CONSUMER CONSUMER PROTECTION PROTECTION

ACT, ACT, 19861986

Introduction of the ActIntroduction of the Act

• Consumer Protection Act, 1986 is an Consumer Protection Act, 1986 is an act of Parliament of India enacted in act of Parliament of India enacted in 1986 to protect interests of consumers 1986 to protect interests of consumers in India.in India.

• It extends to the whole of India except It extends to the whole of India except the State of Jammu and Kashmir.the State of Jammu and Kashmir.

• This Act is applied to all goods and This Act is applied to all goods and services.services.

• It shall come enforce through central It shall come enforce through central govt. by notifications for different govt. by notifications for different provisions of this actprovisions of this act

Objectives of the actObjectives of the act

1. Better protection of interests of consumers.1. Better protection of interests of consumers.

2. Protection of the rights of the consumers:2. Protection of the rights of the consumers:

(a) The right to be protected against marketing (a) The right to be protected against marketing of goods which are hazardous to life and of goods which are hazardous to life and

property; property;

(b) the right to be informed about the quality, (b) the right to be informed about the quality, quantity, potency, purity, standard and quantity, potency, purity, standard and

price of goods to protect the consumer against price of goods to protect the consumer against unfair trade practices; unfair trade practices;

Cont.

(c) The right to be assured, wherever (c) The right to be assured, wherever possible, access to an authority of goods at possible, access to an authority of goods at competitive pricescompetitive prices(d) The right to be heard and to be assured (d) The right to be heard and to be assured that consumers interests will receive due that consumers interests will receive due consideration at appropriate forums; consideration at appropriate forums; (e) The right to seek redressal against unfair (e) The right to seek redressal against unfair trade practices or unscrupulous exploitation trade practices or unscrupulous exploitation of consumers; and of consumers; and (f) Right to consumer education. (f) Right to consumer education.

3. Protection by the Consumer 3. Protection by the Consumer Protection Council.Protection Council.

4. Quasi-judicial machinery for speedy 4. Quasi-judicial machinery for speedy redressal of consumer disputes.redressal of consumer disputes.

DefinitionsDefinitions• CONSUMER:CONSUMER:

(i)(i)buys any goods for a consideration which has buys any goods for a consideration which has been paid or promised or partly paid and partly been paid or promised or partly paid and partly promised,promised,

(ii)(ii) or under any system of deferred payment and or under any system of deferred payment and includes any user of such goods other thanincludes any user of such goods other than

(iii)(iii) the person who buys such goods for the person who buys such goods for consideration paid or promised or partly paid or consideration paid or promised or partly paid or partly promised,partly promised,

Cont.

(iv) or under any system of deferred (iv) or under any system of deferred payment when such use is made with payment when such use is made with the approval of such person,the approval of such person,

(v) BUT does not include a person who (v) BUT does not include a person who obtains such goods for resale or for obtains such goods for resale or for any commercial purpose.any commercial purpose.

Cont.

Second definition of Second definition of ConsumerConsumer::(i)(i)hires or avails of any services for a hires or avails of any services for a consideration which has been paid or consideration which has been paid or promised or partly paid and partly promised or partly paid and partly promised,promised,(ii)(ii)or under any system of deferred or under any system of deferred payment and includes any beneficiary of payment and includes any beneficiary of such services other than the personsuch services other than the person(iii)(iii) who 'hires or avails of the services who 'hires or avails of the services for consideration paid or promised,for consideration paid or promised,

Cont.

(iv) or partly paid and partly (iv) or partly paid and partly promised, or under any system of promised, or under any system of deferred payment,deferred payment,

(v) when such services are availed of (v) when such services are availed of with the approval of the first with the approval of the first mentioned person.mentioned person.

Cont.

• Appropriate laboratoryAppropriate laboratory [sec.2 (1)a] [sec.2 (1)a]

It means a laboratory or organisation-It means a laboratory or organisation-

1)1)Recognised by the central governmentRecognised by the central government

2)2)Recognised by a state governmentRecognised by a state government

3)3)Any laboratory or organisation Any laboratory or organisation eshtablished by or under any law for the eshtablished by or under any law for the time being in force ,which is maintained, time being in force ,which is maintained, financed or aided by the central financed or aided by the central government or state government.government or state government.

Cont.

• COMPLAINANTCOMPLAINANT1)1)A consumerA consumer2)2)Any voluntary consumer association Any voluntary consumer association

registered under the companies registered under the companies act,1956, or under any other law for act,1956, or under any other law for the time being in forcethe time being in force

3)3)The central government or any state The central government or any state government, who or which makes a government, who or which makes a complaintcomplaint

Cont.

4) One or more consumers, where 4) One or more consumers, where there are numerous consumers having there are numerous consumers having the same intrest.the same intrest.

5) In case of death of a consumer, his 5) In case of death of a consumer, his legal heir or representative. (this legal heir or representative. (this clause has been introduced by the CPA clause has been introduced by the CPA amendment act, 2002)amendment act, 2002)

Cont.

• ComplaintComplaint

It means any allegation in writing made It means any allegation in writing made by a complainant with a view to by a complainant with a view to obtaining any relief provided by or obtaining any relief provided by or under this act. This allegation in under this act. This allegation in writing must be that-writing must be that-

1)1)an unfair trade practice or a restrictive an unfair trade practice or a restrictive trade practice has been adopted by trade practice has been adopted by any trader or service provider.any trader or service provider.

Cont.

2) the goods bought by him or agreed 2) the goods bought by him or agreed to be bought by him suffer from one or to be bought by him suffer from one or more defectsmore defects

3) the services hired or availed of or 3) the services hired or availed of or agreed to be hired or availed by him agreed to be hired or availed by him suffer from deficiency in any respect.suffer from deficiency in any respect.

Cont.

4) A trader or the service provider as the 4) A trader or the service provider as the case may be, has changed for the goods or case may be, has changed for the goods or for the services mentioned in the for the services mentioned in the complaint, a price in excess of the price-complaint, a price in excess of the price-a)a)Fixed by or under any law for the time Fixed by or under any law for the time being in force.being in force.b)b)Displayed on the goods or any package Displayed on the goods or any package containing such goods.containing such goods.c)c)Displayed on the price list exhibited by Displayed on the price list exhibited by him by or under any law for the time being him by or under any law for the time being in force.in force.d)d)Agreed between the parties.Agreed between the parties.

Cont.

5) Goods which will be hazardous to life and safety when used are being offered for sale to the public-a) In contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force. b) If the trader could have known with due diligence that the goods so offered are unsafe to the public.

Cont.

6) Services which are hazardous or 6) Services which are hazardous or likely to be hazardous to life and likely to be hazardous to life and safety of the public when used, are safety of the public when used, are being offered by the service provider being offered by the service provider which such person could have known which such person could have known with due diligence to be injurious to with due diligence to be injurious to life and safety.life and safety.

Cont.

• DEFECTDEFECT It means any fault, imperfection or It means any fault, imperfection or

shortcoming in the quality, quantity, shortcoming in the quality, quantity, potency, purity or standard which is potency, purity or standard which is required to be maintained by or under required to be maintained by or under any law for the time being in force under any law for the time being in force under any contract, express or implied or as is any contract, express or implied or as is claimed by the trader in any manner claimed by the trader in any manner whatsoever in relation to any goods.whatsoever in relation to any goods.

Cont.

• DEFICIENCYDEFICIENCYMeans any fault, imperfection, shortcoming or Means any fault, imperfection, shortcoming or

inadequacy in the quality, nature and manner inadequacy in the quality, nature and manner of performance which is required to be of performance which is required to be maintained by or under any law for the time maintained by or under any law for the time being in force or has been undertaken to be being in force or has been undertaken to be performed by a person in pursuance of a performed by a person in pursuance of a contract or otherwise in relation to any service.contract or otherwise in relation to any service.

• DISTRICT FORUM DISTRICT FORUM It means a Consumer Disputes Redressal Forum It means a Consumer Disputes Redressal Forum

established under clauseof section 9(a)established under clauseof section 9(a)

Cont.• GOODSGOODS Goods as defined in the Sale of Goods Goods as defined in the Sale of Goods

Act, 1930-Act, 1930-

““every kind of movable property other every kind of movable property other than actionable claims and money, than actionable claims and money, and includes stocks and shares, and includes stocks and shares, growing crops, grass and things growing crops, grass and things attached to or forming part of land attached to or forming part of land which are agreed to be served before which are agreed to be served before sale or under the contract of salesale or under the contract of sale””

Cont.

• NATIONAL COMMISSION NATIONAL COMMISSION It means the National Consumer Disputes

Redressal Commission established under clause (c) of section 9

• MANUFACTURERMANUFACTURER It means a person who—(i) makes or manufactures any goods or part

thereof; or(ii) does not make or manufacture any goods but

assembles parts thereof made or manufactured by others; or

Cont.(iii) puts or causes to be put his own mark (iii) puts or causes to be put his own mark on any goods made or manufactured by on any goods made or manufactured by any other manufacturer.any other manufacturer.

• PERSONPERSON It includes- It includes- (i) a firm whether registered or not; (i) a firm whether registered or not; (ii) a Hindu undivided family; (ii) a Hindu undivided family; (iii) a co-operative society; (iii) a co-operative society; (iv) every other association of persons (iv) every other association of persons whether registered under the Societies whether registered under the Societies Registration act 1860.Registration act 1860.

Cont.• RESTRICTIVE TRADE PRACTICERESTRICTIVE TRADE PRACTICE means a means a

trade practice which tends to bring about trade practice which tends to bring about manipulation of price or conditions of manipulation of price or conditions of delivery or to affect flow of supplies in delivery or to affect flow of supplies in the market relating to goods or services the market relating to goods or services in such a manner as to impose on the in such a manner as to impose on the consumers unjustified costs or consumers unjustified costs or restrictions and shall include— restrictions and shall include—

(a) delay beyond the period agreed to by a (a) delay beyond the period agreed to by a

trader in supply of such goods or in trader in supply of such goods or in providing the services which has led or is providing the services which has led or is likely to lead to rise in the price;likely to lead to rise in the price;

Cont.

(b) any trade practice which requires a (b) any trade practice which requires a consumer to buy, hire or avail of any goods or, consumer to buy, hire or avail of any goods or, as the case may be, services as condition as the case may be, services as condition precedent to buying, hiring or availing of other precedent to buying, hiring or availing of other goods or services.goods or services.

•SERVICESERVICE means service of any description means service of any description which is made available to potential users and which is made available to potential users and includes provisions of facilities in connections includes provisions of facilities in connections with:-with:-•BankingBanking•Financing insuranceFinancing insurance

Cont.

• TransportTransport• ProcessingProcessing• Supply of electrical or other energySupply of electrical or other energy• Board or lodging or bothBoard or lodging or both• Housing constructionHousing construction• EntertainmentEntertainment• Amusement or the purveying of news or Amusement or the purveying of news or

other informationother informationbut does not includebut does not include the rendering of any the rendering of any

service free of charge or under a contract of service free of charge or under a contract of personal service.personal service.

Cont.

•SPURIOUS GOODS AND SERVICESPURIOUS GOODS AND SERVICE means means such goods and services which are claimed such goods and services which are claimed to be genuine but they are actually not so.to be genuine but they are actually not so.

•STATE COMMISSIONSTATE COMMISSION means a Consumer means a Consumer Disputes Redressal Commission Disputes Redressal Commission established in a State under clause (b) of established in a State under clause (b) of section 9section 9

Cont.

• TRADERTRADER in relation to any goods means a in relation to any goods means a person who sells or distributes any goods person who sells or distributes any goods for sale and includes the manufacturer for sale and includes the manufacturer thereof, and where such goods are sold or thereof, and where such goods are sold or distributed in package form, includes the distributed in package form, includes the packer thereof.packer thereof.

• CONSUMER DISPUTECONSUMER DISPUTE means a dispute where means a dispute where the person against whom a complaint has the person against whom a complaint has been made, denies or disputes the been made, denies or disputes the allegations contained in the complaint.allegations contained in the complaint.

ACT NOT IN DEROGATION OF ANY ACT NOT IN DEROGATION OF ANY OTHER LAWOTHER LAW

THE PROVISIONS OF THIS ACT SHALL BE IN ADDITION TO AND NOT IN DEROGATION OF THE PROVISIONS OF ANY LAW FOR BEING IN FORCE.

CCONSUMERONSUMER

PPROTECTIONROTECTION

CCOUNCILSOUNCILS

CENTRAL CONSUMER PROTECTION CENTRAL CONSUMER PROTECTION COUNCILCOUNCIL

• CENTRAL CONSUMER PROTECTION CENTRAL CONSUMER PROTECTION COUNCILCOUNCIL

(l) The Central Government shall,by (l) The Central Government shall,by notification, notification,

establish with effect from such date as it establish with effect from such date as it may specify in such notification,may specify in such notification,

a Council to be known as the Central a Council to be known as the Central Consumer Protection Council.Consumer Protection Council.

(2) The Central Council shall consist of the (2) The Central Council shall consist of the following members, namely:following members, namely:

Cont.

(a) the Minister in charge of the (a) the Minister in charge of the 1[consumer affairs] in the Central 1[consumer affairs] in the Central Government, who shall Government, who shall

be its Chairman, and be its Chairman, and

(b) such number of other official or (b) such number of other official or non-official members representing non-official members representing such interests as such interests as

may be prescribed. may be prescribed.

Procedure for meetings of the Procedure for meetings of the Central CouncilCentral Council

( I) The Central Council shall meet as and ( I) The Central Council shall meet as and

when necessary, but 2[at least one when necessary, but 2[at least one meeting] of the Council shall be held every meeting] of the Council shall be held every year. year.

(2) The Central Council shall meet at such (2) The Central Council shall meet at such time and place as the Chairman may think time and place as the Chairman may think fit and shall observe such procedure in fit and shall observe such procedure in regard to the transaction of its business as regard to the transaction of its business as may be prescribed. may be prescribed.

OBJECTIVES OF CENTRAL COUNCILOBJECTIVES OF CENTRAL COUNCIL

Its main aim should be to pomote Its main aim should be to pomote and protect the intrests and rights of and protect the intrests and rights of the consumers:the consumers:•Right to be protected against Right to be protected against hazardous goods.hazardous goods.•Right to be informed.Right to be informed.•Right to be assured Right to be assured •Right to be heardRight to be heard•Right to seek redressal Right to seek redressal •Right for consumer education.Right for consumer education.

STATE CONSUMER PROTECTION STATE CONSUMER PROTECTION COUNCILCOUNCIL

(1) The State Government shall, by (1) The State Government shall, by notification, establish with effect from such notification, establish with effect from such date as it may specify in such notification, date as it may specify in such notification, a Council to be known as the Consumer a Council to be known as the Consumer Protection Council.Protection Council.

(2)The State Council shall consist of the (2)The State Council shall consist of the following members, namely : following members, namely : (a) the Minister Incharge of consumer (a) the Minister Incharge of consumer affairs in the State Government who shall affairs in the State Government who shall be its Chairman; be its Chairman;

Cont.

b) such number of other official or non-official b) such number of other official or non-official members representing such interests as may members representing such interests as may 'be prescribed by the State Government. 'be prescribed by the State Government.

(c) such number of other official or non-(c) such number of other official or non-official members, not exceeding ten, as may official members, not exceeding ten, as may be nominated by the Central Governmentbe nominated by the Central Government

(3) The State Council shall meet as and when (3) The State Council shall meet as and when necessary but not less than two meetings necessary but not less than two meetings shall be shall be

held every year. held every year.

OBJECTIVES OF THE STATE CONSUMER OBJECTIVES OF THE STATE CONSUMER PROTECTION COUNCILPROTECTION COUNCIL

The objects of every State Council shall be to The objects of every State Council shall be to promote and protect within the State the rights of promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) of the consumers laid down in clauses (a) to (f) of section 6. section 6.

(A) The District Consumer Protection Council –(A) The District Consumer Protection Council – (1) The State Government shall establish for (1) The State Government shall establish for

Every district, by notification, a council to be Every district, by notification, a council to be known as the District Consumer Protection Council known as the District Consumer Protection Council with effect from such date as it may specify in with effect from such date as it may specify in such such notificationnotification

Cont.

(2) The District Consumer Protection Council (2) The District Consumer Protection Council (hereinafter referred to as the District Council) (hereinafter referred to as the District Council) shall consist of the following members, namely shall consist of the following members, namely – – (a) the Collector of the district (by whatever (a) the Collector of the district (by whatever name called), who shall be its Chairman; and name called), who shall be its Chairman; and (b) such number of other official and non-(b) such number of other official and non-official members representing such interests as official members representing such interests as may be prescribed by the State Government. may be prescribed by the State Government.

Cont.

(3) The District Council shall meet as and when (3) The District Council shall meet as and when necessary but not less than two meetings shall necessary but not less than two meetings shall be held every year. be held every year.

(4) The District Council shall meet as such time (4) The District Council shall meet as such time and place within the district as the Chairman and place within the district as the Chairman

may think fit and shall observe such procedure may think fit and shall observe such procedure in regard to the transaction of its business as in regard to the transaction of its business as may may

be prescribed by the State Governmentbe prescribed by the State Government

Cont.

(B.) Objects of the District Council - (B.) Objects of the District Council - The objects of every District Council The objects of every District Council shall be to promote and protect within shall be to promote and protect within the district the rights of the consumers the district the rights of the consumers laid down in clauses (a) to (f) of laid down in clauses (a) to (f) of section.section.

Consumer dispute redressal Consumer dispute redressal agenciesagencies

1) Distict forum established by the state 1) Distict forum established by the state government in each district of the state by government in each district of the state by notification.notification.

2) State commission established by the 2) State commission established by the state governmentin the state by state governmentin the state by notification.notification.

3) Nation consumer dipute redressal 3) Nation consumer dipute redressal commission established bycentral commission established bycentral government by notification.government by notification.

Consumer dispute redressal Consumer dispute redressal forumforum

Each consumer redressal forum shall consist …Each consumer redressal forum shall consist …

1)1)A person who is, or has been, or is qualified to A person who is, or has been, or is qualified to be a district judge, who shall be its president.be a district judge, who shall be its president.

2)2)2 other members, one of whom shall be a 2 other members, one of whom shall be a woman, who shall have the following woman, who shall have the following qualifications:qualifications:

be not less than 35 years of age.be not less than 35 years of age.

posses a bachelor’s degree from a recognised posses a bachelor’s degree from a recognised universityuniversity

Cont.

3) be person of abilty, integrity an standing, 3) be person of abilty, integrity an standing, and have adequate knowledge and experience and have adequate knowledge and experience of atleast ten years dealing in problems relating of atleast ten years dealing in problems relating to economics, law, commerce, accountancy, to economics, law, commerce, accountancy, industry, public affairs or administration.industry, public affairs or administration.

Further a person is disqualified for appointment Further a person is disqualified for appointment as a member, if he..as a member, if he..

a)Has been convicted and sentenced to a)Has been convicted and sentenced to imprisonment for an offence which, in the imprisonment for an offence which, in the opinion of the state government, involves moral opinion of the state government, involves moral turpitude; orturpitude; or

Cont.b)Is an undischarged insolvent; orb)Is an undischarged insolvent; or

c)Is of unsound mind and stands so c)Is of unsound mind and stands so declared by a competent court; ordeclared by a competent court; or

d)Has been removed or dismissed d)Has been removed or dismissed from the service of the government from the service of the government or a body corporated owned or or a body corporated owned or controlled by the govrnment; orcontrolled by the govrnment; or

Cont.

e) has, in the opinion of the state e) has, in the opinion of the state government,such financial or the other government,such financial or the other interest as is likely to affect interest as is likely to affect prejudicially the discharge by him of prejudicially the discharge by him of his functions as a member;orhis functions as a member;or

f) Has such other disqualifications as f) Has such other disqualifications as may be presribed by the government. may be presribed by the government.

Jurisdiction Jurisdiction

JURISDICTION:JURISDICTION: If the relief claimed in the If the relief claimed in the complaint is less than Rs. 20,00,000/-, then complaint is less than Rs. 20,00,000/-, then the complaint must be filed before the District the complaint must be filed before the District Consumer Forum.Consumer Forum.

If the relief claimed is between Rs. If the relief claimed is between Rs. 20,00,000/- and Rs. 1,00,00,000/-, then the 20,00,000/- and Rs. 1,00,00,000/-, then the complaint must be filed before the State complaint must be filed before the State Commission.Commission.

When the relief claim exceeds Rs. When the relief claim exceeds Rs. 1,00,00,000/- then the complaint must be filed 1,00,00,000/- then the complaint must be filed before the National Commission at New Delhi. before the National Commission at New Delhi.

.

Lodging a complaintLodging a complaint

A ‘prescribed fee’ is payable for filing a A ‘prescribed fee’ is payable for filing a complaint before the District Forum, State complaint before the District Forum, State Commission or National Commission as Commission or National Commission as follows:follows:•Upto 1 lakh - Rs.100/-Upto 1 lakh - Rs.100/-•1 lakh to 5 lakhs - Rs.200/-1 lakh to 5 lakhs - Rs.200/-•5 lakhs to 10 lakhs - Rs.400/-5 lakhs to 10 lakhs - Rs.400/-•10 lakhs to 20 lakhs - Rs.500/-10 lakhs to 20 lakhs - Rs.500/-

You can pay this by Demand Draft in favour You can pay this by Demand Draft in favour of “President, State Consumer Disputes of “President, State Consumer Disputes Redressal Commission, Chennai.Redressal Commission, Chennai.

Cont.

The complainant can present his / The complainant can present his / her complaint in person or by his / her complaint in person or by his / her authorised representative to the her authorised representative to the District Forum / State Commission.District Forum / State Commission.

There is no requirement for a There is no requirement for a lawyer or consumer group to lawyer or consumer group to represent the complainant.represent the complainant.

CONSUMER REDRESSAL UNDER DISTRICT CONSUMER REDRESSAL UNDER DISTRICT FORUMFORUM

COMPLAINT RELATING TO GOODSCOMPLAINT RELATING TO GOODS

1-Refrences of sample to laboratory 1-Refrences of sample to laboratory where the complaint alleges a defect in where the complaint alleges a defect in the goods which cannot be determined the goods which cannot be determined without proper analysis or test of the without proper analysis or test of the goods.goods.

2-Deposit of fees.2-Deposit of fees.

Cont.

3- Remission of fees to laboratory and 3- Remission of fees to laboratory and forwarding of report to opposite party.forwarding of report to opposite party.

4- objections by any of the parties.4- objections by any of the parties.

5- reasonable opportunity to parties of 5- reasonable opportunity to parties of being heard and issue of order.being heard and issue of order.

CONT.CONT.

COMPLAINT RELATING TO SERVICESCOMPLAINT RELATING TO SERVICES•Reference of the claim to opposite Reference of the claim to opposite parrty.parrty.•Denial,etc. of allegation by the opposite Denial,etc. of allegation by the opposite party.party.•Settlement of disputesSettlement of disputes•Proceedings of the district forum finalProceedings of the district forum final•Death of the comlainantDeath of the comlainant•PeriodPeriod

CONSUMER REDRESSAL UNDER STATE CONSUMER REDRESSAL UNDER STATE

COMMISSIONCOMMISSION• JurisdicationJurisdication• Tranfer of casesTranfer of cases• Circuit benchesCircuit benches• ProcedureProcedure• AppealAppeal• Hearing of appealHearing of appeal

CONSUMER REDRESSAL UNDER CONSUMER REDRESSAL UNDER NATIONAL COMMISIONNATIONAL COMMISION

• Place of the national commision of indiaPlace of the national commision of india• JurisdicationJurisdication• AppealAppeal• Finality of ordersFinality of orders• Enforcement of orders of the district Enforcement of orders of the district

forum, the state commision or the forum, the state commision or the national commission.national commission.

• Dismissal of frivolous or vexatious Dismissal of frivolous or vexatious complaintscomplaints

RIGHTS OF A CONSUMERRIGHTS OF A CONSUMER

RIGHTS OF THE CONSUMERS ARE-RIGHTS OF THE CONSUMERS ARE-

•RIGHT TO SAFETYRIGHT TO SAFETY•RIGHT TO BE INFORMEDRIGHT TO BE INFORMED•RIGHT TO CHOOSERIGHT TO CHOOSE•RIGHT TO BE HEARDRIGHT TO BE HEARD•RIGHT TO SEEK REDRESSAL RIGHT TO SEEK REDRESSAL •RIGHT TO CONSUMER EDUCATION RIGHT TO CONSUMER EDUCATION

• RIGHT TO SAFETYRIGHT TO SAFETYRight to be protected against marketing of Right to be protected against marketing of

goods and services which are hazardous goods and services which are hazardous to life and property.to life and property.

applicable to specific areas like applicable to specific areas like healthcare, pharmaceuticals and food healthcare, pharmaceuticals and food processing.processing.

• RIGHT TO BE INFORMEDRIGHT TO BE INFORMEDThe right to be informed about the quality, The right to be informed about the quality,

quantity, purity, standard and price of quantity, purity, standard and price of goods or services, so as to protect the goods or services, so as to protect the consumer against unfair trade practices.consumer against unfair trade practices.

• RIGHT TO CHOOSERIGHT TO CHOOSEthe right to be assured, wherever the right to be assured, wherever

possible, to have access to a variety of possible, to have access to a variety of goods and services at competitive goods and services at competitive prices.prices.

• RIGHT TO BE HEARDRIGHT TO BE HEARDthe right to be heard and to be assured the right to be heard and to be assured

that consumer's interests will receive that consumer's interests will receive due consideration at appropriate forums.due consideration at appropriate forums.

• RIGHT TO SEEK REDRESSALRIGHT TO SEEK REDRESSALThe right to seek redressal against The right to seek redressal against

unfair trade practices or restrictive trade unfair trade practices or restrictive trade practices or exploitation of consumers is practices or exploitation of consumers is referred to as the right to redressal.referred to as the right to redressal.

• RIGHT TO CONSUMER EDUCATIONRIGHT TO CONSUMER EDUCATIONThe right of every Indian citizen to have The right of every Indian citizen to have

education on matters regarding education on matters regarding consumer protection as well as about consumer protection as well as about her/his right is regarded as the last right her/his right is regarded as the last right provided by the Consumer Protection provided by the Consumer Protection Act 1986.Act 1986.

RESPONSIBILITIES OF RESPONSIBILITIES OF CONSUMERSCONSUMERS

• CRITICAL AWARENESSCRITICAL AWARENESS(ask questions on quality, price,and use of goods and (ask questions on quality, price,and use of goods and

services)services)• ACTIONACTION((know your consumer rights)know your consumer rights)

• SOCIAL CONCERNSOCIAL CONCERN(care for senior citizens and persons with disablities)(care for senior citizens and persons with disablities)• ENVIRONMENTAL AWARENESSENVIRONMENTAL AWARENESS( help and maintain a clean environment)( help and maintain a clean environment)• SOLIDARITYSOLIDARITY(join consumer organisations and be heard as a (join consumer organisations and be heard as a

consumer)consumer)

APPROACH FOR REDRESSALSAPPROACH FOR REDRESSALS

Consumers can approach the Consumers can approach the commissions at the:commissions at the:

1.) District commission1.) District commission

2.) State commission2.) State commission

3.) National commission3.) National commission

There is no court fee charged to the There is no court fee charged to the consumers and they does not have to go consumers and they does not have to go to through lawyers.to through lawyers.

REGARDS TO COMPLAINTREGARDS TO COMPLAINT

The consumer can file a case under consumer The consumer can file a case under consumer protection act 1986 only if:protection act 1986 only if:

1.) he has suffered a loss or damage as a 1.) he has suffered a loss or damage as a result of any unfair trade practice adopted by result of any unfair trade practice adopted by any trader.any trader.

2.) the goods and services mentioned in the 2.) the goods and services mentioned in the complaint suffer one or more defects.complaint suffer one or more defects.

3.) a trader has charged for the goods 3.) a trader has charged for the goods mentioned in the complaint a price in excess of mentioned in the complaint a price in excess of the price which is fixed by law, displaced on the price which is fixed by law, displaced on the goods or displaced on any packet containig the goods or displaced on any packet containig such goods.such goods.

CONSUMER GROUPCONSUMER GROUP

Consumer organizations are advocacy Consumer organizations are advocacy groups that seek to protect people from groups that seek to protect people from corporate abuse like unsafe products, corporate abuse like unsafe products, predatory lending, false advertising and predatory lending, false advertising and pollution. pollution.

Consumer organizations may operate via Consumer organizations may operate via protests, campaigning or lobbying.protests, campaigning or lobbying.

Establishment of consumer Establishment of consumer groupsgroups

Some of functions of consumer groups are:Some of functions of consumer groups are:•Educating consumers rights.Educating consumers rights.•Creating awareness through publishing Creating awareness through publishing laboratory tests of goods and services in laboratory tests of goods and services in newspapers.newspapers.•Filing a complaint on behalf of the Filing a complaint on behalf of the consumers or the group of consumers.consumers or the group of consumers.•Providing guidance to consumers against Providing guidance to consumers against hazardous goods and services.hazardous goods and services.

Prominent consumer groups in Prominent consumer groups in INDIAINDIA

• CGSICGSI –Consumer Group Society of India. –Consumer Group Society of India.

• MGPMGP– Mumbai Grahak Pnchayat– Mumbai Grahak Pnchayat

• CUTSCUTS– Consumer Unity and Trust Society– Consumer Unity and Trust Society

• VOICEVOICE – Voluntary Organisation in the – Voluntary Organisation in the Intrests of Consumer Education.Intrests of Consumer Education.