CONSUMER%20PROTECTION%20ACT,%201986

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CONSUMER PROTECTION ACT, 1986

• Alokesh Banerjee

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BRIEF HISTORICAL BACKGROUND

• Scenario in early 70s 80s
• Existing laws providing consumer protection
• Shortcomings of such Laws

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UN GUIDELINES FOR THE CONSUMER PROTECTION

• Protect from hazard to health safety
• Promote protect economic interests
• Provide adequate information for informed choice
• Consumer education
• Provide effective redressformal and informal
  procedures
• Freedom to form groups present views in
  decision-making affecting consumers

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THE CONSUMER PROTECTION ACT, 1986 (ACT)

• Applicability
• Amendments
• Amendments in the year 1993
• Amendments in the year 2002

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WHO IS A CONSUMER?

• Two kinds of consumer under the Act
• Consumer of goods
• buys or agrees to buy goods
• any user of such goods
• Consumer of services
• hires or avails any services
• any beneficiary of such service

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CONSUMERS NEED PROTECTION AGAINST

• Unfair trade practice
• Restrictive trade practice
• Defects
• Deficiencies

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CONSUMERS NEED PROTECTION AGAINST

• 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).
• Charging above MRP printed.
• Misleading public about anothers goods or
  services.
• Falsely claiming a sponsorship, approval or
  affiliation.
• Offering misleading warranty or guarantee.

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CONSUMERS NEED PROTECTION AGAINST

• 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.

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CONSUMERS NEED PROTECTION AGAINST

• DEFECTS
• 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 under any
  contract express or implied or as is claimed by
  the trader in any manner whatsoever in relation
  to any goods.
• DEFICIENCY
• 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.

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CONSUMER'S RIGHTS

• Right to safety against hazardous goods and
  services
• Right to be informed about quality, quantity,
  purity, standard, price
• Right to choose from a variety at competitive
  prices
• Right to be heard
• Right to seek redressal
• Right to consumer education

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FORUM JURISDICTION

• Consumer Disputes Redressal Forums (District
  Forum)
• Claims less than or equal Rs.20 lacs.
• Consumer Disputes Redressal Commissions (State
  Commission)
• Claim more than Rs.20 lacs less than Rs.1 crore
  appeals.
• National Consumer Disputes Redressal Commission
  (National Commission)
• Claim equal to Rs.1 crore appeals

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REQUISTIES OF A COMPLAINT

• Who can file a complaint
• Where to file a complaint
• How to file a complaint
• What constitutes a complaint?
• Procedure for filing the appeal

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ESSENTIAL INFORMATION IN THE APPLICATION

• Name and full address of complainant
• Name and full address of opposite party
• Description of goods and services
• Quality and quantity
• Price
• Date proof of purchase
• Nature of deception
• Type of redressal prayed for

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BENEFITS RELIEFS

• Benefit
• Disposal within 90 days
• No adjournment shall ordinarily be granted -
  Speedy trial
• Relief
• 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.

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• THANK YOU