CONSUMER PROTECTION ACT, 1986.OBJECT OF THE ACT: The right 1) to be protected against marketing of goods and services which are hazardous to life and property, 2) to be informed about quality, quantity, purity, price, 3) to be heard at appropriate forums, 4) to seek redressal against unfair trade practices or restrictive trade practices and 5) for consumer education. FEATURES OF THE ACT: Act applies to all goods and services, all the sectors. The provisions of this Act are compensatory in nature. Provisions to issue orders & for damages, for creation of State & National benches. COMPLAINANT: Means: a consumer, any registered voluntary consumer association, Central or State Govt., or one or more consumers.

CONSUMER PROTECTION ACTCONSUMER: A person buys goods for consideration, but does NOT include a person who buys for resale or for any commercial purpose. However if such goods are used for the purpose of earning livelihood by means of self employment, then it will NOT deemed to be commercial.In State Government of Maharashtra Vs. Hindustan Computers Ltd, the Govt. purchased photo copying machine for photo copying the registered documents for public, was held a purchase NOT for commercial purpose.SERVICES: It means service of any description which is made available to potential users as defined in the Act.GOODS: Goods as defined in the Sale of Goods Act, 1930 means any movable property.

UNFAIR TRADE PRACTICEIt means a trade practice which a trader for the purpose of promoting the sale of goods / services adopts unfair method or unfair deceptive practice. Namely:Making any statement orally or writing or visible representation which FALSELY REPRESENT: 1) goods or services of a particular standard, quality, quantity, style, model etc. 2) second hand, renovated or old, as new goods 3) approval, performance, which goods does not have 4) need for or usefulness of any goods or services 5) any guarantee or warranty.REFER TEXT BOOK FOR MORE.

REDRESSAL MACHINERYJURISDICTION: District Forum: Complaints -- value of goods / services / compensation -- up to Rs.20 lakhs. State Commission: -- From Rs 20 lakhs to Rs. 1 Cr. National Commission: -- Above Rs.1 Cr.REJECTION BY FORUM : Lack of jurisdiction, non-pay. of fees, vexatious, lapse of time, complainant is not a consumer, dispute is NOT a consumer dispute.

REMEDIES UNDER THE ACT: To remove the defects in the goods, to replace the goods with new goods free from defects, to return the price, to pay such amount as compensation to the consumer, to discontinue unfair trade practice etc..

CONSUMER PROTECTION ACTLIMITATION PERIOD FOR FILING COMPLIANT: WITHIN 2 YEARS from the date the cause of action has arisen.

WHO CAN FILE A COMPLIANT: Consumer who has purchased the goods, any recognized consumer association, one or more consumer for the benefit of all consumers, Central or State Govt. ADMISSION OF COMPLIANT: Admissibility of the compliant decided within 21 days of receipt. If admitted a copy is issued to opposite party within the next 21 days and giving him 30 days time to reply.

TIME LIMIT FOR DISPOSAL OF CASE BY THE FORUM: Within 3 months from the date of receipt of notice of the Dist., State or National Forum by the opposite party and within 5 months if lab testing is required.

CONSUMER PROTECTION ACTPOWERS OF REDRESSAL AGENCIES : Punitive, General damages, ex-parte orders, enforcement of interim orders, summary power for disobeying the orders.General damages: Forum can order for compensation for opposite parties negligence, damages, mental agony and anxiety caused. The minimum damages shall not be less than 5% of the value of the defective goods or services. APPEAL: Against the order of the Dist. Forum APPEAL to State Commission. To deposit 50% or Rs.25000 which ever is LOWER, of the order of the Dist. Forum. From State Com. to National Commission, to deposit 50% or Rs.35000 LOWER of the order of State Commission. Against Nat. Com. to Supreme Court, deposit 50% or Rs.50,000 which ever is less of the order of Nat. Comm. Time limit to file appeal : Within 30 days from the date of the order. State and National Commission to decide within 90 days from the date of its admission.

COMPETITION ACT 2002. OBJECTIVES: Safety & stability of domestic market, transparency, prevention of abusive practices, to benefit consumers. To regulate the unethical competition in the international trade.Act covers: prohibition of anti-competitive agreements & abuse of dominant position, regulation of combinations & mergers. Penalties for contravention of orders & constitution of competition fund. Competition Commission of India: A regulatory body for administration and enforcement of law.

TRADE PRACTICES: Means any practice relating to carrying on of any trade and includes anything done by the trader in relation to any trade. UNFAIR TRADE PRATICE: A trade practice, which a person adopts for the purpose of sale, use of supply of goods or provision of any services by any unfair method / practice. For example, misleading advertisements, Gifts offered as free of charges but the prices are covered, Hoarding or refusing to sell the goods. (Ref Text Book)

RESTRICTIVE TRADE PRACTICSRESTRICTIVE TRADE PRACTICES: A practice which tends to obstruct or prevent the flow of capital or resources or bring about manipulation of prices or to affect flow of supplies of goods or services, so as to impose unjustified cost or restriction on consumers. (Ref: Text book for details)INDICATORS OF RESTRICTIVE TRADE PRACTICES: 1) Any agreement which restricts or likely to restrict, by any method, the person to whom goods are sold or bought. 2) any agreement requiring the purchaser of goods, as a condition of such purchase, to purchase some other goods. 3) any agreement to sell the goods at such prices, as would have the effect of eliminating competitions or a competitor. 4) any agreement, not to employ or restrict the employment of any methods, machinery in the manufacture of goods.

CONSUMER PROTECTION.PRODUCT LIABILITY: Sometimes the manufacturers sell their goods by misrepresented advt.. If the products are used by the consumers without proper instructions or found defective, consumers are entitled to damages for the injury. The manufacturers must be aware of the law of the country in which they intend to sell. PRODUCT includes natural and industrial product whether raw or manufactured, movable or immovable. Basis for claims: Defects in : Design, manufacturing, marketing, negligence, insufficient instructions. Plaintiff to establish the defects and breach of warranty.

PUBLIC INTEREST LITIGATION : Enforcement of public interest in which the public or class of the community have interest and their legal rights or liabilities are affected. In its far-reaching decision in the case of Peoples Union for Democratic Rights Vs. Union of India, recognized that a third party could directly petition by a letter or other means.