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The Consumer Protection Act, 1986 a nd rules1987 presentation by Dr. Vasundhara Patil

The Consumer Protection Act, 1986 a nd rules1987 presentation by Dr. Vasundhara Patil. Where does it apply?. It extends to the whole of India except the State of Jammu and Kashmir LIST OF AMENDING ACTS 1. The Consumer Protection (Amendment) Act, 1991 (34 of 1991).

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The Consumer Protection Act, 1986 a nd rules1987 presentation by Dr. Vasundhara Patil

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  1. The Consumer Protection Act, 1986 and rules1987presentation byDr. Vasundhara Patil

  2. Where does it apply? • It extends to the whole of India except the State of Jammu and Kashmir • LIST OF AMENDING ACTS • 1. The Consumer Protection (Amendment) Act, 1991 (34 of 1991). • 2. The Consumer Protection (Amendment) Act, 1993 (50 of 1993). • 3. The Consumer Protection (Amendment) Act, 2002 (62 of 2002).

  3. Consumer protection

  4. Salient features of the act • The Act intends to provide simple, speedy & inexpensive redresses to the consumer's grievances. • The Consumer Protection Act is an alternative and cheapest remedy already available to the aggrieved persons/consumers by way of civil suit. • In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees or even process fee • Proceedings are summary in nature

  5. Who is a consumer ?

  6. Who is a Consumer? • A consumer is any person who buys any goods for a consideration • any person who hires/avails of any service for a consideration • Goods mean any movable property and also include share • Eg of services -Banking, financing, insurance, transport, processing, housing, construction, supply of electrical energy, entertainment, amusement, board and lodging,etc

  7. consumer • The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers • no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

  8. A consumer who is not satisfied with the goods purchased by him or services hired by him should file written complaint in consumer forum

  9. Who can file a complaint? • Complaints can be filed by any consumer, "consumer" means any person who- • (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, • hires or avails of any services for a consideration which has been paid or • promised or partly paid and partly promised,

  10. (m) "person" includes,- (i) a firm whether registered or not;(ii) a Hindu undivided family;(iii) a co-operative society;(iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;

  11. Consumer complaint fee • What is the stamp duty required • No stamp or court fee is needed • But only a nominal fee .

  12. Consumers can make complaints against which of the things? • A) Any unfair trade practice or restrictive trade practice adopted by the trader. • B) Defective goods. • C) Deficiency in service. • D) Excess price charged by the trader. • E) Unlawful goods sale, which is hazardous to life and safety when used.

  13. Definition • Defect" means 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 or 2[under any contract, express or implied or] as is claimed by the trader in any manner whatsoever in relation to any goods;

  14. Definition "deficiency" means 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 service;

  15. "complainant" means- • (i) a consumer; or • (ii) any voluntary consumer association registered under the Companies Act,1956 (1 • of 1956) or under any other law for the time being in force; or • (iii) the Central Government or any State Government; . • 1[(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;

  16. The Consumer Protection Act has provided for a three tier system popularly known as "Consumer forums" District Forum: For claims up to Rs.20 lakhs. State Commission: For claims above Rs.20 lakhs but less than Rs.1 crore. National Commission: For claims above Rs. 1 crore

  17. Time required for dispute settlement Generally complaint should be decided within 90 days from the date of notice issued to the opposite party.If any sample testing is to be done then150days may be required.

  18. What is limitation period for filing complaint? As per section 24 A of , The Consumer Protection Act --- The limitation period is of two years for filing of written complaint in the consumer forum

  19. Is there a right of appeal? • If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. • an appeal against such order to the State Commission within a period of thirty days from the date of the order,

  20. Right of appeal Against the order of the State Commission a consumer can approach to the National Commission. An appeal against such order to the National Commission within a period of thirty days from the date of the order An Appeal against the order of the National commission can be made to Supreme Court within 30days of the order of national commission

  21. What are the reliefs available to consumers? • Consumer courts may grant one or more of the following reliefs:- • A) Repair of defective goods. • B) Replacement of defective goods. • C) Refund of price paid for the defective goods or service. • D) Removal of deficiency in service.

  22. E) Refund of extra money charged. • F) Withdrawal of goods hazardous to life and safety. • G) Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party. • H) Adequate cost of filing and pursuing the complaint.

  23. If the person against whom order is passed does not comply with the order • such trader or 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 thousands rupees but which may extend to ten thousand rupees, or with both:

  24. What Are The Other Advantages To The Consumer Under This Law? • The consumer under this law is not required to deposit advalorem court fees, which earlier used to deter consumers from approaching the Courts. • The rigors of court procedures have been dispensed with and replaced with simple procedures as compared to the normal courts, which helps in quicker redressal of grievances. • The provisions of the Act are compensatory in nature.

  25. Consumers now feel that they are in a position to declare "sellers be aware" whereas previously it was "buyers be aware”

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