By, Anshu sindhu Ashish Sampat Clive Andrades Diksha singh Meher shaik Naveen Shrivasta Raghavendra Kumar

Verma

Any person who buys any commodity or service or is a user of such commodity or service is known as consumer. Any person must satisfy two conditions to claim himself as a consumer : The service must have been rendered to him He must have paid or promised to pay for the same. If any person buy capital goods to provide services to other individuals, then he is also recognised as consumer.

If any person buys a commodity with an intention to resale. A person who obtains services without consideration A person who obtains services commercial purpose. Applications for jobs Persons who filed suits in courts.

Non Availability of goods Adulteration Hoarding Black marketing Deceptive and misleading techniques False warranties or guarantees

The Consumer Protection Act, 1986 is a benevolent social legislation. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances.

Act applies to whole of India except jammu and Kashmir

By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (buyer beware) a thing of the past. The act was amended in 2002 and the amendments came into force w.e.f. 15th March 2003.

The act applies to all goods and services unless specially exempted by union government. It covers all sectors public, private or cooperative. It enshrines all consumer rights- to choose, to be heard, to be informed, to safety, education, and redressal (CHISER)

Provisions of the act are compensatory in nature. It empowers consumers seeking discontinuance of traders malpractices, defective goods, services deficiencies or withdrawal of hazardous goods from the market.

provides their for promotion and protection of the rights of the consumers Provide remedies for deceived consumers Better protection against exploitation Make provisions for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for the matters connected therewith

Cautious consumer

Must exercise his rights

Filing complaint for redressal

Quality conscious

Advertisement often exaggerate

Insist on cash memo

AGMARK

ISI

BIS

FPO

Lok Adalats Public interest litigation Environmentally friendly products Redressal forums and consumer protection councils National youth award on consumer protection Publicity measures Consumer welfare fund

The Central Council is headed by Minster, Incharge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments. At present, there are 629 District Forums and 35 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex.

The act envisages a three tier quasi judicial machinery at the national state and district level. Consumer Disputes Redressal Forums District Forum(< Rs. 20 Lacks)

District

State

Consumer Disputes Redressal commission State commission (> Rs. 20 Lacks < Rs. 1 crore )
Consumer Disputes Redressal commission National commission (exceeding 1 crore )

National

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 Lakhs. (section 11) 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 women possessing a bachelors degree from a recognized university, be a person of ability, integrity and standing and have adequate knowledge and experience. Every member of the district forum shall hold office for a term of 5 years or upto the age of 65 years whichever is earlier.

The district forum shall have the powers of civil court while trying a suit in respect of the following matters; The summoning and enforcing attendance of any defendant or witness and examining the witness on oath. The discovery and production of any document or other material object producible as evidence. The reception of evidence on affidavit. The requisition of the report of concerned analysis or test from the appropriate laboratory of from any other relevant resource. Any other matter which may be prescribed.

It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 20 Lakhs but less than 1 crore (section 17 ). It shall consist of a person who is or has been or is qualified to be a high court judge as its president, 2 other members one of whom shall be a women possessing a bachelors degree from a recognized university, be a person of ability, integrity and standing and have adequate knowledge and experience. Every member of the district forum shall hold office for a term of 5 years or upto the age of 67 years whichever is earlier.

The National Commission was constituted in the year 1988. It is headed by a sitting or retired Judge of the Supreme Court of India. The National Commission is presently headed by Honble Mr. Justice Ashok Bhan, former Judge of the Supreme Court of India as President and has ten Members, In order to help achieve the objects of the Consumer Protection Act, the National Commission has been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.

It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 1 crore (section 21 ). It shall consist of a person who is or has been or is qualified to be a supreme court appointed by central government. Not less than 4 and not more than such number of members and atleast 1 of them shall be a women, who shall have qualifications, namely : Be not less than 35 years of age, Possessing a bachelors degree from a recognized university, be a person of ability, integrity and standing and have adequate knowledge and experience. Every member of the district forum shall hold office for a term of 5 years or upto the age of 70 years whichever is earlier.

The National Commission is empowered to issue instructions regarding :

Adoption of uniform procedure in the hearing of the matters, Prior service of copies of documents produced by one party to the opposite parties, Speedy grant of copies of documents, and Generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.

The filing timings are from 10.00 a.m. to 4.30 p.m. Every matter filed with the Registry is listed on the 7th day of its filing for admission before the National Commission. Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus a consumer can file a complaint and also address arguments in person. In genuine cases where the complainant/ appellant/ petitioner before the National Commission is unable to engage the services of an advocate legal aid is provided by the Commission free of charge.

A complaint in relation to any goods or services maybe filed by:

A consumer or Any voluntary consumer association registered under the companies act 1956 or under any other law for the time being in force or The central government or any state government or One or more consumers, where there are numerous consumers having the same interest or, In case of death of a consumer, his legal heir or representative.

On plain paper, contents of a complaint: The name, description and the address of the complainant. The name, description and the address of the opposite party or parties. The facts relating to complaint and when and where it arose. Documents in support of the allegations contained in the complaint. The relief, which the complainant claims. The complaint should be signed by the complainants or his authorized agent.

A complaint can be filed in person, through agent/lawyer, or by registered post. Nominal court fees.
Serial No. Value of goods or services and the compensation claimed Upto 1 Lakh Rs. Amount of fee payable Rs. 100

Greater than or equal to Rs. 1 Lakh, But less than Rs. 5 Lakhs Greater than or equal to Rs. 5 Lakhs, But less than Rs. 10 Lakhs Greater than or equal to Rs. 10 Lakhs, But less than Rs. 20 Lakhs

Rs. 200

3 4

Rs. 400

Rs. 500

Every complaint decided within 3 months from the of receipt of notice by opposite party, where there is no requirement for testing of sample etc. In the event of such requirement ,the prescribed time is 5 months. Appeals ,disposed of the within a period 90 days. The forum shall make such orders as to the cost occasioned by the adjournment. If a complaint/appeal is disposed of after the specified period, then the forum/commission shall record in writing reasons for the delay. Delay in filing appeal may be condoned if there is sufficient cause.

To remove the defects pointed out by the appropriate laboratory from goods in question. To replace the goods with new goods of similar description which shall be free from any defect. To return to the complainant the price, or, as the case may be, the charges paid by the complainant. Compensation for loss of negligence on part of consumer. To remove the defects or deficiencies in the services in question.

To discontinue the unfair trade practice or the restrictive trade practice or not to repeat them. Not to offer the hazardous goods for sale. To cease from manufacturing to hazardous goods. Loss of injury of consumer. Issue of corrective advertisement. Provision of adequate costs to parties.

Purchase products only after their complete scrutiny- not of attractive advertisements. Check on weighing and measuring instruments used by traders. Avoid buying fruits and vegetables from unhygienic place. Check print of MRP on the packet. Check the quantity as per the figure printed on the packet. Check the expiry date of the product, particularly that of the eatables and medicines. Always collect bill at the time of purchase.