This is my first year business law project.. i hope it will help you.. thanks.. for watching..

1. CONSUMER PROTECTION ACT
1986
By:-
Ashutosh Ganatra
FYBMS
Business Law
K.J. Somaiya Science and
Commerce

2. Contents
• Objectives of the Act
• Rights of the Consumer
• Who is a Consumer?
• What is a Complaint?
• Who can file a Complaint?
• What is a Consumer Dispute?
• Redressal Agencies
• Case Studies

3. Objectives of the Act
• To protect and promote the rights of the consumer.
• To provide speedy and simple redressal to consumer
disputes.
This act may be called the Consumer Protection Act,1986.
It extends to the whole of India except the state of Jammu
and Kashmir.

4. Rights of the consumer
• 1. The right to be protected against marketing of goods and services
which are hazardous to life and property
• 2. The right to be informed about the quality, quantity, potency, purity,
standard and price of goods, or services so as to protect the
consumer against unfair trade practices
• 3. The right to be assured, wherever possible, access to variety of
goods and services at competitive prices
• 4. The right to be heard and be assured that consumers' interests will
receive due consideration at appropriate forums
• 5. The right to seek redressal against unfair trade practices or
unscrupulous exploitation of consumers
• 6. The right to consumer education.
• 7. The right to healthy environment.
• 8. The right to basic Needs.

5. Any person who:
• Buys any goods for a consideration which has been paid or will be
paid.
• Hires or avails any service for a consideration which has been paid or
will be paid.
• It does not include a person who obtains goods for resale or any
commercial purpose
Who is a Consumer? Sec. 2 (1) (d)

6. What is a Complaint? [Sec 2(1)(c)]
Complaint is a statement made in writing to the National
Commission, the State Commission or the District
Forum by a person competent to file it, containing the
allegations in detail, and with a view to obtain relief
provided under the Act.

7. Who can file a complaint [Sections 2(b)]
• a consumer; or
• any voluntary consumer association registered under the
Companies Act, 1956 or under any other law for the time
being in force, or
• the Central Government or any State Government,
• one or more consumers, where there are numerious con-
sumers having the same interest.
• in case of death of a consumer, his legal hier or
representative
• who or which makes a complaint.

8. What is a Consumer Dispute? [Sec 2(1)(e)]
• “Consumer Dispute” means a dispute where the person
against whom a complaint has been made, denies or
disputes the allegations contained in the complaint.
• In order to get remedy under the Consumer Protection
Act, a person by himself has no locus standi under the
Consumer Protection Act. A person has to be a consumer
as per the definition of consumer given under the Act.
There has to be a dispute between the consumer and the
trader, manufacturer or a service provider against whom
he has a complaint and he seeks his relief under the
Consumer Protection Act.

9. Redressal Agency
The aims and objectives of the Act are achieved by
District Forum
State Commission
National Commission.

10. • It shall consist of a person who is or has been or is qualified to be a
District Judge as its President,2 other members, one of whom shall
be a woman
• Every member of the District Forum shall hold office for a term of 5
years or up to the age of 65 years which ever is earlier
• It shall have jurisdiction to entertain complaints where the value of
the goods or services and the compensation, if any, claimed does
not exceed Rs.20 Lacs.
District Forum

11. A District Forum shall have the powers
I. To remove the defect pointed out by the appropriate laboratory
from the goods in question
II. To replace the goods with new goods of similar description
which shall be free from any defect
III. To return to the complainant the price, or as the case may be,
the charges paid by the complainant
IV. To pay such amount as may be awarded by it as compensation
to the consumer for any loss or injury suffered by the consumer
due to the negligence of the opposite party

12. •It is established by SG by notification
•It shall have jurisdiction to entertain complaints where the value of the
goods or services and compensation, if any, claimed exceeds Rs. 20
Lacs but does not exceed Rs.1 Crore and appeals against the orders of
any District Forum within the State.
State Commission

13. • It shall consist of a person who is or has been a Judge of the
Supreme Court, as its President. Not less than 4 and not more than
such number of members as may be prescribed and one of whom
shall be a woman
• Every member of the National commission shall hold office for a term
of 5 years or up to the age of 70 years which ever is earlier.
• It shall have jurisdiction to entertain complaints where the value of
the goods or services and compensation, if any, the claim exceeds
Rs. 1 Crore and appeals against the orders of any State Commission.
National Commission

14. Case Studies
• Waheeda Ahmed Khan VS Krishna Kumar, III (1995)
CPJ 70
CASE I
• Vidhya Jain (Dr.) V. Punjab National Bank(1) CPR
158
CASE II
• Expo Machinery Ltd. VS Dilip Kumar 1995 (1) CPR
728
CASE III

15. WaheedaAhmed Khan
VS
Krishna Kumar, III (1995) CPJ 70

16. • The complainant had engaged the services of the
opposite party for the video recording a marriage
function in the family.
• The print which was supplied by the opposite
party was so bad that there was hardly anything
recorded on the tape. It was a deficiency of
services and a compensation of 5,000rs was
granted.

17. Vidhya Jain (Dr.)
V.
Punjab National Bank(1) CPR 158

18. • The complainant was a medical practitioner. She received
a cheque of 2,000rs from one of her clients towards fee
and deposited it with her banker for encashment. The
responders bank failed to credit to her savings bank
account. The bank had infact lost the cheque.
• The complainant was allowed the payment of the cheque
amount with interest @ 5% p.a.

19. Expo Machinery Ltd.
VS
Dilip Kumar 1995 (1) CPR 728

20. • The complaint was about the fridge the complainant had
purchased, the fridge suffered from several defects.
• The opposite party was directed to replace the unit with a
new one .