER NEED PROTECTION AGAINST
•Defects
•Deficiency
•Unfair Trade Practice
•Restricted Trade Practice
8. WHAT IS A DEFECT ?
Fault
Imperfection
Shortcoming
In the
Quality
Quantity
Potency
Purity
Standards
Which is required to be maintained by or under
any law for the time being in force
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9. WHAT IS A DEFICIENCY ?
Fault
Imperfection
Shortcoming
Inadequacy
In the
Quality
Standard and
Manner of performance
Which is required to be maintained by or under
any law for the time being in force
10. UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use or supply
of goods or services e.g.
Misleading public about price (e.g. bargain price when it is not so).
Falsely claiming a sponsorship, approval or affiliation.
Offering Paid free gifts.
Hoarding.
Not providing after sale service.
11. RESTRICTED TRADE PRACTICE
Price
fixing or output restraint
costs/restrictions on consumers.
,
to
impose
unjustified
Collusive tendering, depriving consumers of free choice, fair
competition.
Supplying only to particular distributors or on condition of sale
only within a territory.
Delaying in supplying goods/services leading to rise in price.
Requiring a consumer to buy/hire any goods or services as a pre-
condition for buying/hiring other goods or services.
12. EXAMPLES OF RESTRICTED TRADE PRACTICE
I had payed a certain amount for a electrical equipment, which the
shop owner was to deliver to me in 7 days. But the delivery took
15 days and now the shop owner is asking for more money, as the
cost of the product has increased. Here the shop owner has
purposely made the delay in delivery, so as to charge a higher
price.
A mobile service provider keeps a condition that a customer who
buys a new sim-card has to make the 1st recharge with Rs. 150.
thus, the customer is bound under RTP.
A furniture dealer offers to sell a sofa at Rs. 20000 & Double bed at
Rs. 15000. he has an offer that whoever will buy both the items will
be charged only Rs. 30000. here the choice is open to the
customer to buy the items single or composite . This is not a
restrictive trade practice.
13. COMPLAINT
Complaint is an allegation made in writing to
the National Commission, the State
Commission or the District Commission, by a
Person competent to file it, with the view to
obtaining relief provided the act.
14. WHO CAN FILE A COMPLAINT?
“Complainant” means–
a consumer; or
II.
any voluntary consumer association registered under the
Companies Act or under any other law for the time being in force;
III. the Central Government or any State Government, who or which
makes a complaint;
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;
VI. User of Goods & Beneficiary of services;
VII. Husband of the Consumer;
VIII. Insurance Company.
I.
15. PROCEDURE AFTER COMPLAINT
File a complaint .
Proper authority will send notice to the opposite
party within 30 days.
Opposite party has to reply within 30 days.
In Maximum 90 days, the matter will be decided if
testing isn’t required.
Extended upto 150 days is testing is required.
17. Fee for filing a Complaint
[Section 12(2)]
Sr.
No.
Value of Goods / Service and Compensation
Amount
of Fees
1)
Upto Rs. 1 lakh rupees
Rs. 100
2)
Rs. 1 Lakh and above but less than Rs.5 lakhs
Rs. 200
3)
Rs. 5 Lakhs and above but less than Rs. 10 lakhs
Rs. 400
4)
Rs. 10 lakhs and above but less than Rs. 20 lakhs
Rs. 500
The fees shall be paid by Cross demand Draft drawn on a nationalized bank
or through crossed Indian postal order drawn in favor of the Registrar of the
Sate Commission and payable at the place of the State Commission.
18. LIMITATION PERIOD FOR FILING A COMPLAINT
District Forum or State Commission or the National Commission within 2
years from the date on which the cause of action has arisen. The
Forum/Commission concerned can overlook the delay for recorded
reasons [Section 24A].
Appeals are require to be filed within 30 days from the date of receipt of
the court's order.
It may be noted that these time frames are not absolute limitations. If the
Consumer Forum is satisfied that there was sufficient cause for not filing
the complaint within the prescribed period, it can entertain a complaint
beyond limitation time. However the Forum must record the reasons for
condensation of delay.
20. Consumer dispute Redressal Agencies
The Act envisages a Three-tier quasi-judicial machinery at the National,
State and District levels.
National Consumer Disputes Redressal Commission –
Its President shall be a Judge of Supreme Court . 4 members and at
least one them shall be a woman.
State Consumer Disputes Redressal Commissions Its President shall be a Judge of High Court. Two other members,
one of whom shall be a woman.
District Consumer Disputes Redressal Forums –
Its President shall be a District Judge appointed by State
Government. Two other members, one of whom shall be a woman.
21. JURISDICTION
Forum / Commission
Where the value of the goods or
services and the compensation, if
any claimed,
District
Does not exceed Rs. 20 lakhs
State
Rs. 20 lakhs and above but not
exceeding One Crore
National
Above One Crore
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22. PROCEDURE FOR FILING THE APPEALS
Appeal against order passed by the
District Forum State Commission
State Commission National Commission
National Commission Supreme Court
Within a period of 30 days from the date of an order. An appeal may
be entertained after expiry of period provide Forum/Commission
concerned is satisfied with cause of delay.
Procedure for filing an appeal is the same as that of complaint,
except that the application should be accompanied by the orders of
DF/ SC/ NC , as the case may be.
The reasons for filing the appeal should be clearly specified.
23. RELIEFS
Removal of defects in goods or deficiency in services.
Replacement of defective goods.
Refund against defective goods or deficient services.
Compensation.
Prohibition on sale of hazardous goods.
Claiming the excess money charged.
Punishment.
Removal of Dead/Defective stock.
24. PENALTIES
According to CPA ,where a Trader or the Complainant
fails to comply with an order made by the relevant
consumer forum , such person is liable to - a Punishment with imprisonment for a term which is not
less than 1 month but which may extend to 3 years ; or
with Fine of not less than 2000 INR but which may
extend to 10000 INR ; or
with both.
25. PRACTICAL PROBLEMS
„A‟ boarded a Train. The compartment in which he travelled was
in bad shape, namely- fans &shutters of windows were not
working, rexin of the berth was badly torn & there were rusty
nails which caused some injury to his wife who was also
travelling along with him. „A‟ made a complaint against Railways
for deficiency in service.
It was held that the faults or the short-comings pointed out in the
complaint constituted ‘Deficiency in Service’ & the compensation of Rs. 1500
was awarded to ‘A’.
A Superfast Train in which I was travelling was delayed for long
hours without any reason. Can this be a ground for filing a
complaint against the Railways?
Additional charges are taken by the Railways from the passengers
travelling by a Superfast Train. If the trains are delayed for long hours and
the delay has not been properly explained it amounts to deficiency in
service and therefore the Railway is bound to refund the excess charges.
