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CONSUMER PROTECTION ACT, 1986

Anil SharmaB-34

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CONSUMER PROTECTION ACT, 1986

It aims at providing better protection of the interests of the consumers.

Act applies to whole of India except Jammu and Kashmir.

The Act applies to all goods and services unless expressly exempted by the Central Government by notification.

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SALIENT FEATURES OF COPRA The Right to Safety - The right to be protected against marketing of

goods and services, which are hazardous to life and property. The Right to be Informed - The right to be informed about the

quality, quantity, purity, standard and price of the goods or services so as to protect consumers against unfair trade practice.

The Right to Choose - The right to be assured access to a variety of goods and services at competitive prices.

The Right to be Heard -The right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate authority.

The Right to Redress - The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.

The Right to Consumer Education - The right to acquire the knowledge and skills to be an informed consumer.

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WHAT IS A COMPLAINT?

“Complaint” means any allegation inwriting made my a compliant that :I. An unfair trade practice or a restrictive

trade practice has been adopted by any trader or service 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 off by him suffer from deficiency in any respect;

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WHO IS A CONSUMER ?

Any person who buys goods or avails services for consideration

Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid

Any body who uses the goods or services with the consent of the consumer

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WHAT IS A DEFECT ? Fault Imperfection Shortcoming

In the Quality Quantity Potency Purity Or Standards

Which is required to be maintained by or under any law for the time being in force

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CONSUMER DISPUTE REDRESSAL AGENCIES

1) A Consumer Dispute Redressal Forum at the District level.

2) A Consumer Dispute Redressal Commission at the State level.

3) A National Consumer Dispute Redressal Commission at national level.

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JURISDICTION Forum / Commission Where the value of the goods or

services and the compensation, if any claimed,

District Forum Does not exceed Rs. 20 lakhs State Commission Rs. 20 lakhs and above but not

exceeding One CroreNational Commission Above One Crore

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FILING OF COMPLAINTS

A complaint may be filed by a) The consumer to whom the goods are sold or

services are provided b) Any recognised consumer association c) One or more consumers with same interestd) The central government or state government

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FILING OF COMPLAINTSThe Fee for filing the Complaint for the district forum is as underSr. No.

Value of Goods / Service and Compensation Amount of Fees

1) Upto Rs. 1 lakh rupees Rs. 1002) Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 2003) Rs. 5 Lakhs and above but less than Rs. 10 lakhs Rs. 400

4) Rs. 10 lakhs and above but less than Rs. 20 lakhs Rs. 500

The fees shall be paid by Cross demand Draft drawn on a nationalized bank or through crossed Indian postal order drawn in favour of the Registrar of the Sate Commission and payable at the place of the State Commission .

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Mode for filing a Complaint?

In person Through agent/lawyer By Registered Post A.D.

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APPEAL

Shall be filed within thirty days.

Delay in filing appeal may be condoned if there is sufficient cause.

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LIMITATION PERIOD

Within two years from the date on which the cause of action has arisen.

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PENALTIES Punishable with imprisonment for a term which

shall not be less than one month but which may extend to three years

Fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees

Or with both.

Thank You

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