Upload
jasmandeep-brar
View
218
Download
0
Embed Size (px)
Citation preview
7/29/2019 Consumer Protection Act-1986 Preet Madam
1/27
CONSUMERPROTECTION ACT-1986
SUBMITED TO: SUBMITTED BY
MRS. GEETA JOLLY HARPREET KAUR
ROLL NO. 15
B.B.A. 2ND
[3RD SEMESTER]
7/29/2019 Consumer Protection Act-1986 Preet Madam
2/27
INTRODUCTION
INTRODUCTION before the enactment ofconsumer protection act 1986 a personaggrieved by the defective goods or
defeciency in service had to approach theordinary civil court to get his grievancesredressed the proceeding in the ordinarycivil court is very complex, expensive andtime consuming . In order to give more
protection to the interest of consumers ofgoods and services the parliament enactedthe consumer protection act 1986.
7/29/2019 Consumer Protection Act-1986 Preet Madam
3/27
Contd.
the law relating to consumerprotection is contained in the
consumer protection act, 1986the consumer protection act -1986 & enforced from 10th june1987 in india aimed at providin
simple,quick and cheaperprotection of consumersintererst.
7/29/2019 Consumer Protection Act-1986 Preet Madam
4/27
AIM OF CONSUMER
PROTECTION ACT -1986 Aims of consumer protection act -
1986(confer more protection and speedyremedy to consumer goods and services)establishment of consumer disputesredressal forum(districtforum)establishment of consumer disputeredressal commision (statecomission)establishment of nationalconsumer disputes redressal
comission(national comission )establishment of central consumerprotection council for promoting andprotecting the rights of the consumers.
7/29/2019 Consumer Protection Act-1986 Preet Madam
5/27
Who is a consumer??
CONSUMER OF GOODS:
A consumer is a person who has
purchased goods for a consideration.the consideration may be paid or
promised to pay or partly paid or
partly promised. a person who has
purchased goods under a system ofdeferred payment is also a
consumer.
7/29/2019 Consumer Protection Act-1986 Preet Madam
6/27
CONTD.
CONSUMER OF SERVICES:
A person who has hired or
availed of any service forconsideration. Consideration
may be paid or promised to pay
or partly paid.
7/29/2019 Consumer Protection Act-1986 Preet Madam
7/27
OBJECTIVES OF THE
ACT :Objectives of the act is Better protection of
interests of consumers.
PROTECTION OF RIGHTS OF CONSUMERS
:1:Right to be protected against marketingof goods or services which are hazardousto life and property.
2:to be informed about the quality,quantity,purity,standard and price ofgoods or services so as to protect theconsumers against unfair trade pratices.
7/29/2019 Consumer Protection Act-1986 Preet Madam
8/27
CONTD.
3:The right to be assured, whereverpossible,access to goods andservices at competitive prices.
4:the right to be heard and to beassured that consumers interestwill receive due consideration atappropriate forums.
5:the right to seek redresses againstunfair trade practices orexploitations of consumers.
7/29/2019 Consumer Protection Act-1986 Preet Madam
9/27
SCOPE OF THE ACT
It applies to whole INDIA.it is divided
in four chapters and 31
sections.applies to all type of goodsand services ,public utilities and
public sector undertakings.all types
of complians relating to goods,unfair
trade practice. A suit pending in civilcourt cannot be heard in consumer
court.
7/29/2019 Consumer Protection Act-1986 Preet Madam
10/27
WHO CAN FILE
COMPLAINT 1:the consumer to whom the goods
are sold or delivered,or agreed to be
sold are delivered or the service hasbeen provided,or agreed to be
provided.
2:any recognised consumer
association,regardless of whetherthe consumer is a member of such
association or not
7/29/2019 Consumer Protection Act-1986 Preet Madam
11/27
CONTD.
3:One or more consumer,where thereare numerous consumer having thesame interest with permission of thedistrict forum on behalf of or for thebenefit of all consumer sointerested.
4: the state or central govt. either itsindividual capacity or as arepresentative of the interest of theconsumer in general
7/29/2019 Consumer Protection Act-1986 Preet Madam
12/27
CONSUMER DISPUTE
REDRESSAL AGENCIES Under sec 9 forum and commissions
are formed for filling complain.
District forum headed by districtjudge, jurisdiction- disrict state
commission by judge of high court,
jurisdiction- whole state national
commission headed by chief justiceof India, jurisdictionentire nation.
7/29/2019 Consumer Protection Act-1986 Preet Madam
13/27
WHERE TO FILE A
COMPLAINT?? Disrict forum- if the cost of goods
and services and compensationasked for is up to rs. 20 lakh, thedisrict where the cause of action hasarisen or where the opposite partyresides.
State commission-if the cost ofgoods and services andcompensation asked for is more than20 Lkh but less than rs. 1crore.
7/29/2019 Consumer Protection Act-1986 Preet Madam
14/27
CONTD.
National commission at New
Delhi - If the cost of goods and
services and compensationasked for asked exceed rupees
1 crore.
7/29/2019 Consumer Protection Act-1986 Preet Madam
15/27
PROCEDURE OF FILLING
COMPLAINT 1:notice to the opposite party.
2:prepare the consumer complaint inthe required format.
3:get the complaint affidavitnotarized through the party.
4:submit the complaint and court feeto the receving clerk in the
consumer court who will give youthe date for admission hearing andcomplaint reference number.
7/29/2019 Consumer Protection Act-1986 Preet Madam
16/27
CONTD.
5: On admission hearing, you would
your informed whether your case is
fit for acceptance or not . Ifaccepted you will be given the
datefor next hearing.
6: The court will send a notice and
complaint copy to the oppossiteparty seeking reply within 30 days.
7/29/2019 Consumer Protection Act-1986 Preet Madam
17/27
PROCEDURE OF
COMPLAINT Where complaint alleges a defect in
the goods which which cant bedetermined without proper analysis,the forum/ commission send it to thelaboratory to find out whether thereis any defect in it or not?
The hearings will continue till thjematter is decided.
The complaint should be decidedwithin 90 days.
7/29/2019 Consumer Protection Act-1986 Preet Madam
18/27
APPEALS
Under sec 27- Appeal :
Disrtict Forum-State
commission.
State Commission- National
commission.
National Commission- Supreme
court.
7/29/2019 Consumer Protection Act-1986 Preet Madam
19/27
TIME LIMITATION TO
FILE COMPLAINT Under sec-24 A of the act
provides that a consumer
disputes can be filled within 2years from the date on which
cause of action arises. Appeals
are required to be filled within30 days from the date of receipt
of the courts order.
7/29/2019 Consumer Protection Act-1986 Preet Madam
20/27
HOW TO FILE A
COMPLAINT?? Fee or disrict forum- up to rs.1
lakh-rs 100.
Above rs.1lakh but less than 5lakhrs. 200.
Above rs.5lakhbut less than 20
lakhrs.500.
7/29/2019 Consumer Protection Act-1986 Preet Madam
21/27
RELIEF TO CONSUMERS
1: Repair of defective goods.
2:Replacement of defective goods.
3:Refund of price paid for defectivegoods & services.
4:Removal of defiency of in service.
5: Refund of extra money charge.
6:Withrawal of goodshazardous to life.7:compensation for the loss due to
negligence of opposite party.
7/29/2019 Consumer Protection Act-1986 Preet Madam
22/27
PENALITIES
If trader fails to follow the order then
he shall be punishable with min.1
month up to 3 years with fine ofmin.rs.2000 upto rs. 10,000.if
frivolous complaint Is filled then it
shall be dismissed and complained
is penalised to pay the cist incurredbuy opposite party (not more then rs.
10,000)
7/29/2019 Consumer Protection Act-1986 Preet Madam
23/27
COMPLIANT FORM
In the complaint caseno.112/10.Beforethe honble disrict forum at rajpura
name & address of .. Versusname 7 address of opposite above namedcomplaintly/ complaints respectfully statebefore the honble forum/commission asfollows:.
Contensions.
7/29/2019 Consumer Protection Act-1986 Preet Madam
24/27
IT IS THEREFORE
PRAYED 1 that opposite party be directed to refund
the amount paid by the complaint to thetune of rs .. 1,00,000
2:complaint may please be compensatedto the tune of rs.1200.for themental agony harassment caused to alsobe awarded suitabely signature ofcomplaint
place.rajpuradate22-10-2011{name ofthe complaintant}.
7/29/2019 Consumer Protection Act-1986 Preet Madam
25/27
CONCLUSION
Consumer protection actprovide for the better protection
of the interest of consumer andfor that purpose to makeprovision for the establishmentof the consumer councils and
other authorities for settlementon consumer disputes and formatters connected there with.
7/29/2019 Consumer Protection Act-1986 Preet Madam
26/27
ANYQUESTIONS??????
7/29/2019 Consumer Protection Act-1986 Preet Madam
27/27
THANKYOU