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Consumer Protection Act

The Consumer Protection Act 1986 aims to better protect consumer interests and rights in India such as the right to be informed, protected, heard, and seek redressal. It establishes Consumer Protection Councils and a quasi-judicial machinery for speedy resolution of consumer disputes. The Act defines a consumer as a person who buys or uses goods or services for consideration. It also defines goods, services, restrictive trade practices, and unfair trade practices. The findings under the Act include remedies such as replacing defective goods, refunding prices, paying compensation, discontinuing unfair practices, and providing adequate costs.

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42 views13 pages

Consumer Protection Act

The Consumer Protection Act 1986 aims to better protect consumer interests and rights in India such as the right to be informed, protected, heard, and seek redressal. It establishes Consumer Protection Councils and a quasi-judicial machinery for speedy resolution of consumer disputes. The Act defines a consumer as a person who buys or uses goods or services for consideration. It also defines goods, services, restrictive trade practices, and unfair trade practices. The findings under the Act include remedies such as replacing defective goods, refunding prices, paying compensation, discontinuing unfair practices, and providing adequate costs.

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Dr. Amit Jain
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© © All Rights Reserved
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THE CONSUMER PROTECTION

ACT, 1986
OBJECTS OF THE ACT -
1. BETTER PROTECTION OF INTEREST OF
CONSUMERS
2. PROTECTION OF RIGHTS OF CONSUMERS
- RIGHTS TO BE PROTECTED
- RIGHT TO BE INFORMED
- RIGHT TO BE ASSURED
- RIGHT TO BE HEARD
- RIGHT TO SEEK REDRESSAL
- RIGHT TO CONSUMER EDUCATION
THE CONSUMER PROTECTION
ACT, 1986
3. CONSUMER PROTECTION COUNCILS
4. QUASI-JUDICIAL MACHINERY FOR
SPEEDY REDRESSAL OF CONSUMER
DISPUTES.
CONSUMER

CONSUMER MEANS ANY PERSON, WHO

1. BUYS ANY GOODS FOR CONSIDERATION

WHICH HAS BEEN PAID OR PROMISED


OR PARTLY PAID AND PROMISED, OR
UNDER ANY SYSTEM OF DEFERRED
PAYMENT
CONSUMER
Consumer also includes any user of such
goods other than the buyer himself. The use
of such goods must however be for
consideration paid or promised or partly
paid or partly promised, or under any
system of deferred payment. The use of
such goods must be made with the approval
of the buyer. Consumer does not include
person who obtains goods for resale or for
any commercial purpose.
CONSUMER
Commercial purpose does not include
use by a consumer of goods bought
and used by him exclusively for the
purpose of earning his livelihood, by
means of self employment.
CONSUMER

2.Hires or avails of any services for a


consideration which has been paid or
promised or partly paid and partly
promised, or under any system of
deferred payment. Consumer also
includes any beneficiary of such
services other than the person who hires
or avails of such services.
CONSUMER
The beneficiary must However acquire the use
of such services for consideration paid or
promised, or partly paid and partly promised
or under any system of deferred payment.
Further such services must be availed of by the
beneficiary with the approval of the hirer. It
does not include a person who avails of such
services for any commercial purpose.
- Section 2(1) (d)
GOODS
GOODS MEANS GOODS AS DEFINED IN THE
SALE OF GOODS ACT, 1930
-Section 2(1) (I) of CPA
GOODS MEANS EVERY KIND OF MOVABLE
PROPERTY OTHER THAN ACTIONABLE CLAIMS
AND MONEY, AND INCLUDES STOCK AND
SHARES, GROWING CROPS, GRASS AND THINGS
ATTACHED TO OR FORMING PART OF LAND
WHICH ARE AGREED TO BE SEVERED BEFORE
SALE OR UNDER THE CONTRACT OF SALE.
-Section 2 (7) of
The Sale of Goods Act 1930
SERVICE
SERVICE MEANS SERVICE OF ANY
DESCRIPTION WHICH IS MADE AVAILABLE TO
POTENTIAL USERS AND INCLUDES BUT NOT
LIMITED TO THE PROVISION OF FACILITIES IN
CONNECTION WITH BANKING, FINANCING,
INSURANCE, TRANSPORT, PROCESSING, SUPPLY
OF ELECTRICAL OR OTHER ENERGY, 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.
- SECTION 2(1) (0) OF THE CPA, 1986
RESTRICTIVE TRADE PRACTICE

RESTRICTIVE TRADE PRACTICE


MEANS ANY TRADE PRACTICE WHICH
REQUIRES A CONSUMER TO BUY, HIRE
OR AVAIL OF ANY GOODS OR, AS THE
CASE MAY BE, SERVICES AS A
CONDITION PRECEDENT FOR BUYING,
HIRING OR AVAILING OF OTHER GOODS
OR SERVICES.

Sec.2 (1) (NN)


UNFAIR TRADE PRACTICE

THE UNFAIR TRADE PRACTICE MEANS


A TRADE PRACTICE WHICH, FOR THE
PURPOSE OF PROMOTING THE SALE,
USE OR SUPPLY OF ANY GOODS OR
FOR THE PROVISION OF ANY SERVICE,
A TRADER ADOPTS ANY UNFAIR
METHOD OR DECEPTIVE PRACTICE.
FINDINGS
1. Remove the defect
2. Replace the goods
3. To return the price
4. To pay compensation
5. To discontinue U.T.P. Or R.T.P.
6. Not to offer, or withdraw hazarduous
goods for sale
7. To provide for adequate costs.
As On 15th March, 2001

No. Cases % of
Disposed Disposal
Off
District 570 11,64,315 82.60

State 35 1,24,048 60.40


commissions
National 1 11,841 55.40
Commission

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