CONSUMER CONSUMER PROTECTION ACT, 1986PROTECTION ACT, 1986

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BRIEF HISTORICAL BACKGROUNDBRIEF HISTORICAL BACKGROUND

Scenario in early 70s & 80sScenario in early 70s & 80s

Existing laws providing consumer protectionExisting laws providing consumer protection

Shortcomings of such LawsShortcomings of such Laws

UN GUIDELINES FOR THE CONSUMER UN GUIDELINES FOR THE CONSUMER PROTECTIONPROTECTION

Protect from hazard to health & safety;Protect from hazard to health & safety;

Promote & protect economic interests;Promote & protect economic interests;

Provide adequate information for informed choice;Provide adequate information for informed choice;

Consumer education;Consumer education;

Provide effective redress—formal and informal Provide effective redress—formal and informal

procedures;procedures;

Freedom to form groups & present views in Freedom to form groups & present views in

decision-making affecting consumers;decision-making affecting consumers;

THE CONSUMER PROTECTION ACT, THE CONSUMER PROTECTION ACT, 1986 (ACT)1986 (ACT)

Applicability Applicability

AmendmentsAmendments

Amendments in the year 1993Amendments in the year 1993

Amendments in the year 2002Amendments in the year 2002

WHO IS A CONSUMER?WHO IS A CONSUMER?

Two kinds of consumer under the ActTwo kinds of consumer under the Act

Consumer of goodsConsumer of goodsbuys or agrees to buy goodsbuys or agrees to buy goodsany user of such goods any user of such goods

Consumer of services Consumer of services

hires or avails any serviceshires or avails any services

any beneficiary of such serviceany beneficiary of such service

CONSUMERS NEED PROTECTION CONSUMERS NEED PROTECTION AGAINSTAGAINST

Unfair trade practiceUnfair trade practice

Restrictive trade practiceRestrictive trade practice

DefectsDefects

DeficienciesDeficiencies

UNFAIR TRADE PRACTICEUNFAIR TRADE PRACTICE Adopting unfair methods or deception to promote sale, Adopting unfair methods or deception to promote sale,

use or supply of goods or services e.g.use or supply of goods or services e.g.

Misleading public about price (e.g. bargain price when Misleading public about price (e.g. bargain price when

it is not so).it is not so).

Charging above MRP printed.Charging above MRP printed.

Misleading public about another’s goods or services.Misleading public about another’s goods or services.

Falsely claiming a sponsorship, approval or affiliation.Falsely claiming a sponsorship, approval or affiliation.

Offering misleading warranty or guarantee.Offering misleading warranty or guarantee.

CONSUMERS NEED PROTECTION AGAINST

CONSUMERS NEED PROTECTION AGAINSTCONSUMERS NEED PROTECTION AGAINST

RESTRICTIVE TRADE PRACTICERESTRICTIVE TRADE PRACTICE Price fixing or output restraint re: delivery/flow of supplies to Price fixing or output restraint re: delivery/flow of supplies to

impose unjustified costs/restrictions on consumers.impose unjustified costs/restrictions on consumers.

Collusive tendering; market fixing territorially among Collusive tendering; market fixing territorially among

competing suppliers, depriving consumers of free choice, fair competing suppliers, depriving consumers of free choice, fair

competition.competition.

Supplying only to particular distributors or on condition of Supplying only to particular distributors or on condition of

sale only within a territory.sale only within a territory.

Delaying in supplying goods/services leading to rise in price.Delaying in supplying goods/services leading to rise in price.

Requiring a consumer to buy/hire any goods or services as a Requiring a consumer to buy/hire any goods or services as a

pre-condition for buying/hiring other goods or services.pre-condition for buying/hiring other goods or services.

CONSUMERS NEED PROTECTION CONSUMERS NEED PROTECTION AGAINSTAGAINST

DEFECTSDEFECTS Any fault, imperfection or shortcoming in the quality, quantity, Any fault, imperfection or shortcoming in the quality, quantity,

potency, purity or standard which is required to be maintained potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any 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 contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.any manner whatsoever in relation to any goods.

DEFICIENCYDEFICIENCY Any fault, imperfection, shortcoming or inadequacy in the Any fault, imperfection, shortcoming or inadequacy in the

quality, nature and manner of performance which is required quality, nature and manner of performance which is required

to be maintained by or under any law for the time being in 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 force or has been undertaken to be performed by a person in

pursuance of a contract or otherwise in relation to any service. pursuance of a contract or otherwise in relation to any service.

CONSUMER'S RIGHTSCONSUMER'S RIGHTS

Right to safety against hazardous goods and Right to safety against hazardous goods and

servicesservices

Right to be informed about quality, quantity, Right to be informed about quality, quantity,

purity, standard, pricepurity, standard, price

Right to choose from a variety at competitive Right to choose from a variety at competitive

pricesprices

Right to be heardRight to be heard

Right to seek redressalRight to seek redressal

Right to consumer educationRight to consumer education

FORUM & JURISDICTIONFORUM & JURISDICTION

Consumer Disputes Redressal ForumsConsumer Disputes Redressal Forums (District (District

Forum)Forum) Claims less than or equal Rs.20 lacsClaims less than or equal Rs.20 lacs. .

Consumer Disputes Redressal CommissionsConsumer Disputes Redressal Commissions ((State CommissionState Commission)) Claim more than Rs.20 lacs & less than Rs.1 crore & Claim more than Rs.20 lacs & less than Rs.1 crore &

appeals.appeals.

National Consumer Disputes Redressal National Consumer Disputes Redressal

CommissionCommission (National Commission) (National Commission) Claim equal to Rs.1 crore & appealsClaim equal to Rs.1 crore & appeals

REQUISTIES OF A COMPLAINTREQUISTIES OF A COMPLAINT

Who can file a complaintWho can file a complaint

Where to file a complaintWhere to file a complaint

How to file a complaintHow to file a complaint

What constitutes a complaint?What constitutes a complaint?

Procedure for filing the appealProcedure for filing the appeal

BENEFITS & RELIEFSBENEFITS & RELIEFS

BenefitBenefit

Disposal within 90 days Disposal within 90 days

No adjournment shall ordinarily be granted - Speedy trialNo adjournment shall ordinarily be granted - Speedy trial

ReliefRelief

Removal of defects in goods or deficiency in services.Removal of defects in goods or deficiency in services.

Replacement of defective goods.Replacement of defective goods.

Refund against defective goods or deficient services.Refund against defective goods or deficient services.

Compensation.Compensation.

Prohibition on sale of hazardous goods.Prohibition on sale of hazardous goods.