Consumer Protection Act, 1986

CONSUMER PROTECTION ACT,
1986
INTRODUCTION:
The consumer protection act was introduced with the
object of better protection of consumer and settlement of
dispute.It is aimed at protecting the interest of indivisual
consumer by prescribing as a result of centain trade prctices.A
consumer is a user of goods and services.The doctrine of
“Cabeat Emptor” or “let the buyer beware” was gradualy
replaced by the concept of “consumer is the king”.
The present consumer protection act and its
importance, owes its origin to a larger extent to the guidelines
laid down by the international organisation of consumer
established during the year 1985.
DEFINIATION:
Consumer protection refers to protecting the consumer
against the unfair trade practices of the producer or sellers. In
other words, consumer rights are lated, consumer must be safe
gurded and protective.
ADVANTAGES:
1) The aggrived consumer in such cases need not file a civil suit
and approach the court.He has to approach the consumer
forum which may be a district forum or state forum a
national forum depending upon the territorial and pecuriary
jurisdiction of the subject matter of the dispute.
2) No expenses need be incured by the aggrieved party for
filing a suit or for engaging a counsel in order to the case.It
is enough if the complaint is made in an unstamped paper
which is adequate for any of the forum mentioned above to
take cognitation at the dispute.
3) Elaborate procedure involving evidence act. And other
procedural codes are not necessary to establish the case.
4) Unlike civil suits, the cases involving consumer disputes are
not time consuming.At the most any case lodged before any
of the forum will be disposed off within four month or
maximum of six months time.
OBJECTS:
The main objects or thrust is to promote, prtect, preserve
and practice of the consumer’s rights.Those are –
1) Right to be protected against marketing goods which are
of narandous nature determental to life.
2) Right to be informed about the quality, quantity, potency
purity, standard and price of the goods in order to
protectthe consumers against unfair trade practises.
3) Right of assurance to the consumer where ever possible
to have access or exposure to goods at competitive
prices.
4) Right of consumer to ventilate the grievances which are
to be heard by appropriate forums.
5) The right of the consumer to seek redressal or remedies
against unfair trade practice and unscrupulous
exploitation of the consumers by restrictive practices.
6) Right of the consumer to be educated on their own and
privileges.
SUMMARY OF THE ACT:

The act consists of 31 sections and four chapters.
Chapter 1 – Deals with consumer protection council.
Chapter 2 – Deals with consumer disputes and redressal
agencies.
Chapter 3 – Regarding miscellaneous matters.
Here, will discuss according to the syllabous and topics –
BASIC CONCEPTS:
COMPLAINANT (SEC.2C) –
Only a consumer,or voluntary consumer association
registered center any law,or central ,or state
governement or one or more consumers,taxing action
through a representative,having common interest,or
though legal representative of the deceased,could figure
as complainant.
COMPLAINT (SEC.2C) –
Complaint may relabe to unfair trade practice or
restrictive trade practice adaptice by a trader.It may also
be regarding defective goods, deficiency of service, and
escalation of prices of goods opposed to law, goods or
services which are of hanardous nature detrimental to
public.
CONSUMER (SEC.2DI) –
1) It means any person who has bought goods for
considersation which might have been fully or party
paid or promise to pay fully or party or under any
system of difference payment scheme.It also includes
any use of such goods with the consent of such person
who is a bonafide purchaser of goods in any manner as
stated above.But the term consumer does not include
a person who obtains such goods for resale or
commercial purpose.
2) The term consumer includes also a person who avails
of the services for considersation which might have
been fully or partly paid or promised to pay fully or
partly or under any system of defferred payment
scheme.It also includes any person with the consent of
the user avails of such service a person who avails of
such services for any commercial purpose.
In order to become a consumer under the
act, one should fullfil the following conditions –
a) He or she must be one who ought to have bought
the goods for price.
b) The price may be fully or partly paid or a pro note
might have been executed eighter for full or part
payment of the price or it may be under an agreement
relating to deferred payment scheme.
c) The term consumer includes also such person who
used the said goods with the consent of the owner
who has paid the price under any one of the methods
stated supra.
d) The term considers does not include any person
who used the goods for commercial purpose and not
for his own self.
e) Similarly, one may be consumer in the sense that he
or she may avail of the service for consideration which
may be in any one of the ways stated above.
f) Hence also a sub user who avails of the service with
the consent of the user will be a consumer provided
the user ought to have paid considerasion in the
manner stated above.
g) Similarly a person who avails of the services for
considerasion intended for commercial purpose will
not be a consumer.
h) The term commercial purpose dose not include use
by a person of goods bought or service availed of from
consideration from the main purpose of exting out his
own livelihood rendering service through his personal
efforts.
THE FOLLOWING ARE NOT CONSUMER:-

1) A person who present a document from registration
and pays stams on it from registration.
2) A propective investor in the share of the company.
3) When a lease dead of an immovable property dose
not contain any provision for cleaning, helping and
for maintainance of the building bythe landlord then
in such cases a tanent cannot be considered as a
consumer.
CONSUMER DISPUTES [SEC.2 (I) (E):-
It means a disputes prevailing between a complainant and a
person against whom complaint made, May deny, or disputes,
or challenges the allegation, and contained in the complaint.
Example:- non issuance of permits under rice procurement
order by the state government was rightly held by the national
commission not to be a consumer disputes.
DEFECT [SEC.2(I)(F):-
It means fault imperfection or shortcoming in the quality,
quantity or standerd of goods. Such goods should have been
aggreed to be supplied under a contract expressed or implied
by a trader. But the goods should have been supplied with
imperfection as mentioned above then only the said goods are
considered to be defective.
Example:-
A moter vehicle sold to a petitioner was found to have major
manufacturing defects which could not be rectified disputes
which could not be rectified disputes repleated. It was held to
be defective and the vehicle was ordered to be replaced.
DEFICIENCY (SEC.2G):
It means any fault, imperfection, short coming, or
inadequacy.In the quality, nature and manner of performance
which is required to be maintained under any law in
force.Invariable the term deficiency is always associated with
service.
*FORUMS FOR REDRESSAL UNDER THE CONSUMER

PROTECTION ACT, 1986 :-
1) SUPREME COURT:-
a) Appellable jurisdiction against the orders of national forum.
b) Writ jurisdiction and revional jurisdiction on pending matters
before the lower forum.
c) Administration jurisdiction over national forum.
2) NATIONAL FORUM:-
a) Original jurisdiction on matters pertaining to dispules over
the above rupers is crore.
b) appellate jurisdiction on matters of disputes against the
orders passed by state forums,the value of which exceeds
rupees 20 lakhs not exceeding one crore.
c) It has revisional jurisdiction on matters pending over the
state forums.
d) It has administration jurisdiction over the functioning of the
various state forums.
3) STATE FORUM:-
a) Original jurisdiction an matters pertaining to disputes over
and above 20 lakhs upto one crore.
b) appellate jurisdiction on any appeal against the orders
passed by district forum.
c) Revisional jurisdiction on matters pending disposal before
the various district forums.
d) Administrative jurisdiction by way of supervision on the
functioning of the districtforums.
4) DISTRICT FORUM:-
a) Only original jurisdiction on matters partaining to the
disputes of the consumers of the value up to 20 lakhs.
*REMEDIES GRANTED BY THE FORUMS (SEC.14, 18 & 22 ) :-

The following are the remedies granted by the consumer’s
forum –
SEC.18 & 22:-
a) To remove the defect painted out by the appropriate
laboratory from the goods in question.
b) To replace the goods with new goods of similar discription
which shall be free from any defect?
c) To return to the complainant the price as the case may be
including the charges paid by him.
d) To pay such complainan as may be awarded by the forum
to the consumer for any loss or injury suffered by the
consumer due to the negligence of the opposite party.
e) To remove the defects and deficiencies, it any, found in
the goods or servies.
f) To discontinue the unfair trade practices or restrictive
trade practices are not to repeat them.
g) To risist from the act of offering hazardous goods from
being sold in the market.
h) To the case of manufacturing such hazardous goods and
desist from offering service which are injurious in nature.
i) To direct the opposite party to issue a corrective
advertisement at his cost in order to naturalise the effect
of misleading advertisement.
Hence, though sec-14 is describe as the finding of
district forum, yet the same remedies are equally available
to the consumer from the state and national forum.

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Consumer Protection Act, 1986

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CONSUMER PROTECTION ACT,

SUMMARY OF THE ACT:

THE FOLLOWING ARE NOT CONSUMER:-

*FORUMS FOR REDRESSAL UNDER THE CONSUMER

*REMEDIES GRANTED BY THE FORUMS (SEC.14, 18 & 22 ) :-

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