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THE CONSUMER PROTECTION ACT, 1986

THE CONSUMER PROTECTION ACT, 1986. PROF NEHA SAJNANI. CONSUMER. S.2 (1) (d) : Any Person who. Buys any Goods. Hires/Avails of any Service. For a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includes.

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THE CONSUMER PROTECTION ACT, 1986

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  1. THE CONSUMER PROTECTION ACT, 1986 PROF NEHA SAJNANI

  2. CONSUMER S.2 (1) (d) : Any Person who Buys any Goods Hires/Avails of any Service For a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includes Any User of such Goods, other than the person who buys the goods for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such use is made with the approval of such person Any Beneficiary of such Services, other than the person who hires / avails of the services for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such services are availed with the approval of such person But does not include a person who obtains such goods for resale / commercial purpose But does not include a person who avails of such services for commercial purpose

  3. CONSUMER CONSUMER CONSUMER OF GOODS CONSUMER OF SERVICES

  4. RIGHTS OF CONSUMER

  5. CONSUMER PROTECTION

  6. UNFAIR TRADE PRACTICE • Adopting unfair methods or deception to promote sale, use or supply of goods or services. • Misleading public about price (e.g. bargain price when it is not so) • Charging above MRP printed • Misleading public about another’s goods or services • Falsely claiming a sponsorship, approval or affiliation • Offering misleading warranty or guarantee

  7. RESTRICTIVE TRADE PRACTICE • Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers • Collusive tendering; market fixing territorially among competing suppliers, 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

  8. DEFECTS • Which is required to be maintained by or under any law for the time being in force OR under a contract, express/implied or as is claimed by the trader in any manner whatsoever in relation to any goods

  9. DEFICIENCY • 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

  10. COMPLAINTS

  11. COMPLAINTS

  12. CONSUMER DISPUTES REDRESSAL AGENCIES Procedure for Filing Complaint:- Complaint must be accompanied by fee Form may be admitted or rejected within 21 days On Admission a copy shall be referred to opposite party within 21 days Opposite party is given 30 days to give his version (An additional 15 days may be granted) Where testing is required, sample to be sent within 45 days with deposit of laboratory fees by complainant Copy is also forwarded to opposite party for information & reply Forum gives both parties opportunity to be heard Forum will pass necessary orders

  13. CONSUMER DISPUTES REDRESSAL AGENCIES Complaint Application Form should contain:- Name & Full Address of Complainant Name & Full Address of Opposite Party Description of Goods or Services Quality & Quantity Price Date & Proof of Purchase Nature of Deception Type of Redressal Prayed for

  14. CONSUMER DISPUTES REDRESSAL AGENCIES

  15. Constitution of the Three Tier Redressal Agency

  16. JURISDICTION

  17. CONSUMER DISPUTES REDRESSAL AGENCIES COMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE OF ACTION

  18. Remedies Sec 14 • The District Forum/State Commission/National Commission may pass one or more of the following orders : 1. To remove defects pointed out by the laboratories 2. To replace the defective goods 3. To return to the complainant the price or charges paid by him’ 4. To award compensation to consumer for any loss or injury suffered due to negligence of opposite party. 5. To remove deficiency in services • To discontinue UTP/RTP • Not to offer hazardous goods for sale • To withdraw hazardous goods offered • To provide adequate costs to the parties

  19. FILING FEES

  20. THANK YOU

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