The CONSUMER PROTECTION ACT (COPRA)1986

BACKGROUND of the (COPRA)1986.

India is a vast country with ever increasing population,but corresponding

supply of goods and services is lacking.

Market in India is generally a sellers market

Majority of the consumers are poor,helpless and disorganised.and not in a

position to easily approach the civil court.

Common consumer is neither knowledgeable nor well informed.

He needs the support and protection from the exploitation by the

unscrupulous seller.

There fore the Central Govt. enacted a LAW in the year 1986. for the
protection of the consumers known as The consumer Protection
Act 1986
Objectives of the COPRA 1986.

1) To provide simple,speedy,and inexpensive redressal to consumer

grievances,particularly against unfair trade practices and unscrupulous
exploitation of consumers.

2) to educate the consumers to protect their rights and privileges.

3) To provide protection of the interests of the consumers, in general

For this purpose the Act has recognized the following SIX rights.
RIGHTS of Consumers as recognized by COPRA 1986.
1.Right to consumer education
2.Right to safety
3.Right to seek redressal
4.Right to be heard
5.Right to choose
6.Right to information.
RIGHTS of Consumers as recognized by COPRA 1986.
1. Right to consumer Education:
Complete Information about the availability of the consumer products in
the market and also the availability of a legal remedy should be widley

explained ,advertised, and circulated,so that people will be aware of their

rights
2. Right to safety
The consumer has a right to be protected against marketing of goods
which are hazardous to life and property of the consumers. E.g.
adulterated food, weak cement, etc.
3.Right to seek redressal.
The consumer has the right to have some means of redressal against
unfair trade practices or unscrupulous exploitation by the traders
4. Right to be heard
The right to be heard includes the right to be assured that the interest of
the consumer will receive due consideration at appropriate Forums. The
consumer disputes should be resolved in a fair and expeditious manner.
5. Right to Choose.
This is the right concerned with accessibility,
wherever possible, to variety of goods and services at competitive prices
6. Right to information

The right to obtain adequate information is an important right which

enable the consumer to take intelligent decision on his purchases of
goods or availing services.

The consumer has the right to be informed by the producer about the
quality , quantity,purity, standard and price of goods so as to protect
the consumer against unfair trade practices.

Definitions of concepts of under the COPRA 1986.

CONSUMER

Consumer means any person who :-

i) buys any goods for a consideration

a) which has been paid or promised or partly paid and partly promised

OR

b) under any system of deferred payment

Ii) Hires or avail any services for a consideration which has been paid or
promised or partly paid and partly promised or under any system of
deferred payment .

And include any beneficiary of such services, when such services are
availed of with the approval of the first mentioned person ,but does not
include a person who avails of such services for any commercial purpose

Consumer Dispute As per Section2(1)(f)

Consumer dispute means a dispute where the person against whom a

complaint has been made ,denies or disputes the allegations stated in the
complaint.

Complaint means any allegation in writing made by a complainant that:-

(i) that an unfair trade practice or a restrictive trade practice has been
adopted by any trader or service provider;

(ii) the goods bought by him or agreed to be bought by him suffer from
one or more defect;

(iii) the services hired or availed of or agreed to be availed of by him

suffer from deficiency in any respect.

(iv) a trader or the service provider , as the case may be , has charged
for the goods or services mentioned in the complaint, a price in excess of
the price.:-

(a) fixed by or under any law for the time being in force;

(b) displayed on the goods or any package containing such package

( c ) displayed on the price list by him exhibited by him by or under

any law for the time being in force.

(v) goods or services which will be hazardous to life and safety when used
or are being offere d for sale.

Contd.. Definition of COPRA terms

Deficiency means any fault,imperfection,shortcomimg or

inadequacy,purity or standard in the quality ,nature and manner of
performance which is required to be maintained by or under any law for
the time being in force or

has been under taken to be performed by a person in pursuance of a

contract or otherwise in relation to any service.

ContdDefinitions of terms

Service means service of any description which is made available to

potential users and includes, (but not limited to, the provisions of) facilities
in connection with Banking, financing , insurance, transport, processing ,
supply of electrical or other energy, boarding or lodging or both, housing
construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service free of
charge or under a contract of personal service.

Consumer protection Council

Consumer protection councils are advisory bodies established to promote

and protect the interests of the consumers. These councils are established
at three levels viz; at Central, State and District levels.
1.The Central Consumer Protection Council
2. The state consumer protection Councils
3. The District Consumer Protection Council

The Central Consumer Protection Council

As per Section 4 of the Act,The Central Govt. establishes the Central

consumer protection council at National Level.

The Council Consists of the following members:

a)The Chairman the minister in charge of consumer affairs (Food & Civil
Supplies)Central Govt. will be the chairman

b)The Vice chairman may be the minister of state Or the Deputy

Minister in the Department of civil supplies

C)Such number of other official or non-official members representing

such interests as may be prescribed.

As per the rules , the Central council shall consist of 150 members ,

The term of the council shall be three years.

OBJECTIVES of the CENTRAL COUNCIL

Following are the objectives of Central Consumer Protection Council, as

per section 6.

1. To promote and protect the rights of consumers such as:

a) the right to safety
b) Right to Consumer Education
c) right to seek redressal
d) right to be heard
e) right to choose
f) right to information

The state Consumer protection Council

The state Government shall establish the STATE CONSUMER PROTECTION

COUNCIL known as Consumer Protection Council for(.Name of State)

Section 7 & 8 deals with state consumer protection council

It consists of the following members.

a) The Chairman

The Minister in-charge of consumer affairs of the concerned State

Govt. will be the Chairman

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

interests as may be prescribed by the state Govt.

C) such number of other official or non official members, not exceeding

ten, as may be nominated by the state Govt.

The State council shall meet as and when necessary but not less than
two meetings shall be held every year.

The DISTRICT Consumer protection Council.

The District Consumer Protection Council is established by the state

Government for every district by notification.

The District Council shall consists of the following members, namely:

(a) the Collector of the district who shall be its chairman ,and

(b) such number of other official and non-official members representing

such interests as may be prescribed by the state Government.

Objective of the District Council.

The objects of every District Council shall be to promote and protect the
rights of the consumers with in the District.

The District council shall meet as and when necessary but not less than
two meetings shall be held every year.

CONSUMER DISPUTE REDRESSAL AGENCIES

The Act has designed redressal machineries to give relief to the

consumer who is not in a position to go to the regular courts to fight his
case because of high cost of litigation . And therefore has given a FORUM
where justice will be cheap and quick.

For redressal of consumer disputes and grievances, the Act provides for a
three tier quasi-judicial redressal machinery at the District, State, and
National levels which are known as

(a) The District Forum

(b) State Commission and

( c ) National Commission

DISTRICT FORUM

The State Government establishes a District Forum in each district if it

is required.

The District Forum Consists of the Following Members:

(a)The President of the Forum

Is a person who is, or who has been or is qualified to be , a District Judge.

(b) two other members ,one of whom shall be a woman , who shall have
the following qualifications namely:-

(i) not less than thiry-five years of age,

(ii) possess a bachelors degree from recognised University.

(iii) should be a person of ability, integrity, and have adequate knowledge

and experience of at least ten years in dealing with problems relating to
economics, law,commerce ,accountancy,industry, public affairs and
administration.

The Term of Office of the member of District Forum is five years up to the
age of 65 years whichever is earlier.

Contd DISTRICT FORUM

Following persons are NOT qualified to become a member of the District

Forum:

(a) an Insolvent(or undischarged insolvent)

(b)is of unsound mind and stands so declared by a competent court

(c ) has been removed from the service of Govt. or body corporate owned
by Govt.

(d) has been convicted and sentenced to imprisonment

(e ) has such other disqualifications as may be prescribed by the Govt.

Jurisdiction of the District Forum

The Act provide two criteria for the jurisdiction:

(i) Pecuniary Limits (ii) Territorial Limits

A district Forum can entertain Complaints ,the value of goods or services

and the compensation ,if any, claimed does not exceed Rupees TWENTY
LAKHS

(ii) Territorial Limits

At the time of Institution of the Complaint ,the opposite party to the

complaint should have resided , or had his office/business, in the
jurisdiction of the particular district

Method of making a complaint in the District Forum

1. A complaint in relation to any goods sold or agreed to be sold or

delivered or any service provided or agreed to be provided may be filed
with the District Forum by:-

(a) the consumer to whom such goods are sold or delivered,or such
service provided or

(b) any recognised consumer association or

( c) one or more consumers, where there are numerous consumers

having the same interest

(d) the Central Govt or state Govt, as the case may be either in individual
capacity or as a representative of the consumers in general.

Contd procedure to make a complaint in District Forum

2. Every complaint shall be accompanied with such fee payable in such

manner as may be prescribed.

3. The Forum may allow the complaint to be proceeded or rejected as per

subsection (f) of section 12. however an opportunity being heard will be
given before rejection.

4. The admissibility of the complaint ,will normally be decided with in 21

days from the date of receipt of the complaint.

If a complaint is admitted by the District Forum , it shall not be transferred

to any other court or Tribunal.

Procedure on Admission of a complaint

If it relates to any goods, the district forum on admission of the

complaint:--

(a) refer a copy of the admitted complaint to the opposite party mentioned
in the complaint with in 21 days from the date of its admission, directing
him to give his version of the case with in 35 days(may be extended by
District form to another 15 days)

(b) If the opposite party denies the complaint or disputes the allegation or
fail to take any action with in the time given, the District Forum shall
proceed to settle the consumer dispute in the manner specified in clauses
(c) and ( G)

Contd procedure for settlement of Consumer Dispute

( c ) If the complaint alleges a defect in the goods , which can not be

determined without proper analysis or test of the goods , the District
Forum will obtain a sample of the goods and send it to appropriate
Laboratory along with necessary direction to find the defect, and submit a
report of their findings with in 45 days from the receipt of the sample

(d) the necessary fees for laboratory testing has to be deposited by the
complainant(customer ) to the credit of the Forum .

( e ) this amount of fees will be transferred to the concerend laboratory by

the District Forum.

( f ) Objections against to the correctness of the findings,if any, has to be

filed in writing .

(g) the District Forum will give a reasonable hearing to both the parties.

Contd procedure for settlement of Consumer Dispute

Evey complaint shall be heard as expeditiously as possible and all

attempts will be made to decide the complaint with in a period of three
months from the date of receipt of notice by the opposite party provided
the complaint does not require analysis or testing .

If it requires testing or analysis of commodities it has to be settled with in

5 months.

The District Forum , after the proceedings ,if satisfied about the complaint
and allegations and if proved, shall issue an order to the opposite party
directing him to do the necessary actions according to situation.

THE STATE COMMISSION

Any person aggrieved by an order made by the District Forum may refer
an appeal against such order to the State Commission with in a period of
thirty days from the date of the order in the prescribed manner.

Composition of the State Commission

Each State Commission consists of:---

(a) President who is OR has been a judge of High Court, appointed by

the State Government who will be the Chairman.

(b) a member - who will be the Secretary to Law Department of the State.

(c) another member--- secretary in charge of the department of consumer

affairs.

However , not more than fifty percent of the members shall be from
amongst person having a judicial back ground.

The term of office of the members of the State Commission is five years
or up to the age of 65 years , which ever is earlier.

Jurisdiction of the State Commission

State commission can entertain the following complaints:---

(a) where the value of goods or services of the complaint including

compensation exceeds Rs.20 lakhs but does not exceed Rs.one Crore ;
and

(b) appeals against the orders of any District Forum with in the State

( C ) provided , at the time of institution of the complaint , the opposite

party/or parties resides or has his office /or business in the particular
state.

(d) A state Commission can call records and pass appropriate orders in
any consumer dispute which is pending before any District Forum in the
State OR has been wrongly decided by such District Forum

THE NATIONAL COMMISSION

Any person aggrieved by an order made by the state Commission ,may

refer an appeal against such order to THE NATIONAL COMMISSION ,with
in a period of thirty days from the date of the order in the prescribed
manner.

This appeal will be disposed of as expeditiously as possible with in a period

of 90 days from the date of its admission.

Composition Of The NATIONAL COMMISSION

The National Commission Consists of the following members.

(a) Chairman ---- a Judge of the Supreme Court to be nominated by the

Chief Justice of India.

(b) Member ---India

(c ) Member --- Secretary to the Department , Consumer Affairs in the

Government of India

The term of office of the members is five years Or up to 70 years which

ever is earlier.

Secretary in the Department of Legal Affairs , Govt. of

Jurisdiction of the National Commission

The National Commission, as per section 21, has jurisdiction:

(a) to entertain complaints where value the of goods and services and the
compensation,if any exceeds Rupees one crore

(b) to entertain appeals against the orders of any state commission.

( c ) to call for the records and pass appropriate orders in any consumer
dispute which is pending before the State Commission.

(d) or such state commission has acted illegally or with material

irregularity while finalising its report on any consumer dispute.
Limitation period For filing a complaint.

As per the provisions of Section24 A of COPRA, the District Forum or the

state Commission Or the National Commission shall NOT admit any
complaint unless it is filed with in two years from the Date on which ,the
cause of action has arisen.

However, if the complainant satisfies the Forum/Commission that he had

sufficient reason for Not filing the complaint with in two years , the
authorities may entertain after recording and condoning the delay.