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Consumer Protection
Act 1986
1
Caarmel Institute of Management
Studies
Some Basic Terms
 Goods (Section 2(7) ):
Goods means every kind of movable
property other than actionable claims and
money and includes stocks and
shares, growing crops, grass and things
attached forming apart of the land which
are agreed to be served before sale or
under the contract of sale”
2
Caarmel Institute of Management
Studies
SERVICE (Section 2(1) (0))
It means service of any description which is
made available to potential users. It
includes the
financing, insurance, transport, processing,
supply of electrical or other
energy, boarding or lodging or
both, housing, entertainment, amusement
or purveying a news or other information.
But service not included the rendering of
any service free of charge or under a
contract of personal service”
3
Caarmel Institute of Management
Studies
CONSUMER
Consumer means any person who buys
any goods for a consideration. Consumer
also includes any user of such goods other
than the buyer himself.
4
Caarmel Institute of Management
Studies
Consumer disputes [Section 2(1)
e]
 A dispute where a person against
whom a compliant has been made
denies or disputes the allegation
contained in the complaint
5
Caarmel Institute of Management
Studies
Unfair trade practice [sec 2(1)
r
 Unfair trade practice which for the
purpose of promoting the sale use or
supply of any goods or for the
provision of any service, adopts any
unfair method or unfair deceptive
practice
6
Caarmel Institute of Management
Studies
THE CONSUMER PROTECTION ACT
 The law relating to consumer protection
is dealt with in the consumer protection
act 1986. The act extends to the whole
of India except the state of Jammu &
Kashmir. It was enacted to provide
better protection of to all goods and
services. The proceedings under this
act are simple and fair. There is no
court fee or stamp duty to be fixed, no
matter whatever may be the amount
involved in the complaint.
7
Caarmel Institute of Management
Studies
OBJECTIVES OF ACT
Better protection of interests of consumers
Protection of rights of consumers
Consumer Protection Councils
Quasi – judicial machinery for speedy redressal
of consumer disputes
8Caarmel Institute of Management Studies
RIGHTS OF CONSUMER
Protection against marketing of goods
hazardous to life & property
Right to be informed
Quality as protection against unfair trade
practices
Access to goods & services at competitive prices
9
Caarmel Institute of Management
Studies
Right to be heard & due consideration at
appropriate forums
Right to seek redressal
Right to consumer education
10
Caarmel Institute of Management
Studies
Consumer Protection Councils
 Central consumer Protection councils
 State consumer protection council
 District Consumer Protection Council
11
Caarmel Institute of Management
Studies
Central Consumer Protection
council
 Established by the central govt by a
council by notification.
 Object is to promote & protect the
rights of the consumer .
12
Caarmel Institute of Management
Studies
Members of the Central Council
Maximum members are 150 includes :
 The Minister of consumer Affairs in
central govt. (Chairman)
 Minister of state or Deputy Minister in
charge of consumer affairs in central
govt
 The minister of Food & Supplies
 Eight Members of Parliament5 from Lok sabha
3 from Rajya Sabha
13
Caarmel Institute of Management
Studies
 The secretary of National council for SC
and ST.
 Representatives of Central Govt. (not >
20)
 Representatives of Consumer
organisation.
Not less than 35
 Representatives of women (not < 10)
 Representatives of Farmers. (not > 20)
 Person capable for representing
consumer Interest. (not > 15)
 Secretary in the department of Civil
Supplies.
14
Caarmel Institute of Management
Studies
State Consumer Protection
Council
 The state government by notification
established a council to be known as
“State Consumer Protection Council”
 To promote and protect the rights of
consumers within the state.
15
Caarmel Institute of Management
Studies
Members of the State Council
 The Minister in charge of consumer
affairs in the state govt as chairman.
 Official and non official representating
State government.
 Official or non official members not
exceeding 10 nominated by Central
Govt.
16
Caarmel Institute of Management
Studies
District Consumer Protection
Council
 The state govt. shall establish for every
district by notification known as District
consumer Protection Council.
 Objectives is to promote and protect
consumer rights within the district.
17
Caarmel Institute of Management
Studies
Members of District Councils
 The collector of the District(chairman).
 Other official and non-official members
prescribed by the state Government.
 Two meeting is necessary in a year
18
Caarmel Institute of Management
Studies
Consumer Disputes
Redressal Forum
 To provide speedy, inexpensive and
simple redressal of consumer disputes
Quasi judicial bodies have been set up
at three level
 District Forum
 State Commission
 National Commission
19
Caarmel Institute of Management
Studies
District Forum - Members
 One qualified District Judge as
President
 Two other members
• One women not less than 35
years.
• Possess a Bachelors Degree.
• Having at least 10 years
experience in law, commerce
, Accountancy etc.
 Term of committee is 5 years or up to 20
Caarmel Institute of Management
Studies
Manner of complaint shall be
made
 On the receipt of complaint , the forum
shall refer a copy of complaint to
opposite party.
 The opposite party have to give his
reply with in 30 days.
 If the opposite party admits the
allegation the forum will consider the
case on the basis of merit of the case.
21
Caarmel Institute of Management
Studies
 If the opposite party denies the
allegations the forum shall proceed to
settle based on the evidence brought
by the party.
 All complaints should decide within 90
days after the date of notice.
 Any person may prefer an appeal to the
state commission with in a period of 30
days after the order.
District forum will entertain all the cases where the
value of goods & services and the compensation is
claimed DOES NOT EXCEED 5 LAKHS
22
Caarmel Institute of Management
Studies
State Redressal
Commission
 A person who is or has been a High
court Judge shall be the president.
 Two other members
• One women not less than 35 years.
• Possess a Bachelors Degree.
• Having at least 10 years experience
in law, commerce
, Accountancy etc.
 Term of committee is 5 years or up to
the age of 67 years whichever is earlier.
23
Caarmel Institute of Management
Studies
 If the value of Goods & Services and
compensation if any claimed exceeds
5 lakhs and not exceed 25 lakhs.
 Any person may prefer an appeal to
the National commission against the
order of the state commission within a
period of 30 days after the order.
24
Caarmel Institute of Management
Studies
National Redressal Commission
 A person who is or has been a Supreme
court Judge to be appointed by the
central govt shall be the president.
 Not less than four members
• One women not less than 35 years.
• Possess a Bachelors Degree.
• Having at least 10 years experience
in law, commerce , Accountancy etc.
 Term of committee is 5 years or up to the
age of 70 years whichever is earlier.
25
Caarmel Institute of Management
Studies
 Complaints where the value of goods
& services or compensation claimed
exceed 25 lakhs.
 Any person may prefer an appeal to
the supreme Court against the order
of the National commission within a
period of 30 days after the order.
The district , State or the national
commission shall not admit a compliant if
it is not filed within 2 years from the date
of cause of action
26
Caarmel Institute of Management
Studies
Conclusion
27
Caarmel Institute of Management
Studies
Consumer Sovereignty
28
Caarmel Institute of Management
Studies
THANKS
Presented by
Ampady S
Aneesh R
Divya Sanal
29
Caarmel Institute of Management
Studies

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Consumer Protection Act 1986

  • 1. Consumer Protection Act 1986 1 Caarmel Institute of Management Studies
  • 2. Some Basic Terms  Goods (Section 2(7) ): Goods means every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass and things attached forming apart of the land which are agreed to be served before sale or under the contract of sale” 2 Caarmel Institute of Management Studies
  • 3. SERVICE (Section 2(1) (0)) It means service of any description which is made available to potential users. It includes the financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing, entertainment, amusement or purveying a news or other information. But service not included the rendering of any service free of charge or under a contract of personal service” 3 Caarmel Institute of Management Studies
  • 4. CONSUMER Consumer means any person who buys any goods for a consideration. Consumer also includes any user of such goods other than the buyer himself. 4 Caarmel Institute of Management Studies
  • 5. Consumer disputes [Section 2(1) e]  A dispute where a person against whom a compliant has been made denies or disputes the allegation contained in the complaint 5 Caarmel Institute of Management Studies
  • 6. Unfair trade practice [sec 2(1) r  Unfair trade practice which for the purpose of promoting the sale use or supply of any goods or for the provision of any service, adopts any unfair method or unfair deceptive practice 6 Caarmel Institute of Management Studies
  • 7. THE CONSUMER PROTECTION ACT  The law relating to consumer protection is dealt with in the consumer protection act 1986. The act extends to the whole of India except the state of Jammu & Kashmir. It was enacted to provide better protection of to all goods and services. The proceedings under this act are simple and fair. There is no court fee or stamp duty to be fixed, no matter whatever may be the amount involved in the complaint. 7 Caarmel Institute of Management Studies
  • 8. OBJECTIVES OF ACT Better protection of interests of consumers Protection of rights of consumers Consumer Protection Councils Quasi – judicial machinery for speedy redressal of consumer disputes 8Caarmel Institute of Management Studies
  • 9. RIGHTS OF CONSUMER Protection against marketing of goods hazardous to life & property Right to be informed Quality as protection against unfair trade practices Access to goods & services at competitive prices 9 Caarmel Institute of Management Studies
  • 10. Right to be heard & due consideration at appropriate forums Right to seek redressal Right to consumer education 10 Caarmel Institute of Management Studies
  • 11. Consumer Protection Councils  Central consumer Protection councils  State consumer protection council  District Consumer Protection Council 11 Caarmel Institute of Management Studies
  • 12. Central Consumer Protection council  Established by the central govt by a council by notification.  Object is to promote & protect the rights of the consumer . 12 Caarmel Institute of Management Studies
  • 13. Members of the Central Council Maximum members are 150 includes :  The Minister of consumer Affairs in central govt. (Chairman)  Minister of state or Deputy Minister in charge of consumer affairs in central govt  The minister of Food & Supplies  Eight Members of Parliament5 from Lok sabha 3 from Rajya Sabha 13 Caarmel Institute of Management Studies
  • 14.  The secretary of National council for SC and ST.  Representatives of Central Govt. (not > 20)  Representatives of Consumer organisation. Not less than 35  Representatives of women (not < 10)  Representatives of Farmers. (not > 20)  Person capable for representing consumer Interest. (not > 15)  Secretary in the department of Civil Supplies. 14 Caarmel Institute of Management Studies
  • 15. State Consumer Protection Council  The state government by notification established a council to be known as “State Consumer Protection Council”  To promote and protect the rights of consumers within the state. 15 Caarmel Institute of Management Studies
  • 16. Members of the State Council  The Minister in charge of consumer affairs in the state govt as chairman.  Official and non official representating State government.  Official or non official members not exceeding 10 nominated by Central Govt. 16 Caarmel Institute of Management Studies
  • 17. District Consumer Protection Council  The state govt. shall establish for every district by notification known as District consumer Protection Council.  Objectives is to promote and protect consumer rights within the district. 17 Caarmel Institute of Management Studies
  • 18. Members of District Councils  The collector of the District(chairman).  Other official and non-official members prescribed by the state Government.  Two meeting is necessary in a year 18 Caarmel Institute of Management Studies
  • 19. Consumer Disputes Redressal Forum  To provide speedy, inexpensive and simple redressal of consumer disputes Quasi judicial bodies have been set up at three level  District Forum  State Commission  National Commission 19 Caarmel Institute of Management Studies
  • 20. District Forum - Members  One qualified District Judge as President  Two other members • One women not less than 35 years. • Possess a Bachelors Degree. • Having at least 10 years experience in law, commerce , Accountancy etc.  Term of committee is 5 years or up to 20 Caarmel Institute of Management Studies
  • 21. Manner of complaint shall be made  On the receipt of complaint , the forum shall refer a copy of complaint to opposite party.  The opposite party have to give his reply with in 30 days.  If the opposite party admits the allegation the forum will consider the case on the basis of merit of the case. 21 Caarmel Institute of Management Studies
  • 22.  If the opposite party denies the allegations the forum shall proceed to settle based on the evidence brought by the party.  All complaints should decide within 90 days after the date of notice.  Any person may prefer an appeal to the state commission with in a period of 30 days after the order. District forum will entertain all the cases where the value of goods & services and the compensation is claimed DOES NOT EXCEED 5 LAKHS 22 Caarmel Institute of Management Studies
  • 23. State Redressal Commission  A person who is or has been a High court Judge shall be the president.  Two other members • One women not less than 35 years. • Possess a Bachelors Degree. • Having at least 10 years experience in law, commerce , Accountancy etc.  Term of committee is 5 years or up to the age of 67 years whichever is earlier. 23 Caarmel Institute of Management Studies
  • 24.  If the value of Goods & Services and compensation if any claimed exceeds 5 lakhs and not exceed 25 lakhs.  Any person may prefer an appeal to the National commission against the order of the state commission within a period of 30 days after the order. 24 Caarmel Institute of Management Studies
  • 25. National Redressal Commission  A person who is or has been a Supreme court Judge to be appointed by the central govt shall be the president.  Not less than four members • One women not less than 35 years. • Possess a Bachelors Degree. • Having at least 10 years experience in law, commerce , Accountancy etc.  Term of committee is 5 years or up to the age of 70 years whichever is earlier. 25 Caarmel Institute of Management Studies
  • 26.  Complaints where the value of goods & services or compensation claimed exceed 25 lakhs.  Any person may prefer an appeal to the supreme Court against the order of the National commission within a period of 30 days after the order. The district , State or the national commission shall not admit a compliant if it is not filed within 2 years from the date of cause of action 26 Caarmel Institute of Management Studies
  • 29. THANKS Presented by Ampady S Aneesh R Divya Sanal 29 Caarmel Institute of Management Studies