Consumer Protection Act 1986
Consumer Protection Act 1986:-
The law
relating to consumer protection is
contained in the consumer protection
Act,1986.
The act applies to all
goods and services.
Consumer :- Any person buys any goods
for a consideration, which has been
paid/partly paid/under any system of
deferred payment.
Consumer dispute:- The person against
whom complaint has been made ,
denies or disputes the allegation
contained in the complaint.
Objectives of Consumer Protection
Act
1. Protects the interest of consumers.
--The act makes provision for the settlement of
consumer dispute.
2. Protection of rights of consumers.
--The right to be protected against marketing of
goods or services which are hazardous to life
and property.
--The right to be informed about the quality,
quantity , purity , standard and price of goods
or services so as to protect the consumer
against unfair trade practices.
qConsumer protection Act Extent and
application
Ø The Act extends to the whole of India
except the State of Jammu and Kasmir
[Sec. 1(2)]
Consumer Protection Council
(Chapter 2, Sec 4 to 8)
Ø The Central Consumer Protection
Council (sec.4 to 8)
Ø
Ø The State Consumer Protection
Council (sec. 7 and 8)
Ø
Ø The District Consumer Protection
Council(sec.8-A)
Ø
The Central Consumer Protection Council (sec. 4 to
6)
According to Rule 3 of the consumer protection
act,1987,
The central council shall consist of the following 150
members, namely,
(a) 8 members of parliament, 5 from the Lok Sabha
and 3 from Rajya Sabha;
(b) The Commissioner for Scheduled Caste and
Scheduled Tribes;
(c) Representative of Consumer Organization – not
less then 35;
(d) Representative of farmers, trade and industries-
not exceeding 20;
The State Consumer Protection Council (sec. 7 and
8)
:- Member in state consumer
protection councils.
(a) The minister in charge of consumers’ affairs in
the state government who shall be its chairman.
(b) Number of official or non official members
representing such interest as its prescribe by
state government .
(c) Such number of official members, not exceeding
10, as may be nominated by central government.
The district consumer protection council
[sec 8-A]:- by notification of state
government it establish in every
government.
Members in this council.
(a)The collector of the district.
(b) Number of official members prescribe
by state government.
Manner in which complaint shall be made.
(a)
(b)A consumer whom such goods are sold.
(c)
(d)one or more consumer , having same interest.
(e)
(f)The central government or state government,
either in its individual capacity or as a
representative of consumer in general.
The district forum shall proceed to settle the
consumer dispute in following manner.
(1)Reference of sample to laboratory where
complaint alleges a defect in the goods which
cannot be determined without proper analysis
or test of the goods.
(2)Deposit of fees.
(3)Remission of fees to laboratory and
forwarding of report to opposite party.
(4) Objection by any of the parties.
(5)Reasonable opportunity to parties of being
heard and issue of order.
Thank you