Legal Aspects of Business

Unit 10

Unit 10

The Consumer Protection Act

Structure:
10.1 Introduction
Objectives
10.2 Definitions
10.3 Rights of Consumers
10.4 Nature and Scope of Complaints
People competent to file a complaint
Place of complaint
Procedure for filing a complaint
Admission of complaint
Powers of the district forum
10.5 Remedies Available to Consumers
Reliefs
Time-frame for decisions
Appeal to State Commission
Appeal to National Commission
Appeal to the Supreme Court against the orders of National
Commission
Limitation period
Vacancies or defects in appointment not to invalidate order
10.6 Summary
10.7 Glossary
10.8 Terminal Questions
10.9 Answers

10.1 Introduction
In the earlier units, we studied about the law of negotiable instruments. In
this unit, we will study the Consumer Protection Act.
The Consumer Protection Act, 1986, is a unique legislation enacted in India
to protect consumers. The Act is claimed to have been designed after an indepth study of consumer protection laws and arrangements in the UK, USA,
Australia and New Zealand. The main objective of this Act is to provide
better protection to consumers. Unlike other laws that are preventive in
nature, the provisions of this Act are compensatory in nature. The Act
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intends to provide simple, speedy and inexpensive redressal to consumers

grievances.
Objectives:
After studying this unit, you should be able to:
define the important terms related to consumers
identify the rights of consumers
analyse the remedies available for consumers for breach of their rights
In the next section, we will study about few important definitions.

10.2 Definitions
In the previous section, we have had a brief introduction to the Consumer
Protection Act. Indian consumers tend to be unaware of basic rights that are
provided to them under law, compared to their Western counterparts. This
can be attributed to the lack of education as well as disciplined organisation
to fight for ones rights and a general attitude of apathy towards the system.
The growth of legislation on protection of consumer rights has also been
piecemeal in India, spread over several unrelated statutes such as the
Indian Contracts Act, Sale of Goods Act, Essential Commodities Act, Drugs
Control Act, Prevention of Food Adulteration Act, Standard of Weights and
Measures Act and Monopolies and Restrictive Trade Practices Act. While all
these Acts provide several remedies to the consumer, the process is both
expensive and time consuming. In order to address rights of consumers
against unethical and exploitative business practices by traders, the
Consumer Protection Act was passed by the Indian Parliament in 1986. This
Act provided for the establishment of Consumer Protection Councils as well
as Consumer Forums for the settlement of consumer disputes.
Other salient features of the Act are that it:
Applies to all goods and services unless specifically exempted by the
Central Government
Covers all sectors whether private, public or co-operative
Confers certain rights on consumers
Envisages establishment of consumer protection councils at the Central
and State levels to promote and protect the rights of consumers

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The provisions of this Act are in addition to and not in derogation of the
provisions of any other Act. The Consumer Protection Act, 1986, was
substantially amended in 1991, 1993 and 2002.
Some of the important definitions provided by this Act are:
Complainant (Section 2(1)(b)): A complainant refers to any of the
following people who have made a complaint:
A consumer
Any voluntary consumer association registered under the
Companies Act, 1956, or under any other law for the time being in
force
The Central Government or any State Government
One or more consumers, where there are numerous consumers
having the same interest
In case of death of the consumer, the legal heir or representative.
From the above definition, it is evident that the scope of the term has been
widened to include not just the person directly affected by the issue, but also
other interested parties. Generally, the complainant is the person who
makes the complaint before the competent authority under the Act.
Complaint (Section 2 (1)(c)): A complaint refers to any allegation that
is made in writing by the complainant. This allegation may be with
respect to any unfair or restrictive trade practice of a trader or service
provider leading to defect in goods or deficiency of services, such as
overcharging of price or providing hazardous materials. Such a
complaint should provide a statement of facts contain the details of
complainant and opposite party, purpose of the complaint and relief
claimed under the Act. The complaint should be addressed to the
concerned redressal agency that has territorial jurisdiction.
Consumer (Section 2(1)(d)): Consumer can refer to any of the
following people:
o A person who buys any goods for a consideration of money. Such
goods can be paid for in full or promised for payment. The goods can
also be obtained by part payment or part promise under any system
of deferred payment i.e., in respect of hire-purchase transactions.
This term also includes any other user of such goods, when such
use is made with the approval of the buyer.
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A person who hires or avails of any services for consideration which

has been paid or promised or partly paid and partly promised, or
under any system of deferred payment. The term includes any other
beneficiary of such services with the approval of the first mentioned
person.

Consumer dispute (Section 2(1)(e)): It means a dispute where the

person against whom a complaint has been made, denies or disputes
the allegations contained in the complaint. It arises only upon
contestation.

Defect (Section 2(1)(f)): A defect is defined to mean any fault,

imperfection or shortcoming in the quality, quantity, potency, purity or
standard that is required to be maintained by any law in force or under
any express or implied contract.

Service (Section 2(o)): The term service refers to service of any

description which is provided to potential consumers and includes
banking, financing, insurance, transport, processing, supply of electrical
or other types of energy, boarding and lodging, housing or construction,
entertainment, providing news or other information. It excludes any
service that is free of charge or a contract of personal service. Hence,
the service must necessarily be for a consideration. By virtue of this
broad definition, several categories of services, such as advertising
agencies, airlines, banking, car rentals, bank loans, courier services,
educational institutions, electricity supply companies, insurance, postal
service, public corporations, railways, repair shops, telephone services,
transport of goods and even water supply comes under the head of
services.
Case: Consumer Unity and Trust Society vs. State of Rajasthan
(1989)
The National commission held that people who receive treatments in
government hospitals are not consumers and do not hire hospital
services, as the treatment is provided free of cost and does not come
under the definition of service under the Act.

Deficiency (Section 2(1)(g)): Just as defect relates to goods,

deficiency is relevant in case of services. Accordingly, it is defined to
mean any fault, imperfection, shortcoming or Inadequacy in the quality,

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nature and manner of performance which is required to be maintained

by any law in force, or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service.
Case: Lucknow Development Authority vs. Roop Kishore Tandon
(1990)
If the Housing Board fails to allocate and provide allocation of flats after
receiving the price and registering the same in favour of the allotee, then
it amounts to deficiency of service.

District Forum (Section 2(1)(h)): District Forum means a Consumer

Dispute Redressal Forum established under clause (a) of Section 9. This
section provides that for the purposes of the Act, a Consumer Disputes
Redressal Forum to be known as the District Forum should be
established by the State Government in each district by notification. The
State Government may, if it deems fit, establish more than one District
Forum in a district.

Goods: Goods under this Act shall have the same meaning as
assigned to them under the Sale of Goods Act, 1930. Accordingly,
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 the land which are agreed to be
severed before sale or under the contract of sale [Section 2(1) (i) of the
Sale of Goods Act, 1930].

Manufacturer (Sections 2(1)(j)): The expression Manufacturer for the

purpose of this Act, means any of the following people:
o A person who makes or manufactures any goods or part thereof.
o A person who does not make or manufacture any goods but
assembles parts thereof made or manufactured by others.
o A person who puts or causes to be put his own mark on any goods
made or manufactured by any other manufacturer.
However, this definition does not cover any branch office of a
manufacturer which dispatches or assembles, sells or distributes parts.

State and National Commissions: Sections 2(1)(p) and 2(1)(k) provide

for the setting up of Consumer Disputes Redressal Commission at the
State and National levels. The constitution and functioning of these

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commissions are in accordance with the provisions of the Act. These

commissions serve as the courts of higher appeal as well as wider
jurisdiction, compared to the district forums.
In the next section, we will learn about rights of consumers.
Self Assessment Questions
1. Consumer Protection Act applies to:
(a) All products and services
(b) Only physical products
(c) Only services
(d) Only certain products and service
2. Under the Consumer Protection Act, any of the following people can
file a complaint except:
(a) A consumer
(b) The Central Government
(c) Legal heir or representative of consumer, in the event of latters
death
(d) None of the above
3. The Consumer Protection Act, 1986, was amended in
(a) 1991, 1993 and 2001
(b) 1991, 1993 and 2002
(c) 1992, 1993 and 2002
(d) 1992, 1993 and 2001

10.3 Rights of Consumers

In the previous section, we have focused on various important terms and
definitions. In this section, we will learn about rights of consumers.
For the first time in the history of legislation in India, the Consumer
Protection Act, 1986, extended a statutory recognition to the rights of
consumers. Section 6 of the Act recognises the following six rights of
consumers:
Right to safety: The right to be protected against the marketing of
goods and services that are hazardous to life and property.

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Right to be informed: The right to be informed about the quality,

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

Right to choose: The right to be assured, wherever possible, access to

a variety of goods and services at competitive prices. In case of
monopolies, say, railways, telephones, etc., it means right to be assured
of satisfactory quality and service at a fair price.

Right to be heard: The consumers interests will receive due

consideration at appropriate forums. It also includes right to be
represented in various forums formed to consider the consumers
welfare.

Right to seek redressal: The right to seek redressal against unfair

practices or restrictive trade practices or unscrupulous exploitation of
consumers. It also includes right to fair settlement of the genuine
grievances of the consumers.

Right to consumer education: It means the right to acquire the

knowledge and skill to be an informed consumer.

In the next section, we will discuss the nature and scope of complaints.
Self Assessment Questions
4. Right to acquire the knowledge and skill to be an informed consumer
is a:
(a) Right to be heard
(b) Right to be informed
(c) Right to consumer education
(d) Right to safety
5. __________ means right to be assured, wherever possible, access to
a variety of goods and services at competitive prices.

10.4 Nature and Scope of Complaints

In the previous section, we have discussed rights of consumers. In this
section we shall discuss the nature and scope of complaints. To provide
simple, speedy and inexpensive redressal of consumer grievances, the Act
envisages three-tier quasi-judicial machinery at the district, state and
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national levels. At the district level, the redressal forum is called as District
Forum. The State Government may, if it deems fit, establish more than one
District Forum in a district. At the state level, there are to be similar
redressal commissions to be known as State Commissions and at the
national level, there is a National Consumer Disputes Redressal
Commission to be known as National Commission.
10.4.1 Persons competent to file a complaint (Section 12)
Any of the following people may file a complaint under the Act:
The consumer to whom such goods are sold or delivered or agreed to
be sold or delivered or such service provided or agreed to be provided.
In case of death of a consumer, the legal heir or representative can file a
complaint.
Any recognised consumers association namely, any voluntary consumer
association registered under the Companies Act, 1956, or any other law
for the time being in force. It is not necessary that the consumer is a
member of such an association.
One or more consumers, where there are numerous consumers having
the same interest, with the permission of the District Forum, on behalf of,
or for the benefit of, all consumers so interested.
The Central or the State Government.
The Amendment Act, 2002, has amended Section 12. It provides as follows:
Every complaint shall be accompanied with such amount of fee as
prescribed.
On receipt of a complaint, the District Forum may allow the complaint to
be proceeded with or rejected.
However, a complaint shall not be rejected unless an opportunity of
being heard has been given to the complainant.
Where a complaint is allowed to be proceeded with, the District Forum
may proceed with the complaint in the manner as provided under the
Act.
10.4.2 Place of complaint
The following are the three instances where a consumer can lodge a
complaint:
If the value of the goods or services and the compensation claimed does
not exceed Rs. 20 lakhs, then the complaint can be filed in the District
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Forum within the local limits of whose jurisdiction the opposite party
actually resides or carries on business or has a branch office
(Section 11).
If the value of the goods or services and compensation claimed exceeds
Rs. 20 lakhs but does not exceed rupees one crore, the complaint can
be filed before the State Commission (Section 17). Where a joint petition
is filed on behalf of a large number of victims, it is the total amount of
compensation claimed in the petition (and not the individual claims) that
will determine the question of jurisdiction. The State Commission shall
also have the jurisdiction to entertain appeals against the orders of any
District Forum within the State (Section 17).
If the value of goods or services and the compensation claimed exceeds
Rs. 1 crore, the complaint can be filed before the National Commission
(Section 21). The National Commission shall also have the jurisdiction to
entertain appeals against the orders of any State Commission
(Section 21).

10.4.3 Procedure for filing a complaint

There is no fee for filing a complaint before any of the aforesaid bodies. The
complainants or their authorised agent can present the complaint in person.
The complaint can also be sent by post to the appropriate Forum/
Commission. The complaint should be addressed to the President of the
Forum/Commission. A complaint should contain the following information:

Name, description and address of the complainant

Name, description and address of the opposite party or parties, as the

case may be, as far as they can be ascertained

Facts relating to complaint and when and where it arose

Documents, if any, in support of the allegations contained in the

complaint

Relief that the complaint is seeking.

10.4.4 Admission of complaint (Section 13)
Procedure in respect of goods where the defect requires no testing
or analysis: The District Forum should send a copy of admitted
complaint to the opposite party mentioned in the complaint within 21
days of admission. He should be instructed to provide his version of the
case within 30 days or may be granted a further extension of 15 days, at
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the discretion of the Forum. If the opposite party disputes the allegations
or fails to take any action, the forum can settle the disputes as specified
in the Act.

Procedure in respect of goods where the defect requires analysis

or testing: With respect to goods which need to be tested or analysed
for defects, the District Forum should obtain a sample of goods from the
complainant and should take steps to seal and authenticate the sample
and send it to the appropriate laboratory for testing or analysis. This
exercise should be carried out to ascertain whether the goods suffer
from defects alleged by the complainant and the results of such tests
must be provided within 45 days. This period may be extended by the
Forum, if necessary. The complainant is obliged to bear the necessary
charges towards the analysis/testing and needs to deposit these fees to
the forum. The Forum, in turn, remits the amount deposited to the
laboratory which undertakes the test or analysis. Upon receiving the
report, the Forum then forwards a copy of the same, along with its
remarks, to the Opposite party seeking clarification. Any disputes with
respect to the laboratorys findings must be countered by written
objections from the concerned party. The Forum then provides
reasonable opportunity for both the complainant and the opposite party
to be heard.

10.4.5 Power of the district forum [Section 13(4)]

District Forum shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908, while trying a suit in respect of the
following matters, namely:
Summoning and enforcing the attendance of any defendant or witness
and examining the witness on oath
Discovery and production of any document or other material object
producible as evidence
Reception of evidence on affidavits
Requisitioning of the concerned analysis or test from the appropriate
laboratory or from any other relevant source
Issuing any commission (i.e., warrant conferring authority) for the
examination of any witness
Any other matter that may be prescribed.
In the next section, we will discuss the remedies available to consumers.
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10.5 Remedies Available to Consumers

In the previous section, we have discussed the nature and scope of
complaints. In this section, we shall discuss the remedies available to
consumers.
10.5.1 Reliefs (Section 14)
If, after the proceeding conducted under Section 13, the District Forum is
satisfied that the goods complained against suffer from any of the defects
specified in the complaint or that any of the allegations contained in the
complaint about the services are proved, it shall issue an order to the
opposite party directing him to do one or more of the following things,
namely:
To remove the defect pointed out by the appropriate laboratory from the
goods in question
To replace the goods with new goods of similar description that shall be
free from defects
To return to the complainant the price, or 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 the
negligence of the opposite party
To remove the defects in goods or deficiencies in the services in
question
To discontinue the unfair trade practice or the restricted trade practice or
not to repeat them
Not to offer the hazardous goods for sale
To withdraw the hazardous goods from being offered for sale:
o To cease manufacture of hazardous goods and to stop from offering
services which are hazardous in nature
o 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
o To issue corrective advertisement to neutralise the effect of
misleading advertisement at the cost of the opposite party
responsible for issuing such misleading advertisement.

To provide for adequate costs to parties.

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In (a) above, the District Forum shall have the power to grant punitive
damages, as it deems fit.
10.5.2 Time-frame for decisions
The complaint should be decided by the Redressal Forum, as far as
possible, within a period of three months from the date of the notice
received by the opposite party where complaint does not require analysis or
testing of the commodities and within five months, if it requires analysis or
testing of commodities.
10.5.3 Appeal to State Commission
Any person aggrieved by an order made by the District Forum may prefer
and appeal against such order to the State Commission within 30 days from
the date of the order. However, the State Commission may entertain an
appeal after the expiry of the said period of 30 days, if it is satisfied that
there was sufficient cause for not filing it within that period.
10.5.4 Appeal to National Commission
Any person aggrieved by an order made by the State Commission may
prefer an appeal against such order to the National Commission within a
period of 30 days from the date of the order (Section 19).
No appeal by a person, who is required to pay any amount in terms of an
order of the State Commission, shall be entertained by the National
Commission, unless the appellant has deposited 50 percent of the amount
or Rs. 55,000, whichever is less.
Section 19A provides that an appeal filed before the state commission or the
National Commission shall be heard as expeditiously as possible and an
endeavour shall be made to finally dispose of the appeal within a period of
90 days from the date of its admission.
10.5.5 Appeal to the Supreme Court against the orders of the National
Commission
Any person, aggrieved by an order made by the National Commission, may
prefer an appeal against such order to the Supreme Court, within a period of
30 days from the date of the order. However, Supreme Court may entertain
an appeal after the expiry of the said period of 30 days if it is satisfied that
there was sufficient cause for not filing it within that period (Section 23).

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10.5.6 Limitation period (Section 24A)

The District Forum, the State Commission or the National Commission shall
not admit a complaint unless it is filed within two years from the date on
which the cause of action has arisen.
10.5.7 Vacancies or defects in appointment not to invalidate order
(Section 29A)
No Act or proceeding of the District Forum, the State Commission or the
National Commission shall be invalid by reason only of the existence of any
vacancy amongst its members or any defect in the constitution thereof.
Enforcement of orders of the District Forum, the State Commission or
the National Commission. The Amendment Act, 2002, has substituted
Section 25 by a new section. It provides as follows:
If the interim order made by the District Forum or the State Commission
or the National Commission is not complied with, these courts may order
that the property of the person not complying with such order, to be
attached.
Such attachment of property should be in force for a period of not more
than three months. At the end of such period, if the amounts are still
due, then the competent court has the authority to sell the property and
pay the balance to the entitled party.
The relevant consumer court is also empowered to issue a certificate for
amounts unpaid under its order and the aggrieved party can enlist the
support of the concerned District Collector to recover it in the same
manner as arrears of land revenue.
Activity 1:
Suggest the time frame for decisions of consumer court.
Hint: Refer Sec.10.5.2
Self Assessment Questions
6. The expression Manufacturer for the purpose of this Act, means any
of the following except
(a) A Hindu Undivided Family
(b) A person who makes are manufactures any goods

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7.

8.

9.

10.

11.

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(c) A person who does not make or manufacture any good but
assembles part thereof made.
(d) All of the above
The complaint can be filled in the District Forum if
(a) The value of goods or services and compensation, if any, claimed
exceeds Rs. 20 lakhs.
(b) The value of goods or services and compensation, if any, claimed
exceeds Rs. 20 lakhs but not exceed Rs.1 crore.
(c) Both A and B
(d) Only A
Which amendment of Consumer Protection Act permitted
representative complaints?
(a) Consumer Protection Act, 1991
(b) Consumer Protection Act, 1992
(c) Consumer Protection Act, 1993
(d) Consumer Protection Act, 2002
Transfer of cases comes under which of the following sections?
(a) Section 22 B
(b) Section 22 C
(c) Section 22 D
(d) Section 22 A
Section 28 A is inserted in which of the following amendment of
Consumer Protection Act
(a) Amendment Act, 1991
(b) Amendment Act, 1992
(c) Amendment Act, 1993
(d) Amendment Act, 2002
AGMARK stands for:
(a) Agricultural Process and Grading and Marketing Act
(b) Agricultural Products and Grading and Marketing Act
(c) Agricultural Products and Graduate and Marketing Act
(d) None

10.6 Summary
Let us recapitulate the important concepts discussed in this unit:
The earlier principle of law - Caveat Emptor or let the buyer beware
becomes obsolete in consumer law.
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In consumer law, the principle of Caveat Venditor or let the

seller/vendor beware gains ascendance.
The Consumer Protection Act in India provides rights and redressal for
violation of rights, by way of compensation.
The Act enabled the formation of district, state and national level forums
or courts which had exclusive jurisdiction of consumer cases.
This segregation of powers aided in the speedy trial and recovery for
consumer cases, as opposed to the slow machinery of civil suits.

10.7 Glossary
Complaint Allegation in writing by a complainant with a view to obtaining
any relief under the Act.
Consumer Any person who buys any goods for consideration that has
been paid or promised or partly paid and partly promised.
Consumer dispute Dispute where the person against whom a complaint
has been made denies or disputes the allegation contained in the complaint.
Service Service of any description that is available to potential users and
includes, but not limited.

10.8 Terminal Questions

1. Describe the main features of the Consumer Protection Act, 1986.
2. Can the following people be regarded as consumers?
a. A patient of a government hospital.
b. A person who registers himself for a telephone connection.
c. A person sending a telegram.
3. Examine the rights of a consumer enshrined under the Consumer
Protection Act, 1986.
4. Explain the procedure that the District Forum follows on receipt of a
complaint from a consumer.

10.9 Answers
Self Assessment Questions
1. (a)
2. (d)
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3.
4.
5.
6.
7.
8.
9.
10.
11.

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(b)
(c)
Right to choose
(a)
(a)
(c)
(a)
(d)
(b)

Terminal Questions
1. The main features are:
a. It applies to all goods and services unless specifically exempted by
the Central Government.
b. It covers all sections whether private, public or co-operative. For
further details, refer to section 10.2.
2. Any of the following people may file a complaint under the Act:
The consumer to whom such goods are sold or delivered or agreed
to be sold or delivered or such service provided or agreed to be
provided. In case of death of a consumer, the legal heir or
representative can file a complaint.
Any recognised consumers association namely, any voluntary
consumer association registered under the Companies Act, 1956, or
any other law for the time being in force. It is not necessary that the
consumer is a member of such an association. For further details,
refer to section 10.4.
3. Section 6 of the Act recognises the six rights of consumers:
1. Right to safety: The right to be protected against the marketing of
goods and services that are hazardous to life and property.
2. Right to be informed: The right to be informed about the quality,
quantity, potency, purity, standard and price of goods or services, as
the case may be, to protect the consumer against unfair trade
practices. For further details, refer to section 10.3 on consumer
rights.

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4. The District Forum should send a copy of admitted complaint to the

opposite party mentioned in the complaint within 21 days of admission.
He should be instructed to provide his version of the case within 30 days
or may be granted a further extension of 15 days, at the discretion of the
Forum. For further details, refer section 10.4 on powers of the district
forum.
Case-Let
S booked a motor vehicle through a dealer. He was informed subsequently
that the procedure for purchasing the motor vehicle had changed and was
called upon to make further payment to continue the booking before
delivery. On being aggrieved, S filed a complaint with the State
Commission. Would he succeed?
Hint: Yes, Refer the rights of consumers
References:

Aggarwal, Rohini (2003). Students Guide to Mercantile and Commercial

Laws, Taxmanns, New Delhi
Kapoor, N.D. (2003). Elements of Mercantile Law, Sultan Chand and
Sons, New Delhi.
Kucchal M.C. (2002). Business Law, Vikas Publishing House Pvt. Ltd.,
New Delhi.
Tulsian P.C. (2002). Business Law, Tata McGraw-Hill Pvt. Ltd., New
Delhi.
Gulshan S.S. (2006). Business Law, Excel Books, New Delhi.

E-reference:

http://www.indialawinfo.com/bareacts/soga.html retrieved on June 15th

2012

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