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CONSUMER PROTECTION
ACT, 1986
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Objective
The act seeks to provide better protection in the interests of consumers for the
purpose, to make provision for the establishment of Consumer councils and other
authorities for the settlement of consumer disputes and for matter connected
therewith.
To promote and protect the rights of consumers
To provide speedy and simple redressal to consumer disputes
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WHO IS A CONSUMER?
Two kinds of consumer under the Act
Consumer of goods / services
buys or agrees/hires or avails to buy goods/ any
services
any user of such goods / service
does not include a person who obtains such goods for
resale or for any commercial purpose
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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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UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use
or supply of goods or servicesMisleading 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.
CONSUMERS NEED PROTECTIONAGAINST
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CONSUMERS NEED PROTECTION
AGAINST
RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint (delivery/flow of supplies to
impose unjustified costs/restrictions on consumers)
Collusive tendering; market fixing territorially amongcompeting 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 PROTECTIONAGAINST
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 impliedor as is claimed by the trader in any manner whatsoever in relation to
any goods.
DEFICIENCYAny 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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COMPLAINT
What constitutes a complaint?
Who can file a complaint
Where to file a complaint
How to file a complaint
Procedure for filing the appeal
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"complaint" means any allegation in writing made by a complainantthat-
(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader orservice provider
(ii) the goods bought by him or agreed to be bought by him suffer from one or more
defects
(iii)the services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect;
(iv) a trader or the service provider, as the case may be, has charged for the goods or for
the services mentioned in the complaint, a price in excess.
(v) goods/ service which will be hazardous to life and safety when used, are being-offered
for sale to the public
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Amount ofCompensation YouSeek
Form/ Commission President Other Members
Up to Rs. 20 Lakh
District Consumer
Disputes RedressalForum
Must be qualified tobe a District Judge.
Two other members;
one must be awoman
Rs. 20 Lakh to Rs. 1Crore
State ConsumerDisputes RedressalCommission
Must be a personwho is or has been aJudge of a High
Court.
At least two othermembers.
Higher than Rs. 1Crore
National ConsumerDisputes RedressalCommission
Must be a personwho is or has been aJudge of theSupreme Court
At least four othermembers.
FORUM & JURISDICTION
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APPEAL
Form/
CommissionJurisdiction Appeal To
Time foradmissability/Appeal
Amount To be
paid
DistrictConsumerDisputesRedressal
Forum
within the locallimits (TheDistrict)
State ConsumerDisputesRedressal
Commission
21 days/ 30days
50% of Amountprescribed/Rs.25000 whichever is less
State ConsumerDisputesRedressalCommission
State ConsumerDisputesRedressalCommission
NationalConsumerDisputesRedressal
Commission
21 days/ 30days
50% of Amountprescribed/Rs.25000 whichever is less
NationalConsumerDisputesRedressal
Commission
NationalConsumerDisputesRedressal
Commission
Supreme Court21 days/ 30days
50% of Amountprescribed/Rs.50000 whichever is less
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ESSENTIAL INFORMATION IN THEAPPLICATION
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 trialRelief
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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