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CONSUMER PROTECTION

ACT, 1986

Presented by

Dr.P.V.V.Satyanarayana Murthy Ph.D

Former Member, District Consumer Forum, Vijayawada

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BACKDROP OF THE LEGISLATION

United Nations adopted guidelines for Consumer

Protection in 1985 and circulated the same to its

member countries. Our country enacted

Consumer Protection Act in 1986 which has come

into force in 1987.

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PURPOSE OF THE ACT

To provide for better protection of

the interests of consumers

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APPLICATION OF THE ACT

This Act applies to all

goods and services,otherwise expressly

exempted by Central

Government bynotification.

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WHAT THE ACT ENVISAGES

It provides for establishment of

Consumer Protection Councils.

Consumer Disputes RedressalAgencies

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CONSUMER PROTECTION COUNCILS

District Consumer Protection Council

Chairman : District Collector

State Consumer Protection Council

Chairman : Consumer Affairs Minister of the State

Central Consumer Protection Council

Chairman : Consumer Affairs Minister Govt. of India

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OBJECTS OF THESE COUNCILS

To promote and protect the rights of theconsumers such as:-

1. Right to safety

2.Righttoinformation

3. Right to choose

4. Right to be heard

5. Rightto redressal6. Right to consumer education

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CONSUMER DISPUTES REDRESSAL

AGENCIES

Consumer Disputes Redressal Forum known

as District Forum at District level.

State Consumer Disputes Redressal

Commission known as State Commission at

state level.

National Consumer Disputes Redressal

Commission known as National Commission

at national level.

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DISTRICT FORUM

It is established at the district head-

quarters with 3 members out of which

one shall be a woman. President shall be

a district judge.

Rs. 20 Lakhs monetary jurisdiction .

Territorial jurisdiction extends to the

entire revenue district / assigned

revenue divisions.

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STATE COMMISSION

Monetary Jurisdiction : Above Rs.20 Lakhs to one

crore

Territorial Jurisdiction:Extends to the entirestate

Appellate Jurisdiction : On orders of District

Forum.

Administrative Jurisdiction: On all the District Forums

established in that particular state.

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NATIONAL COMMISSION

Monetary Jurisdiction : Above Rs. One Crore .

Territorial Jurisdiction: Whole of India exceptJ & K.

Appellate Jurisdiction: On the orders of StateCommissions.

Administrative Jurisdiction: On all the ConsumerCourts.

On the orders of the National Commission appeal lies to

the Supreme Court.

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DEFINITIONS

Complainant

Consumer

DefectDeficiency

Goods

Services

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COMPLAINANT

The following are empowered to approachconsumer courts.

Consumer

Registered Voluntary Consumer Association

Central or any State Government

One or more consumers where there are

numerous consumers having the same interest

In case of death of consumer his legal heir/

representative

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CONSUMER

Buys any goods for a consideration whichhas been paid or promised or partly paid and

partly promised, or under any system of

deferred payment and includes any user of

such goods other than the person who buyssuch goods for consideration paid or

promised or partly paid or partly promised, or

under any system of deferred payment when

such use is made with the approval of suchperson, but does not include a person who

obtains such goods for resale or for any

commercial purpose; or,

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CONSUMER CONTD.,

hires or avails of any services for a considerationwhichhas been paid or promised or partly paid and partly

promised, or under any system of deferred payment and

includes any beneficiary of such services other than the

person who hires or avails of the services forconsideration paid or promised, or partly paid and partly

promised, or under any system of deferred payment,

when such services are availed of with the approval of

the first mentioned personbut does not include a person

who avails of such services for any commercial purpose.

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DEFECT

Any fault, imperfection or short-

coming in the quality, potency,

purity or standard which is requiredto 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 thetrader in any manner whatsoever in

relation to any goods.

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DEFICIENCY

Any fault, imperfection, short coming or

inadequacy in the quality, nature and

manner of performance which is requiredto 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 otherwisein relation to any services.

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GOODS

Goods as defined in the Sale of GoodsAct, 1930.

All immovable properties except moneyand actionable claims are goods. Even

the material that form part of the land

such as growing crop, grass etc. thatcan be separated from the land by an

agreement are also goods.

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SERVICE

Service of any description which is madeavailable to potential usersand includes but

not limited to, the provision of facilities in

connection with banking, financing,

insurance, transport, processing, supply ofelectrical or other energy, board or lodging

or both housing construction, entertainment,

amusement or the purveying of news or

other information, but does not include the

rendering of any service free of charge or

under a contract of personal service.

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WHY THIS ACT IS UNIQUE?

This Act envisages simple,speedy and less-expensive

justice.

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OTHER ASPECTS

Complaint must be filed with in 2

years from the date on which the

cause of action arose

Appeal against an order shall be

preferred by any aggrieved partywith in 30 days

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PENALTIES

Any party who fails to comply with

the order of the consumer courtmay have to suffer a maximum

punishment of 3 years

imprisonment or Rs.10,000/- fine or

both.

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Thank you

Now you can seek

clarifications