CONSUMER PROTECTION ACT

1. CONSUMER PROTECTION ACT

2. Introduction Before the enactment of the consumer protection Act,1986 a person aggrieved by the defective goods or deficiency in service had to approach the ordinary civil court to get his grievances redressed. The proceeding in the ordinary civil court is very complex, expensive and time consuming. In order to give more protection to the interest of consumers of goods and service the parliament enacted the consumer protection act 1986. The law relating to consumer protection is contained in the Consumer Protection Act, 1986. Aimed at providing simple, quick, and cheaper protection of consumer interest.

3. Who Is A Consumer Consumer of Goods A person who has purchased goods for a consideration. The consideration may be paid or promised to pay or partly paid or partly promised. A person who has purchased goods under a system of deferred payment is also a consumer. Consumer of Service A person who has hired or availed of any service for consideration .Consideration may be paid or promised to pay or partly paid. A person who has hired or availed of any service under system of deferred payment.

4. Objectives Of The Act

5. Redressal Agency

6. Scope Of The Act Applies to whole India Applies to all type of goods and services, public utilities & public sector undertakings All types of complains relating to goods ,unfair trade practice A suit pending in civil court cannot be heard in consumer court

7. What Is A Complaint Complaint” means any allegation in writing made my a compliant that : An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider. The goods bought by him or agreed to be bought by him suffer from one or more defects. The services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect. Goods or Services which are hazardous to life. A trader or service provider as the case may be has charged for the goods or for the services mentioned in the complaint, a price in excess of the price fixed by or under any law for the time being in force. displayed on the goods or any package containing such goods. displayed on the price list exhibited by him by or under any law for the time being in force. agreed between the parties .

8. Who Can File A Complaint The consumer to whom the goods are sold or delivered, or agreed to be sold or delivered , or the service has been provided, or agreed to be provided. Any recognized consumer association , regardless of whether the consumer is a member of such association or not. One or more consumer , where there are numerous consumer having the same interest with permission of the district forum on behalf of or for the benefit of all consumer so interested. The state or central govt. either its individual capacity or as a representative of the interest of the consumer in general.

9. Consumer Dispute Redressal Agencies Where to File A Complaint District forum headed by District judge , jurisdiction- district. State Commission headed by Judge of High Court, jurisdiction- whole state. National Commission headed by Chief Justice Of India, jurisdiction- entire nation. If the cost of goods or services and compensation asked for is up to Rs. 20 lakh ,the district where the cause of action has arisen or where the opposite party resides. State Commission - If the cost of goods or services and compensation asked for is more than rupees 20 lakh , but less than rupees 1 Crore. National Commission at New Delhi. - If the cost of goods or services and compensation asked for exceed rupees 1 Crore

10. Procedure To File A Complaint Notice to the Opposite Party. Prepare the consumer complaint in the required format Get the complaint affidavit notarized through a notary Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing The court will send a notice & complaint copy to the opposite party seeking reply within 30 days Where complaint alleges a defect in the goods which cant be determined without proper analysis, the forum/commission send it to the laboratory to find out whether there is any defect in it or not? The hearings will continue till the matter is decided The complaint should be decided within 90 days

11. Time Limit To File A Complain Sec. 24A of the Act provides that a consumer dispute can be filed within 2 years from the date on which the cause of action arises. Appeals are require to be filed within 30 days from the date of receipt of the court's order

12. Relief To Consumers Penalties Repair of defective goods. Replacement of defective goods Refund of price paid for defective good/services Removal of deficiency in service Refund of extra money charge Withdrawal of goods hazardous to life Compensation for the loss due to negligence of opposite party. If trader fails to follow the order then he shall be punishable with min. 1 month up to 3yrs with fine of min. Rs.2000 up to Rs.10000 If frivolous complaint is filed then it shall be dismissed & complainant is penalized to pay the cost incurred by opposite party (not more than Rs.10000 )

13. Chetan Prakash v/s MET Institute Prakash was in final year of BSc when he sought admission in the institute for MCS. The institute had stipulated that in order to pursue the MCS course, student has to clear III year exams. He deposited the fees before declaration of result. Seeing that he had failed in exams, he tried to withdraw the admission and requested for a refund, to which the institute did not responded. Finally, he sent a legal notice to the institute, and then complaint in the consumer forum. lodged a Judgement: The institute had to pay the complainant, Chetan Prakash, Rs 32,000 as compensation for harassment along with the course fee of Rs.62,200.

14. Krishnan Kumar Bajaj vs. PepsiCo Bajaj, a resident of Ahmedabad, had purchased a Lay’s packet on 28 June 2010 and sensed its being underweight. • He wrote twice to the manufacturer. While the first letter got no response, in reply to the second, it offered Bajaj gifts hamper which he refused. Bajaj approached CERS, who wrote to PepsiCo. Company refused to accept their fault and gave several unsatisfactory clarifications. CERS took the issue to the Consumer Disputes Redressal Forum, which also gave a favourable ruling. The company asked for the bill of purchase which Bajaj could not produce Judgement: The Court overruled the argument of his not having a bill. CERS requested the court to direct PepsiCo to deposit Rs.2,00,000 in the Consumer Welfare Fund and award Rs.2,75,250 as punitive damages and also to give Rs.75,000 as costs of litigation.