CONSUMER PROTECTION ACT,

1986

BY GROUP 10
ARSHAD TELI
BANDEEP
MISHA AHUJA
PRASHANT VERMA
SUSHANT

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 CONSUMER PROTECTION ACT, 1986
 Enforced from 10th June 1987 in India to provide
better protection to the interest of consumer.
 Act applies to whole of India except Jammu and
Kashmir.
 The act was amended in 2002 and the amendments
came into force w.e.f. 15th March 2003.

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 WHO IS A CONSUMER ?

A Consumer under the Act is:

One who buys any goods, hires any
service/services for a consideration which has
been paid or promised or partly paid and
partly promised under any system of deferred
payment.“

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A CONSUMER IS….

 Any person who buys goods or avails services for

consideration. Consideration may be fully or partially
paid or fully or partially promised to be paid.
 Any body who uses the goods or services with the
consent of the consumer.
 Legal heir of consumer in case death of consumer
 Does not include any person who buys goods and
services for resale or commercial purpose
 Any person who buys goods for commercial use but
exclusively for his livelihood by means of self
employment. 4
OBJECTIVES OF CONSUMER
PROTECTION ACT 1986
 To create suitable administrative and legal mechanisms
which would be within the easy reach of consumers.  
 To involve and motivate various sections of society such
as consumer organisations, women and youth to
participate in the programme.
 To assist, encourage and provide financial assistance to
Governmental and non-governmental organizations to
take up various consumer protection activities.
 To generate awareness among consumers about their
rights and responsibilities.
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 CONT…..
Protection of rights of consumers-
 Right to be protected against marketing of goods or services which
are hazardous to life, health and property
To be informed about the quality, quantity, potency, purity, standard
and price of goods or services so as to protect the consumers against
unfair trade practices.
The right to be assured access to goods and services at competitive
prices.
The right to be heard at appropriate forums.

The right to seek redressal against unfair trade practices or

restrictive trade practices or exploitation of consumers. 6
Right to consumer education.
Rights Of
Consumer

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SCOPE OF THE ACT
 Applies to all states except Jammu and Kashmir
 Applies to all type of goods and services, public utilities &
public sector undertakings
 All types of complaints relating to unfair trade practice
 Remedies under this act is same as those in other laws.
 A suit pending in civil court cannot be heard in consumer
court.
 Consumer forums have the power to adjudicate disputes,
but they do not have trappings of a court.

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WHAT IS A COMPLAINT?
“Complaint” means any allegation in writing made by a
compliant that :
 an unfair trade practice or a restrictive trade practice has been
adopted by any trader or service provider;
 goods bought by him or agreed to be bought by him suffer from
one or more defects ;
 service hired or availed of or agreed to be hired or availed off by
him suffer from deficiency in any respect;
 Service which are hazardous or likely to be hazardous to the life
and safety of the public when used.
 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
 Goods which will be hazardous to life and safety when used are 9
being offered for sale to the public
WHO CAN FILE A COMPLAINT?

A complaint may be filed by

 The consumer to whom the goods are sold or services are
provided
 Any recognized consumer association
 One or more consumers with same interest
 The central government or state government

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APPEAL

It shall be filed within thirty days.

Delay in filing appeal may be condoned if there is

sufficient cause.

LIMITATION PERIOD

 Within two years from the date on which the

cause of action has arisen.
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CONSUMER PROTECTION COUNCILS
 The Consumer Councils are created to advise and assist the
consumers in seeking and enforcing their rights.
 District Council
District collector and such no. of official as member
At least two meeting shall be held every year.
 State Council
The Minister in charge of the consumer affairs in the State
Government, who shall be its Chairman.
At least two meeting shall be held every year.
 National Council
The Minister in charge of the consumer affairs in the Central
Government, who shall be its Chairman.
At least one meeting shall be held every year.
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CONSUMER DISPUTE REDRESSAL
AGENCIES
 District forum
Headed by District judge
Jurisdiction-District
 State Commission
Headed by Judge of High Court
Jurisdiction-Whole state
 National Commission
Headed by Chief Justice Of India
Jurisdiction-Entire nation 13
WHERE TO FILE A COMPLAINT?
Cost of goods or services and Forum / Commission
compensation asked

Does not exceed Rs. 20 District Forum (of the

lakhs district where the cause of
action has arisen or where the
opposite party resides)

Rs. 20 lakhs and above State Commission

but not exceeding One
Crore
Above One Crore National Commission at 14
New Delhi
POWER OF CIVIL COURT TO
DISTRICT FORUM
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 the concerned analysis or test
from the appropriate laboratory of from any other relevant
source.
Any other matter which may be prescribed.
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RELIEF TO THE COMPLAINANT

IF THE COMPLAINT IS PROVED THE FORUM SHALL ORDER:

 To remove defect pointed out by the appropriate

laboratory from the 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.
 To pay such amount as may be awarded by it as
compensation to the consumer for any loss or injury
suffered by the consumer due to negligence of the
opposite party. 16
 To remove the deficiency in the services in question.
CONT…..
 To discontinue the unfair trade practice or the restrictive trade
practice or not to repeat them.
 Not to offer hazardous goods for sale.
 To withdraw the hazardous goods from being offered for sale.
 To cease manufacture of hazardous goods and to desist from
offering services which are hazardous in nature;
 To pay such sum as may be determined by it, if it is of the
opinion that loss or injury has been suffered by a large number of
consumers who are not identifiable conveniently.
 To issue corrective advertisements to neutralize the effect of
misleading advertisement at the cost of the opposite party
responsible for issuing such misleading advertisement.
 To provide for adequate cost to parties.

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DISMISSAL OF FRIVOLOUS OR
VEXATIOUS COMPLAINTS

 Where a complaint instituted before the District

Forum, the State Commission or the National
Commission, is found to be frivolous or vexatious,
it shall, for reasons to be recorded in writing, dismiss
the complaint and make an order that the
complainant shall pay to the opposite party such
Cost, not exceeding ten thousand rupees, as may
specified in the order.

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PENALTIES

Where a trader or a person against whom a complaint

is made (or the complainant) fails or omits to comply
with any order made by
 The District Forum
 The State Commission
 The National Commission

Such trader or person shall be punishable with

imprisonment term of minimum 1 month up to
3yrs with fine of minimum Rs.2,000 up to
Rs.10,000.
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 THANK YOU 

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