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The Consumer Protection
       Act, 1986



            By:
     Dr Vilas Kulkarni.


                          1
INDEX

   Definitions.
   Consumer Protection Councils.
   Consumer Disputes Redressal
    Agencies.




                               2
Objective

 An Act to provide for better protection
 of the interests of consumers and for
 that purpose to make provision for
 the establishment of consumer
 councils and other authorities for the
 settlement of consum­ers' disputes
 and for matters connected therewith.

                              3
Definitions.
   "consumer" means any person who—
•   buys any goods for a consideration,
•   hires or avails of any services for a
    consideration,
•   “uses such goods” with the approval of
    person who has bought such goods for
    consideration.
•    “is beneficiary of services” with the
    approval of person who has hired the
    services for consideration.
                                 4
Continued…
   "person" includes,—
•   a firm whether registered or not;
•    a Hindu undivided family;
•   a co­operative society;
•   every other association of persons
    whether registered under the
    Societies Registration Act, 1860 (21
    of 1860) or not;

                                5
Continued…

   "service" means service of any
    description which is made available to
    potential users and includes, the provision
    of facilities in connection with banking,
    financing insurance, transport, processing,
    supply of electrical or other energy…



                                   6
Continued…

 board or lodging or both, housing
 construction, entertainment,
 amusement or the purveying of news
 or other information, but does not
 include the rendering of any service
 free of charge or under a contract of
 personal service;

                             7
Continued…
   Manufacturer is a person who­
•   Makes or manufactures any goods or
    parts thereof.or
•   Assembles parts of the goods made
    or manufactured by others and claims
    the end product to be goods
    manufactured by himself,or


                               8
Continued…

•   Puts his own mark on any goods
    made or manufactured by any other
    manufacturer and claims such goods
    to be goods made by him.




                              9
Continued…

   Trader is a person who –
•   Sells goods or,
•   Distributes any goods for sale,
•   Manufacturer of goods for sale,
•   Packer of goods who sells or
    distributes goods in package form.

                                10
Continued…
   "complaint" means any allegation in
    writing made by a complainant that
    —
•   an unfair trade practice or a
    restrictive trade practice has been
    adopted by any trader or service
    provider;
•   the goods bought by him or agreed to
    be bought by him; suffer from one or
    more defects;
                               11
Continued…
•   the services hired or availed of or
    agreed to be hired or availed of by
    him suffer from deficiency in any
    respect;
•   a trader or service provider, as the
    case may be, has charged for the
    goods or for the service mentioned in
    the complaint a price in excess of the
    price.

                                 12
Continued…

•   goods which will be hazardous to life
    and safety when used or being
    offered for sale to the public.
•   services which are hazardous or likely
    to be hazardous to life and safety of
    the public when used.


                                13
Continued…

   "consumer dispute" means a
    dispute where the person against
    whom a complaint has been made,
    denies or disputes the allega­tions
    contained in the complaint.




                                14
CONSUMER PROTECTION
    COUNCILS
    Central Consumer Protection Council.
    The Central Council shall consist of the
     following members,
•    the Minister in charge of the consumer
     affairs in the Central Government, who shall
     be its Chairman, and
•    such number of other official or non­official
     members represent­ing such interests as
     may be prescribed.

                                      15
Continued…

   Objects of the Central Council.—
    The objects of the Central Council shall
    be to promote and protect the rights of
    the consumers such as,— 
•   the right to be protected against the
    marketing of goods and services which
    are hazardous to life and property;

                                  16
Continued…

•   the right to be assured, wherever
    possible, access to a variety of goods
    and services at competitive prices;
•   the right to be heard and to be assured
    that consumer's interests will receive
    due consideration at appropriate
    forums;

                                 17
Continued…
•   the right to be informed about the
    quality, quantity, potency, purity,
    standard and price of goods or
    servicesthe right to seek redressal
    against unfair trade practices or
    restrictive trade practices or
    unscrupulous exploitation of con­
    sumers; and
•   the right to consumer education.

                                  18
Procedure for meetings of
    the Central Council.
•   The Central Council shall meet as and
    when necessary, but at least one
    meeting of the Council shall be held
    every year.
•   The Central Council shall meet at such
    time and place as the Chairman may
    think fit and shall observe such
    procedure in regard to the transaction of
    its business as may be prescribed.
                                  19
State Consumer Protection
    Councils.
   The State Council shall consist of the
    following members, namely:—
•   the Minister incharge of consumer affairs
    in the State Government who shall be its
    Chairman;
•   such number of other official or non­
    official members representing such
    interests as may be prescribed by the
    State Government.
                                  20
Continued…

•   such number of other official or non­
    official members, not exceeding ten,
    as may be nominated by the Central
    Government.




                                21
Procedure for meetings of the
    State Council.
   The State Council shall meet as and
    when necessary but not less than two
    meetings shall be held every year.
   The State Council shall meet at such
    time and place as the Chairman may
    think fit and shall observe such
    procedure in regard to the transaction of
    its business as may be prescribed by the
    State Government.
                                  22
Continued…

Objects of the State Council. —

 The objects of every State Council
 shall be to promote and protect
 within the State the rights of the
 consumers.



                             23
District Consumer Protection
    Council
    It consist of the following members,
     namely—
•    the Collector of the district (by
     whatever name called), who shall be its
     Chairman;
•    such number of other official and non­
     official members representing such
     interests as may be prescribed by the
     State Government.
                                  24
Procedure for meetings of the
    District Council.
   The District Council shall meet as and
    when necessary but not less than two
    meetings shall be held every year.
   The District Council shall meet at such
    time and place within the district as the
    Chairman may think fit and shall observe
    such procedure in regard to the
    transaction of its business as may be
    prescribed by the State Government.
                                 25
Continued…

   The objects of every District Council
    shall be to promote and protect
    within the district the rights of the
    consumers




                                 26
CONSUMER DISPUTES
REDRESSAL AGENCIES
   Redressal Forums.

•   District Forums ­ a Consumer
    Disputes Redressal Forum to be known
    as the "District Forum" established by
    the State Government in each district
    of the State by notification:


                               27
Continued…
   Each District Forum shall consist of,—

•   a person who is, or has been, or is
    qualified to be a District Judge, who shall
    be its President;
•   two other members, one of whom shall
    be a woman, who shall have the
    following qualifications, namely —

                                   28
Continued…
–   be not less than thirty­five years of age,
–   possess a bachelor's degree from a
    recognised university,
–   be persons of ability, integrity and
    standing, and have adequate knowledge
    and experience of at least ten years in
    dealing with problems relating to
    economics, law, commerce,
    accountancy, industry, public affairs or
    administration:
                                   29
Jurisdiction of the District
Forum.


 The District Forum shall have
 jurisdiction to entertain complaints
 where the value of the goods or
 services and the compensation, if any,
 claimed ''does not exceed rupees
 twenty lakhs.


                             30
Continued…

•   State Commission ­ A Consumer
    Disputes Redressal Commission to be
    known as the "State Commission"
    established by the State Government
    in the State.




                              31
Continued…
     Each State Commission shall
    consist of—

•   A person who is or has been a Judge
    of a High Court, appointed by the
    State Government, who shall be its
    President.


                               32
Continued…
•   not less than two, and not more than such number
    of members, and one of whom shall be a woman,
    who shall have the following qualifications,
    namely:—
­   be not less than thirty­five years of age;
­   possess a bachelor's degree from a recognised
    university;
­   be persons of ability, integrity and standing, and
    have adequate knowledge and experience of at
    least ten years in dealing with problems relating to
    economics, law, commerce, accountancy, industry,
    public affairs or administration:
                                          33
Jurisdiction of the SC

 The State Commission shall have
 jurisdiction to entertain complaints
 where the value of the goods or
 services and the compensation, if
 any, claimed ''exceeding rupees
 twenty lakhs but less than one
 crore”.

                              34
Continued…

•   National Commission ­ A National
    Consumer Disputes Redressal known
    as the " National Commission” is
    established by the Central
    Government .




                             35
Jurisdiction of the National
Commission.


  The National Commission. shall
 have jurisdiction to entertain
 complaints where the value of the
 goods or services and the
 compensation, if any, claimed
 ''exceeding rupees one crore”.


                            36
THANK YOU!!!


          37

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1 the-consumer-protection-act-19863

  • 1. The Consumer Protection Act, 1986 By: Dr Vilas Kulkarni. 1
  • 2. INDEX  Definitions.  Consumer Protection Councils.  Consumer Disputes Redressal Agencies. 2
  • 3. Objective An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consum­ers' disputes and for matters connected therewith. 3
  • 4. Definitions.  "consumer" means any person who— • buys any goods for a consideration, • hires or avails of any services for a consideration, • “uses such goods” with the approval of person who has bought such goods for consideration. • “is beneficiary of services” with the approval of person who has hired the services for consideration. 4
  • 5. Continued…  "person" includes,— • a firm whether registered or not; • a Hindu undivided family; • a co­operative society; • every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; 5
  • 6. Continued…  "service" means service of any description which is made available to potential users and includes, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy… 6
  • 7. Continued… board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; 7
  • 8. Continued…  Manufacturer is a person who­ • Makes or manufactures any goods or parts thereof.or • Assembles parts of the goods made or manufactured by others and claims the end product to be goods manufactured by himself,or 8
  • 9. Continued… • Puts his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made by him. 9
  • 10. Continued…  Trader is a person who – • Sells goods or, • Distributes any goods for sale, • Manufacturer of goods for sale, • Packer of goods who sells or distributes goods in package form. 10
  • 11. Continued…  "complaint" means any allegation in writing made by a complainant that — • an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; • the goods bought by him or agreed to be bought by him; suffer from one or more defects; 11
  • 12. Continued… • the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; • a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price. 12
  • 13. Continued… • goods which will be hazardous to life and safety when used or being offered for sale to the public. • services which are hazardous or likely to be hazardous to life and safety of the public when used. 13
  • 14. Continued…  "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allega­tions contained in the complaint. 14
  • 15. CONSUMER PROTECTION COUNCILS  Central Consumer Protection Council. The Central Council shall consist of the following members, • the Minister in charge of the consumer affairs in the Central Government, who shall be its Chairman, and • such number of other official or non­official members represent­ing such interests as may be prescribed. 15
  • 16. Continued…  Objects of the Central Council.— The objects of the Central Council shall be to promote and protect the rights of the consumers such as,—  • the right to be protected against the marketing of goods and services which are hazardous to life and property; 16
  • 17. Continued… • the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; • the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums; 17
  • 18. Continued… • the right to be informed about the quality, quantity, potency, purity, standard and price of goods or servicesthe right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of con­ sumers; and • the right to consumer education. 18
  • 19. Procedure for meetings of the Central Council. • The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. • The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. 19
  • 20. State Consumer Protection Councils.  The State Council shall consist of the following members, namely:— • the Minister incharge of consumer affairs in the State Government who shall be its Chairman; • such number of other official or non­ official members representing such interests as may be prescribed by the State Government. 20
  • 21. Continued… • such number of other official or non­ official members, not exceeding ten, as may be nominated by the Central Government. 21
  • 22. Procedure for meetings of the State Council.  The State Council shall meet as and when necessary but not less than two meetings shall be held every year.  The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. 22
  • 23. Continued… Objects of the State Council. — The objects of every State Council shall be to promote and protect within the State the rights of the consumers. 23
  • 24. District Consumer Protection Council  It consist of the following members, namely— • the Collector of the district (by whatever name called), who shall be its Chairman; • such number of other official and non­ official members representing such interests as may be prescribed by the State Government. 24
  • 25. Procedure for meetings of the District Council.  The District Council shall meet as and when necessary but not less than two meetings shall be held every year.  The District Council shall meet at such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. 25
  • 26. Continued…  The objects of every District Council shall be to promote and protect within the district the rights of the consumers 26
  • 27. CONSUMER DISPUTES REDRESSAL AGENCIES  Redressal Forums. • District Forums ­ a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification: 27
  • 28. Continued…  Each District Forum shall consist of,— • a person who is, or has been, or is qualified to be a District Judge, who shall be its President; • two other members, one of whom shall be a woman, who shall have the following qualifications, namely — 28
  • 29. Continued… – be not less than thirty­five years of age, – possess a bachelor's degree from a recognised university, – be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: 29
  • 30. Jurisdiction of the District Forum. The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs. 30
  • 31. Continued… • State Commission ­ A Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State. 31
  • 32. Continued…  Each State Commission shall consist of— • A person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President. 32
  • 33. Continued… • not less than two, and not more than such number of members, and one of whom shall be a woman, who shall have the following qualifications, namely:— ­ be not less than thirty­five years of age; ­ possess a bachelor's degree from a recognised university; ­ be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: 33
  • 34. Jurisdiction of the SC The State Commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees twenty lakhs but less than one crore”. 34
  • 35. Continued… • National Commission ­ A National Consumer Disputes Redressal known as the " National Commission” is established by the Central Government . 35
  • 36. Jurisdiction of the National Commission. The National Commission. shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''exceeding rupees one crore”. 36