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

Contd.RIGHTS of Consumers as
recognized by COPRA 1986.
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

Contd..Definitions of terms under

COPRA
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 ---- Secretary in the Department
of Legal Affairs , Govt. of 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.

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.