Consumer Protection Act ,1986

 The Consumer Protection Act, 1986 (COPRA) was

an Act by the Parliament of India elected to protect the
interests of consumers in India. It was replaced by
the Consumer Protection Act, 2019. The act was
commenced in 24 DEC. 1986
 What is the Consumer? Sec 2 (1) (d)- Definition
 Consumer refers to persons or households that use
goods and services generated within the economy. The
consumer is defined as someone who obtains goods
or services for direct use or possession rather than for
exchange, resale or use in production and
manufacturing.
 For example:
 When your mother buys apples for you and consumes
them, your mother and yourself are treated as
consumers.
 Definition-
 Complaint sec 2(1)©
• unfair trade practice

• defect in goods

• defect in services

• price variation

• hazardous goods

Consumer dispute 2(1) (e)

Defects in goods 2(1) (f)
Deficiency in service 2(1) (g)
Goods 2(1) (i) ‘every kind of moveable
property, but not include- money, share and
stocks, growing crops”
 Amendments-
 First amendment 1991, 1993, 2001, 2019
 The consumer protection Act 2019 was got

the approval of president on 9 august 2019.

 Extent (Sec 1) Whole of India.

Salient Features of the Act

1. Consumer Redressal forum.
2. Goods and services are covered
3. Filling of complaint
4. Inexpensive Redressal machinery
5. Social welfare legislation.
 Objectives of Consumer Protection
1. To protect the Interests of consumers.
2. To provide a venue for
grievances/compensation.
3. To ensure a superior quality of living by
upgrading consumer products and services
4. Protecting the consumer against immoral
and unfair activities of the traders.
 Need for Consumer Protection Act
1. Social Responsibility: It is the moral responsibility of the
business to serve the interest of consumers. In line with
this principle, producers and traders have to provide the
right quality and quantity of goods at fair prices.
2. Increasing Awareness: Consumers are becoming more
mature and conscious of their rights against the
malpractices of the business. Many consumer
organizations and associations are making efforts to build
consumer awareness.
3. Consumer Satisfaction: The Father of the Nation, Mahatma
Gandhi, had once called manufacturers and traders to”
treat your consumers as god”. Consumer satisfaction is the
only key to the success of the business. Hence, people in
business should take every step to serve the interests of
consumers by providing them quality goods and services at
a reasonable price.
4. .
1. Survival and Growth of Business: Businesses
have to be in the service of consumer
interests for their survival and growth. On
account of globalisation and the rise in
competition, any business organisation which
indulges in malpractices or fails to provide
improved services to its ultimate consumer
shall find it difficult to continue.
2. Principle of Trusteeship: Resources/Assets
were contributed by society. They are merely
the trustees of the wealth and, therefore, they
should use such resources effectively for the
sake of the community, which includes the
consumer
Consumer Rights and Responsibilities:
 The Rights of the Consumer
 Right to Safety- Before buying, a consumer can insist on the
quality and guarantee of the goods. They should ideally purchase
a certified product like ISI or AGMARK.
 Right to Choose- Consumer should have the right to choose from
a variety of goods and in a competitive price.
 Right to be informed- The buyers should be informed with all the
necessary details of the product, make her/him act wise, and
change the buying decision.
 Right to Consumer Education- Consumer should be aware of
his/her rights and avoid exploitation. Ignorance can cost them
more.
 Right to be heard- This means the consumer will get due
attention to express their grievances at a suitable forum.
 Right to seek compensation- The defines that the consumer has
the right to seek redress against unfair and inhumane practices or
exploitation of the consumer.
The Responsibilities of the Consumer
 Responsibility to be aware – A consumer has to be

mindful of the safety and quality of products and

services before purchasing.
 Responsibility to think independently– Consumer

should be well concerned about what they want and

need and therefore make independent choices.
 Responsibility to speak out- Buyer should be

fearless to speak out their grievances and tell

traders what they exactly want
 Responsibility to complain- It is the consumer’s

responsibility to express and file a complaint about

their dissatisfaction with goods or services in a
sincere and fair manner.
 Research and act responsibly
 How to File a Complaint?
 Within two years of purchasing the product or services, the
complaint should be filled.
 In the complaint, the consumer should mention the details
of the problem. This can be an exchange or replacement of
the product, compensation for mental or physical torture.
However, the declaration needs to be reasonable.
 All the relevant receipts, bills should be kept and attached
to the complaint letter.
 A written complaint should be then sent to the consumer
forum via email, registered post, fax or hand-delivered.
Acknowledgement is important and should not be
forgotten to receive.
 The complaint can be in any preferred language.
 The hiring of a lawyer not required.
 All the documents sent and received should be kept.
 Filing a
Complaint
District Forum –
The value of goods or A Person who is, or has been, or is qualified
to be a District judge, who shall be
compensation claim president.
does not exceed Rs. Two other member, one of whom shall be a
woman.
20 lakh.
State Forum – The value MEMBeR- age not less than 35. bachelor
of goods or compensation degree
is more than Rs. 20 lakh A person who is or has been a judge of a
but does not exceed one high court, appointed by the state govt.
crore. who shall be president. 2 member one
National Forum – It shall be women
takes up all the cases Judge of supreme court
exceeding the value of appointed by central govt. shall
Rs. 1 crore. be president.
Not less than 4 or not more than
4, one will be woman.
 Changes incorporated in Consumer
Protection Act, 2019
 It covers E- commerce transaction and tele-shopping.
 Consumer complaint can be filled at a place where
complaint reside or works.
 E- filing of complaint is included. Hearing of case can
be done online by video conferencing.
 District forum: Values of goods or services (up to 1
crore), State commission (from 1 cr. To 10 cr.) and
national commission (above 10 crore).
 Central consumer protection authority (CCPA) has
been establish, for investigate matter, file case,
withdrawal all products.
 Mediation center has been establish for resolve
dispute.
Information Technology Act, 2000
 The Information Technology Act, 2000 or ITA, 2000
or IT Act, was notified on October 17, 2000. It is the
law that deals with cybercrime and electronic
commerce in India. The original Act contained 94
sections, divided into 13 chapters and 4 schedules.
 In 1996, the United Nations Commission on International Trade Law
(UNCITRAL) adopted the model law on electronic commerce (e-
commerce) to bring uniformity in the law in different countries.
 Further, the General Assembly of the United Nations recommended
that all countries must consider this model law before making
changes to their own laws. India became the 12th country to enable
cyber law after it passed the Information Technology Act, 2000 .
 Presented in Budget session BY president K.R NARAYNA
 Amendment- 2008
 Applicability
According to Section 1 (2), the Act extends to the entire country,
which also includes Jammu and Kashmir & Outside side
 Non-Applicability
According to Section 1 (4) of the Information Technology Act,
2000, the Act is not applicable to the following documents:
 Execution of Negotiable Instrument under Negotiable

Instruments Act, 1881, except cheques.

 Execution of a Power of Attorney under the Powers of Attorney

Act, 1882.
 Creation of Trust under the Indian Trust Act, 1882.
 Execution of a Will under the Indian Succession Act, 1925

including any other testamentary disposition

by whatever name called.
 Entering into a contract for the sale of conveyance of immovable

property or any interest in such property.

 Any such class of documents or transactions as may be notified

by the Central Government in the Gazette.

Schedule of Information Technology Act,
2000
 The Act is divided into 13 chapters, 90 sections and 2 schedules. The
following are the chapters under the Act:
 Chapter 1 deals with the applicability of the Act and definitions of various
terminologies used in the Act.
 Chapter 2 talks about digital and electronic signatures.
 Electronic governance and electronic records are given under Chapters 3
and 4 respectively.
 Chapter 5 is related to the security of these records and Chapter 6 deals
with regulations of certifying authorities.
 Chapter 7 further gives the certificates needed to issue an electronic
signature.
 Chapter 8 gives the duties of subscribers and Chapter 9 describes various
penalties.
 Chapter 10 provides sections related to the Appellate Tribunal.
 Chapter 11 describes various offences related to breach of data and their
punishments.
 Chapter 12 provides the circumstances where the intermediaries are not
liable for any offence or breach of data privacy.
 The final chapter, i.e., Chapter 13 is the miscellaneous chapter
Objectives
 Grant legal recognition to all transactions done via electronic
exchange of data or other electronic means of communication
or e-commerce, in place of the earlier paper-based method of
communication.
 Give legal recognition to digital signatures for the
authentication of any information or matters requiring legal
authentication
 Facilitate the electronic filing of documents with Government
agencies and also departments
 Facilitate the electronic storage of data
 Give legal sanction and also facilitate the electronic transfer of
funds between banks and financial institutions.
 Authorize banks and other financial institutions to execute
transactions between multiple parties.
Features of the Information Technology Act,
2000
 All electronic contracts made through secure electronic channels are legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and also digital signatures are in place.
 Provision for establishing a Cyber Regulatory Appellant Tribunal under
the Act. Further, this tribunal will handle all appeals made against the order of the
Controller or Adjudicating Officer .
 An appeal against the order of the Cyber Appellant Tribunal is possible
only in the High Court.
 Digital Signatures will use an asymmetric cryptosystem and also a hash
function.
 Provision for the appointment of the Controller of Certifying Authorities (CCA) to
license and regulate the working of Certifying Authorities. The Controller to act as
a repository of all digital signatures.
 The Act applies to offences or contraventions committed outside India.
 Provisions for the constitution of a Cyber Regulations Advisory Committee to
advise the Central Government and Controller.
ELECTRONIC SIGNATURE
 any signature used to authenticate any electronic record that is in the
form of a digital signature is called an electronic signature. However, such
authentication will be affected by asymmetric cryptosystems
and hash functions as given under Section 3 of the Act.
 Section 3A further gives the conditions of a reliable electronic
signature. These are:
 If the signatures are linked to the signatory or authenticator, they are
considered reliable.
 If the signatures are under the control of the signatory at the time of
signing.
 Any alteration to such a signature must be detectable after fixation or
alteration.
 The alteration done to any information which is authenticated by the
signature must be detectable.
 It must also fulfill any other conditions as specified by the Central
Government.
License for electronic signatures

 According to Section 22 of the Act, an application

must fulfill the following requirements:
 A certificate of practice statement.
 Identity proof of the applicant.
 Fees of Rupees 25,000 must be paid.
 Any other document as specified by the central
government.
 The license can be renewed by making an
application before 45 days from the expiry of the
license along with payment of fees, i.e., Rupees
25000. (Section 23)
 Meaning of e-Governance
Electronic governance or e-governance implies government
functioning with the application of ICT (Information and
Communications Technology). Hence e-Governance is basically
a move towards SMART governance implying: simple, moral,
accountable, responsive and transparent governance.
Objectives
1. Encouraging the participation of people in the government
process.
2. Delivering better service to the citizen.
3. Simplifying governance for citizen, government and
businesses.
4. Ensuring speedy administration of information and services.
5. Increasing interaction between government, people and
business.
6. Reducing difficulties for the business by providing
immediate information.
Importance of e-Governance
Automation of administrative processes
Paper work reduction
Quality of services
Elimination of hierarchy
Change in administrative culture.
Transparency
Economic development
Social development
Interactions in e-Governance
 There are 4 kinds of interactions in e-governance, namely:
 G2C (Government to Citizens) — Interaction between the government and the
citizens.
◦ This enables citizens to benefit from the efficient delivery of a large range of public
services.
◦ Expands the accessibility and availability of government services and also improves the
quality of services
◦ The primary aim is to make the government citizen-friendly.
 G2B (Government to Business):
◦ It enables the business community to interact with the government by using e-
governance tools.
◦ The objective is to cut red-tapism which will save time and reduce operational costs. This
will also create a more transparent business environment when dealing with the
government.
◦ The G2B initiatives help in services such as licensing, procurement, permits and revenue
collection.
 G2G (Government to Government)
◦ Enables seamless interaction between various government entities.
◦ This kind of interaction can be between various departments and agencies within
government or between two governments like the union and state governments or
between state governments.
◦ The primary aim is to increase efficiency, performance and output.
 G2E (Government to Employees)
◦ This kind of interaction is between the government and its employees.
◦ ICT tools help in making these interactions fast and efficient and thus increases the
satisfaction levels of employees.
Electronic Record Sec. 2(1) (t)
“An electronic record is any information created, used
and retained in a form that only a computer can
process”. Electronic records include email, text
messages, disaster recovery backup tape, and records
that exist on portable media, such as memory sticks,
BlackBerry devices, or PDAs. Records related to
department work that may be produced or kept on
personal devices away from the office are
considered state records, and are not the employee's
personal property.
Requirements for Managing Electronic Records

 software, hardware, and documentation for retrieving

records are retained throughout the retention period of the
records or that records are migrated to another system;
 necessary maintenance is performed to ensure that records
are preserved;
 records are identified as part of a records series and that
they are individually accessible;
 email systems preserve essential basic metadata and email
is appropriately retained;
 destruction of records protects the confidentiality of
confidential and sensitive records;
 records are destroyed in compliance with an approved
records retention schedule.