consumer protection act3rd sem

8/13/2019 Consumer Protection Act3rd Sem

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A

presentation

on consumer protectionact, 1986


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Introduction

The Consumer Protection Act was enactedin 1986.

Amendments were made in 2002.

The Act applies to the whole of India exceptthe State of Jammu and Kashmir.

An Act to provide for the better protection of

the interest of the consumers.

Establishment of Consumer Councils and

other authorities for the settlement of

consumers disputes.


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Objectives

Right of protection to life and property

Right to be informed

Right to choose

Right to be heard

Right to redress

Right to education


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Definitions.

Consumer"means any personwho

buys any goods for a consideration,

hires or avails of any services for a

consideration, uses such goods with the

approval of person who has boughtsuch goods for consideration.

is beneficiary of services with theapproval of person who has hiredthe services for consideration.

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"person"includes,

a firm whether registered or not;

a Hindu undivided family;

a co-operative society;

every other association of persons whether

registered under the Societies Registration

Act, 1860 (21 of 1860) or not;

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Service: Sec 2 (o)

Service of any description which is

made available to potential users

and includes the provisions of

facilities in connection with banking,

financing, insurance, transport,

processing, supply of electrical or

other energy, boarding or lodging ofgood, house construction,

entertainment, amusement or other

information.

Seminar on Banking & Insurance

ServicesUnder Consumer

Protection Act.


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Continued

Complaint"means any allegation inwriting made by a complainant that

an unfair trade practice or a restrictive trade

practice has been adopted by any trader orservice provider;

the goods bought by him or agreed to bebought by him; suffer from one or moredefects;

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The services hired or availed of or agreed tobe hired or availed of by him suffer fromdeficiency in any respect;

A trader or service provider, as the case maybe, has charged for the goods or for theservice mentioned in the complaint a price inexcess of the price.

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Goods which will be hazardous to life and

safety when used or being offered for sale to

the public.

Services which are hazardous or likely to be

hazardous to life and safety of the public

when used. E.g.. Atrficial color in food.

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UNFAIR TRADE PRACTICE

Adopting unfair methods or deception to promote

sale, use or supply of goods or services.

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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RESTRICTIVE TRADE PRACTICE

Price fixing or output restraint redelivery/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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Continued

Consumer dispute" means a dispute

where the person against whom a

complaint has been made, denies ordisputes the allegations contained in the

complaint.

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Defect

Any fault, imperfections 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 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 PROTECTION

COUNCILS

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Central

Council

State

Council

District

Council


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Central Consumer Protection Council.

The Central Council shall consist

of the following members,

The Minister in charge of the consumer

affairs in the Central Government, who

shall be its Chairman, and

Such number of other official or non-official

members representing such interests as

may be prescribed.


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Continued

Objects of the Central Council.

The objects of the Central Council shall be to

promote and protect the rights of theconsumers such as,

The right to be protected against the

marketing of goods and services which arehazardous to life and property;

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The right to be assured, wherever possible,

access to a variety of goods and services at

competitive prices; The right to be heard and to be assured that

consumer's interests will receive due

consideration at appropriate forums;

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The right to be informed about the quality,quantity, potency, purity, standard and price ofgoods or services the right to seek redressal

against unfair trade practices or restrictivetrade practices or unscrupulous exploitation ofconsumers; and

The right to consumer education.

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Procedure for meetings of the

Central Council.

The Central Council shall meet as and when

necessary, but at least one meeting of the

Council shall be held every year.

The Central Council shall meet at such time

and place as the Chairman may think fit and

shall observe such procedure in regard to the

transaction of its business as may beprescribed.

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State Consumer Protection

Councils.

The State Council shall consist of the following

members, namely:

The Minister in charge of consumer affairs inthe State Government who shall be its

Chairman;


members representing such interests as maybe prescribed by the State Government.

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members, not exceeding ten, as may be

nominated by the Central Government.

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Procedure for meetings of the State

Council.

The State Council shall meet as and when

necessary but not less than two meetings shall

be held every year.

The State Council shall meet at such time and

place as the Chairman may think fit and shall

observe such procedure in regard to the

transaction of its business as may beprescribed by the State Government.

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Objects of the State Council.

The objects of every State Council shall be

to promote and protect within the State the

rights of the consumers.

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District Consumer Protection

Council

It consist of the following members, namely

the Collector of the district (by whatever name

called), who shall be its Chairman;

such number of other official and non-official

members representing such interests as may

be prescribed by the State Government.

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Procedure for meetings of the District

Council.

The District Council shall meet as and when

necessary but not less than two meetings shall

be held every year.

The District Council shall meet at such time

and place within the district as the Chairman

may think fit and shall observe such procedure

in regard to the transaction of its business asmay be prescribed by the State Government.

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Continued

The objects of every District Council shall be

to promote and protect within the district the

rights of the consumers.

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CONSUMER DISPUTES

REDRESSAL AGENCIES

District Forum

StateCommission

NationalCommission

Consumer

Disputes

Redressal

Agencies


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CONSUMER DISPUTES

REDRESSAL AGENCIES

Redressal Forums.

District Forums - a Consumer DisputesRedressal Forum to be known as the

"District Forum" established by the State

Government in each district of the State by

notification:

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Each District Forum shall consist of,

A person who is, or has been, or is qualified tobe a District Judge, who shall be its President; Two other members, one of whom shall be a

woman, who shall have the following

qualifications, namely

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Be not less than thirty-five years of age,

Possess a bachelor's degree from arecognized university,

Be persons of ability, integrity and standing,and have adequate knowledge and experienceof at least ten years in dealing with problemsrelating to economics, law, commerce,accountancy, industry, public affairs oradministration:

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Jurisdiction of the District Forum.

The District Forum shall have jurisdiction to

entertain complaints where the value of the

goods or services and the compensation, if any,

claimed ''does not exceed rupees

twenty lakhs.

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Continued

State Commission - A Consumer Disputes

Redressal Commission to be known as the

"State Commission" established by the StateGovernment in the State.

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Each State Commission shall consist of

A person who is or has been a Judge of a

High Court, appointed by the State

Government, who shall be its President.

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Not less than two, and not more than suchnumber of members, and one of whom shall be awoman, who shall have the followingqualifications, namely:

- Be not less than thirty-five years of age;- Possess a bachelor's degree from a recognized

university;

- Be persons of ability, integrity and standing, and

have adequate knowledge and experience of atleast ten years in dealing with problems relating toeconomics, law, commerce, accountancy,industry, public affairs or administration:

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JURISDICTION

Forum / Commission Where the value of the goods orservices and the compensation, ifany claimed,

District Forum Does not exceed Rs. 20 lakhs

State Commission Rs. 20 lakhs and above but notexceeding One Crore

National Commission Above One Crore

Besides, State and National Commission have appellatejurisdiction also.

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Appeals

Appeal to the State commission:

Any person aggrieved by an order made by the

district forum may prefer an appeal against such

order to the State commission within a period of 30days.

Appeal to the National commission:

Any person aggrieved by an order made by the

State commission in exercise of its powers mayprefer an appeal against such order to the National

commission within a period of 30 days.


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Hearing of appeal Sec 19(a)

No adjournment shall be ordinarily granted bythe state commission or the Nationalcommission as the case may by unlesssufficient cause is shown and the reasons forgrant of adjournment have been recorded.

The State commission and the National

commission ads the case may be shall makesuch orders as to the costs occasioned by theadjournment.


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Miscellaneous

Protection of action taken in good faith

Power to remove difficulties

Power to make rules

Laying of rules

consumer protection act3rd sem

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