Consumer Protection Act 1986

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CONSUMER PROTECTION

ACT
1986
Content
s
• Consumer Protection in India;

• Genesis of the Law and Objects;

• Rights of Consumers;

• Consumer Disputes Redressal Agencies


Consumer Protection
Act,1986
•In order to provide for better protection of the interests of the
consumer the Consumer Protection Bill, .1986 was introduced in the
Lok Sabha on 5th December, 1986.

• The Consumer Protection Act 1986 is a social welfare legislation

which was enacted as a result of widespread consumer protection


movement.
Objective
The right to be given protection against marketing of goods which are

hazardous, dangerous to life and property.


The right to get correct information on the quality, quantity, purity, standard

and price of various goods.


That is to protect the consumer from unfair trade practices.

The right to be able to make choice from a variety of products, at

competitive prices.
The right to seek redressal against unfair trade practices or exploitation.

The right to consumer education.


Who is a Consumer? Sec. 2 (1)
  (d)
(a)buys any goods for a consideration which has been paid or promised or partly paid
and partly promised, or under any system of deferred payment and includes any user
of such goods other than the person who buys such goods for consideration paid or
promised or partly paid or partly promised, or under any system of deferred payment
when such use is made with the approval of such person, but does not include a
person who obtains such goods for resale or for any commercial purpose; or

(b)hires or avails of any services for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment and
includes any beneficiary of such services other than the person who hires or avails of
the services for consideration paid or promised, or partly paid and partly promised, or
under any system of deferred payment, when such services are availed of with the
approval of the first mentioned person but does not include a person who avails of
such services for any commercial purpose
Therefore, to be a ‘consumer’ under the Act:
 
• the goods or services must have been purchased or hired or availed of for
consideration which has been paid in full or in part or under any system of
deferred payment, i.e. in respect of hire purchase transactions;

• goods purchased should not be meant for re-sale or for a commercial


purpose. Goods purchased by a dealer in the ordinary course of his
business and those which are in the course of his business to supply would
be deemed to be for ‘re-sale; and

• in addition to the purchaser(s) of goods, or hirer(s) or users of services, any


beneficiary of such services, using the goods/services with the approval of
the purchaser or hirer or user would also be deemed a ‘consumer under the
Act.
Rights of
Consumer
Right to
Safety

Right to
Consumer Right to be
Informed
Education Rights of
Consumer

Right to Right to be
Redressal Heard
Redressal
Agency
The aims and objectives of the Act are achieved by

District Forum

State Commission

National Commission.
District
•Forum
It shall consist of a person who is or has been or is qualified to be a
District Judge as its President,2 other members, one of whom shall
be a woman
• Every member of the District Forum shall hold office for a term of 5

years or up to the age of 65 years which ever is earlier


• It shall have jurisdiction to entertain complaints where the value of

the goods or services and the compensation, if any, claimed does


not exceed Rs.20 Lacs.
A District Forum shall have the
powers
I. To remove the defect pointed out by the appropriate laboratory
from the goods in question
II. To replace the goods with new goods of similar
description which shall be free from any defect
III. To return to the complainant the price, or as the case
may be, the charges paid by the complainant
IV. To pay such amount as may be awarded by it as compensation
to the consumer for any loss or injury suffered by the consumer
due to the negligence of the opposite party
State
Commission
•It is established by SG by notification

•It shall have jurisdiction to entertain complaints where the value of the
goods or services and compensation, if any, claimed exceeds Rs. 20
Lacs but does not exceed Rs.1 Crore and appeals against the orders of
any District Forum within the State.
National
Commission
• It shall consist of a person who is or has been a Judge of the
Supreme Court, as its President. Not less than 4 and not more than
such number of members as may be prescribed and one of whom
shall be a woman

• Every member of the National commission shall hold office for a


term of 5 years or up to the age of 70 years which ever is earlier.

• It shall have jurisdiction to entertain complaints where the value of


the goods or services and compensation, if any, the claim exceeds
Rs. 1 Crore and appeals against the orders of any State Commission.
* Original Jurisdiction means that cases which have a claim of more than 1 cr & have
been appealed in National Commission directly
Case
Studies
CASE I

Himani Hey Handsome

CASE II

• Inox Case.

https://www.legallyindia.com/the-bench-and-the-bar/consumer-court-awards-rs-15-lakh-to-
emami-s-fair-and-handsome-user-for-psychological-harm-20151109-6849

https://thelogicalindian.com/story-feed/awareness/complaint-against-inox/

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