Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for all types of consumers.

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Consumer Protection Act,1986
Definitions Related To CPA
Consumer Rights
Nature and Scope of Remedies Available to
Consumers
Case Studies
Conclusion
References
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4. 
Consumer protection laws are designed to ensure fair
competition and the free flow of truthful information
in the marketplace.

The laws are designed to prevent businesses that
engage in fraud or specified unfair practices from
gaining an advantage over competitors and may
provide additional protection for
all types of
consumers.

Consumer Protection laws are a form of government
regulation which protects the interests of consumers.
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5. 
On 24 December 1986 Govt. of India enacted the Consumer
Protection Act 1986 to:
 Act is claimed to have been designed after an in depth study
of consumer protection laws and arrangements in UK,USA,
Australia and New Zealand.
 Act applies to whole of India except Jammu and Kashmir
 Chapter I, II and IV came into force on 15 april1987. Chapter
III came into force on 1 July 1987
 The act was amended in 2002 and the amendments came into
force on 15th March 2003.
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6. To provide better protection of interests of
consumers.
 To provide establishment of consumer councils
and other authorities.
 To empower the consumer councils and other
authorities to settle consumers disputes and
matters


Ensure Rights of Consumers and provide
Remedies for deceived Consumers
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7.  The Act
applies to all goods and services
unless specially exempted by Union Government
 It covers all sectors – public, private or cooperative
 Provisions of the Act are compensatory in nature .
 It envisages establishment of consumer protection
councils at the central and state levels.
 Provisions of this act are in addition to and not in
derogation of the provisions of any other act.
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8. Protect from hazard to health & safety;
Promote & protect economic interests;
Provide adequate information for informed choice;
Consumer education;
Provide
effective
redress—formal
and
informal
procedures;
Freedom to form groups & present views in decisionmaking affecting consumers.
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9. RELATED TO
CONSUMER PROTECTION
ACT
9

10. “Complaint” means any allegation in
writing made by 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;
10

11. A trader or service provider as the case may be has
charged for the goods or for the services mentioned in
the complaint, a price in excess of the price
a) fixed by or under any law for the time being in force;
b) displayed on the goods or any package containing
such goods;
c) displayed on the price list exhibited by him by or
under any law for the time being in force;
d) agreed between the parties .
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12. Goods which will be hazardous to life and safety
when used are being offered for sale to the
public –
a) In contravention of any standards relating to
safety of such goods as required to be compiled
with, by or under any law for the time being in
force;
b) If the trader could have known with due
diligence that the goods so offered are unsafe to
the public;
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13. Service which are hazardous or likely t be
hazardous to the life and safety of the public
when used, are being offered by the service
provider which such person could have
known with due diligence to be injurious to
life and safety.
13

14. A Complainant means any of the following and having
made a complaint:





A consumer ;
Any voluntary consumer association registered under the
companies act , 1956 or under any other law .
The Central Government or any State Government
One or more consumers, where there are numerous
having the same
In case of consumer , his legal heir or representative.
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15. 


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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16. 


Legal heir of consumer in case death of
consumer
Does not include any person who buys goods
for resale or commercial purpose and services
for commercial purpose
However any person who buys goods for
commercial use but exclusively for his livelihood
by means of self employment is a consumer.
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17. “Service” means service of any description, which is
made available to potential users and includes, but not
limited to the provisions of the facilities in connection
with
1) banking 2) financing 3) insurance 4) transport
5) processing 6) supply of electrical or other energy
7) boarding or lodging or both 8) house construction
9) entertainment 10) amusement or
11) the purveying or new or other information
But does not include the rendering of any service free of
charge or under a contract of personal service
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18. 
Unfair trade practice

Restrictive trade practice

Defects

Deficiencies
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19. UNFAIR TRADE PRACTICE
 Adopting unfair methods or deception to promote sale, use or supply of
goods or services e.g.
 Misleading public about price (e.g. bargain price when it is not so).
 Charging above MRP printed.
 Misleading public about another’s goods or services.
 Falsely claiming a sponsorship, approval or affiliation.
 Offering misleading warranty or guarantee.
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20. RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint re: delivery/flow of supplies
to impose unjustified costs/restrictions on consumers.
Collusive tendering; market fixing territorially among
competing suppliers, depriving consumers of free choice,
fair competition.
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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21. 


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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22. 



Fault
Imperfection
Shortcoming Or
Inadequacy
In the
 Quality
 Standard and
 Manner of performance
Which is required to be maintained by or
under any law for the time being in force
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24. The right to be protected against marketing
of goods and services which are hazardous
to life and property.
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25. Though about 83% respondents believe that certification and
warnings are an important means to ensure right to safety.
But 40% of respondents do not refer to any safety or quality
certifications such as ISI, ISO, Agmark, Codex etc. before making
a purchase.
ISI is the most known certification
Consumers suggested to make mandatory certification of Acid,
Paints, Mosquito Coils, Beverages and Electronic Items.
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26. The
right to be informed about quality, quantity,
potency, purity, standard and price of goods
and services.
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28. Awareness Level of
Different Legislations
28
Aware Urban
Aware Rural
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18
16
15
14
13
12
11
8
4
CPA1986
W&M 1976
SoG 1930
9
8
Contract Act
1872
6
5
Competition
2002
4
FSSA 2006
PSG 2011
LM 2009
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29. It means whenever possible ,access to
variety of goods and services at competitive
prices.
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30. Right
to
Choose

Only few consumers are aware about
competition issues and their importance to
protect interests of consumers.

only 1.6% respondents were able to correctly
name at least one product/service which has
only one or two producers/providers.


Apart from availability, cost of
alternatives, transaction fee, documentation are
the main barriers before consumers in choosing
alternative service/products.
Products/Services which Should Offer
Portability
Insurance
15
LPG
Connection
17
Electricity
15
School/College
Admission
Consumers believe that there is need to
Bank Account
promote more free & fair competition in
Number
Aviation, Education, Oil & Gas, Railway and Real
–Estate.
12
60
0
50
30
100
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31. The consumer’s interest will receive due
consideration at appropriate forums.
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32. Right to be Heard
 Only 23% are aware about
the process of public
consultation or consumer
representation.
 In rural area only 18%
respondents are aware
 About 28% of those who are
aware about public
consultation or consumer
representation have also
participated
Hurdles in ensuring effective consumer
representation/ participation
Participation do not
result in framing of
consumer friendly…
5
Date/time and
Objective of public
consultation are not…
6
Lack of interest among
people to participate
25
Lack of awareness
among people
64
0
20
40
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60
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80

33. It means right to seek redressal against unfair
practices or restrictive trade practices or
unscrupulous exploitation of consumers.
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34. Right to Redressal
61% normally voice their complaints to seller, at first point
When it come to actual situation - 93% respondents have never made a formal
complaint
 Only 0.3% respondents have approached consumer for a for grievance
redressal,
 78% have rated the grievance redressal process as “difficult”.
• 75% cases were not completely redressed while only 18% of such
unresolved cases were taken to a higher authority for redressal.
• 67% cases were not redressed within stipulated time frame
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Only 18% consumers are fully satisfied with the existing redressal mechanism
Only 28% of those who know about external redressal mechanism believe that it
is easily accessible by a common man
About 89% aggrieved consumers are represented through advocates in SCDRC
and DCDRC.
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35. It means the right to acquire the knowledge and
to be an informed consumer.
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36. Right to Consumer
Education
Only 42% respondents have heard about consumer rights
78% of such respondents heard about consumer rights from
television (TV) Almost 50% of respondents are aware of “Jago
Grahak Jago Campaign”.
80% of such respondents learnt about the campaign from
Television.
Close to 50% of those who know about “Jago Grahak Jago” campaign have
reported to benefit directly or indirectly from the campaign.
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37. To live and work in an environment which is
non-threatening to the well-being of present
and future generations.
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38. RIGHT TO A HEALTHY
ENVIRONMENT
 Only 9% respondents are aware about
certifications and initiatives.
 Awareness about such certifications is
largely among residents of southern
(18%) and northern (12%) region, while
eastern region has lowest level of
awareness (2.5%).
 About 28% respondents those who know
about such products always tend to buy
such products
 About 63% are willing to pay some extra
money to buy such products
Awareness regarding environmental
friendly certifications
Yes
9%
No
91%
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39. Nature and Scope of Remedies
Available to Consumers
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40. 3-Tier Redressal Agency
The aims and objectives of the Act are achieved by the
constitution and creation of 3-tier judicial machinery
depending upon the amount of loss involved
 District Forum
 State Commission and
 National Consumer Disputes
redressal Commission.
NATIONAL COMMISSION
STATE COMMISSION
DISTRICT FORUM
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41. Power or right of a legal or political agency to exercise its authority over
a person ,subject matter, or territory.
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 Crore
National Commission
Above One Crore
Besides, State and National Commission have appellate
jurisdiction also.
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42. Consumer Protection
Followed In India
Lok Adalats:
The Consumer can approach the Adalat with his
grievance. The issue is discussed and decision is taken
on the spot. This saves time and money
Lok Adalat has become a speedy, effective and
economical redressal system.
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43. A complaint may be filed by:

The consumer to whom the goods are sold or
services are provided

Any recognised consumer association

One or more consumers with same interest

The central government or state government
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44. The Fee for filing the Complaint for the district forum is as under
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45. The Fee for filing the Complaint for the STATE COMMISSION is as under:
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47. Information Required for a
Complaint
 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 requested
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50. 
shall be filed within thirty days.

Delay in filing appeal may be condoned if there is
sufficient cause.
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51. Within two years from the date on
which the cause of action has arisen.
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52. Penalty Under Section
27 CPA
• According to CPA ,where a trader or
the complainant fails to comply with
an order made by the relevant
consumer forum , such person is
liable to a punishment with
imprisonment for a term which is not
less than 1 month but which may
extend to 3 years or with fine of not
less than 2000 INR but which may
extend to 10000 INR with both
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53. LIMITATION
The District Forum, the State
Commission or the National
Commission shall not admit a
complaint unless it is filed
within two years from the date
on which cause of action has arisen.
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56. National Consumer Helpline
You may call on the following toll free number
1800-11-4000
(from MTNL or BSNL)
for guidance and information
on consumer issues
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57. Remind Ourselves
24 December
National Consumer Day
15 March
World Consumer Rights Day
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58. ALERT
 BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED
ABOUT THE QUALITY OR QUANTITY.
 MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY
FOR ANY PURCHASE OF Rs.200 AND ABOVE.
 IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF
MANUFACTURE, NET QUANTITY or WEIGHT & M.R.P is
MUST.
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59. Doctor ordered to pay Rs 2 lakh as damages to patient
KANPUR: District consumer protection forum on Monday directed a child
specialist, Dr RC Gupta, to pay Rs 2 lakh to complainant Prince, son of Santosh
Kumar, within 30 days.
The complainant had sought a sum of Rs 19 lakh as damages caused by the
wrong treatment given Dr Gupta.
A resident of Bidhuna town in Auraiya district, the complainant stated that he
was suffering from fever in December 2001 and on advice of local doctors he
had visited the clinic of child specialist RC Gupta situated at Chunniganj on
January 14, 2002.
The doctor examined him and prescribed medicines and advised him to visit
clinic again for check-up after seven days. The complainant claimed that
prescribed medicine did not provide any relief. When he went again to the
doctor on stipulated time and explained his condition. The doctor enhanced
the dose of medicine prescribed in old prescription..
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60. The complainant consulted the child specialist of Etawah and he stated that wrong
treatment was being given to him. He was suffering from meningitis. On January
29, he again consulted Dr Gupta and he referred him to a home.
During examination doctors, observed there that he was suffering from meningitis
and brain TB and so far he received wrong treatment. Due to wrong treatment, the
complainant got handicapped and lost his eyesight.
The doctor appeared before the forum and admitted that he had treated him on the
basis of external symptoms. He did not return for follow-up check in time and
spent his time in consulting other doctors. On January 29, his condition was
critical and the doctor had advised the patient to get admitted at the nursing home
where meningitis and brain TB was detected.
Forum president LB Singh and member Sumanlata Sharma observed that doctor
was negligent towards his duties and his act comes under the preview of
dereliction of duty, therefore he was liable to pay a sum of Rs 2 lakh as damages to
the complainant.
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61. •
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•
•
•
A person may be consumer of goods, or services. When I purchase a fan, a gas
stove or a refrigerator, I could be the consumer of goods.
When I open a bank account, take an insurance policy, get my car repaired, I
could be the consumer of services.
The consumer protection Act, 1986 tries to help a consumer when for
example, the goods purchased are defective or the services rendered to him
are subject to so deficiency.
Prior to the consumer Protection Act, 1986 for any consumer complaint one
had to go to an ordinary Civil Court. He had to engage a lawyer, pay the
necessary fee, and be harassed for years or decades before any outcome,
positive or negative, was there in that litigation.
Under the Consumer Protection Act, no Court fee has to be paid and the
decision on the complaint is much quicker, as the Court can evolve a summary
procedure in disposing off the complaint.
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