CONSUMER

PROTECTION
ACT
 THE CONSUMER
PROTECTION ACT-1986
 Historical Perspectives
 Objectives
 Rights of Consumers
 Definitions
 Complainant
 Complaint
 Consumer
 Consumer dispute
 Defect
 Deficiency
 Goods
 Unfair trade practice
 Consumer Protection Council
 Central Consumer protection council
 State consumer protection council
 District consumer protection council
 Consumer Dispute redressal Agencies
 Disctrict Forum
 State Commision
 National commisiion
Historic Perspectives
1)Indian Contract Act, 1872
2) Sale of Goods Act, 1930
3) Standards of Weights and Measures Act 1976
4) Monopolies and Restrictive Trade Practices Act, 1969
5) Food Adulteration Act, 1954
Objectives
1. To promote and protect the rights of consumers
2. To be established Consumer Protection Council at
the Central and State level
3. To provide speedy and simple redressal to consumer
disputes by establishing consumer courts
4. This Act may be called the Consumer Protection Act,
1986. It extends to the whole of India except the State
of Jammu and Kashmir
Right of Consumers
(a) The right to be protected against marketing of goods
which are hazardous to life and property;
(b) The right to be informed about the quality, quantity,
potency, purity, standard and price of goods to protect the
consumer against unfair trade practices;
(c) The right to be assured, wherever possible, access to an
authority of goods at competitive prices;
(d) The right to be heard and to be assured that consumers
interests will receive due consideration at appropriate
forums;
(e) The right to seek redressal against unfair trade practices
or unscrupulous exploitation of consumers; and
(f) The right to consumer education.
Definitions
1) "complainant" means-
(i) A consumer
(ii) Any voluntary consumer association registered under
the Companies Act,1956 or under any other law for the
time being in force
(iii) The Central Government or any State Government; .
(iv) One or more consumers, where there are numerous
consumers having the same interest
(v) In case of death of a consumer, his legal heir or
representative who or which makes a complaint;
"complaint" means any allegation in writing made by a
complainant that-
(i) 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 defects;
(iii)The services hired or availed of or agreed to be hired or
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 for the services mentioned in the
complaint, a price in excess of the price fixed or displayed
 "consumer" means any person who-
(i) buys any goods for a consideration which has been paid or
promised or;
(ii) partly paid and partly promised, or
(iii) under any system of deferred payment and includes any
user of such goods other than the person who buys such
goods for consideration paid or
(iv) promised or partly paid or partly promised, or under any
system of deferred payment when such use is made with
the approval of such person, but does not include a person
who obtains such goods for resale or for any commercial
purpose
v. any services for a consideration which has been paid
or
vi. promised or partly paid and partly promised, or
vii. under any system of deferred payment and includes
any beneficiary of such services other than the person
who hires or avails of the services for consideration
paid or promised, or
viii. partly paid and partly promised, or under any system
of deferred payment,
"consumer dispute" means a dispute where the person
against whom a complaint has been made, denies or
disputes the allegations contained in the complaint
"defect" means any fault, imperfection or shortcoming in
the quality, quantity, potency, purity or standard which
is required to be maintained by or under any law for
the time being in force or under any contract, express
or implied or as is claimed by the trader in any manner
whatsoever in relation to any goods;
 "deficiency" means any fault, imperfection,
shortcoming or inadequacy 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 undertaken to be performed by a
person in pursuance of a contract or otherwise in
relation to any service
"goods" means goods as defined in the Sale of Goods
Act, 1930
 "unfair trade practice" means a trade practice which,
for the purpose of promoting the sale, use or supply of
any goods or for the provision of any service, adopts
any unfair method or unfair or deceptive practice
including any of the following practices, namely;-
(1) the practice of making any statement, whether orally or
in writing or by visible representation which,-
(i) falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or model;
(ii) falsely represents that the services are of a particular
standard, quality or grade;
iii)falsely represents any re-built, second-hand, renovated,
reconditioned or old goods as new goods;
(iv) represents that the goods or services have
sponsorship, approval, performance, characteristics,
accessories, uses or benefits which such goods or
services do not have;
(v) represents that the seller or the supplier has a
sponsorship or approval or affiliation which such seller
or supplier does not have;
(vi)makes a false or misleading representation concerning
the need for, or the usefulness of, any goods or services;
 (vii) gives to the public any warranty or guarantee of the
performance, efficacy or length of life of a product or of
any goods that is not based on an adequate or proper
test thereof
(2) permits the publication of any advertisement whether
in any newspaper or otherwise, for the sale or supply at
a bargain price, of goods or services that are not
intended to be offered for sale or supply at the bargain
price
(3) permits-
the offering of gifts, prizes or other items with the
intention of not providing them as offered or creating
impression that something is being given or offered free
of charge when it is fully or partly covered by the amount
charged ,in the transaction as a whole
(4) permits the sale or supply of goods intended to be used, or
are of a kind likely to be used, by consumers, knowing or
having reason to believe that the goods do not comply with
the standards prescribed by competent authority relating
to performance, composition, contents, design,
constructions, finishing or packaging as are necessary to
prevent or reduce the risk of injury to the person using the
goods
(5) permits the hoarding or destruction of goods, or
refuses to sell the goods or to make them available for
sale or to provide any service, if such hoarding or
destruction or refusal raises or tends to raise or is
intended to raise, the cost of those or other similar
goods or services.
(6) Manufacture of spurious goods or offering such
goods for sale or adopting deceptive practices in the
provision of services
Councils and Redressal
Consumer Protection Council
The Central Consumer Protection Council
consist of the following members
1) Minister in charge of the consumer affairs shall be
the chairman
2) such number of other official or non-official
members
 Central Council shall conduct meeting at least once in
an year. The objective of the Central Council shall be
to promote and protect the rights of the consumers
The State Consumer Protection Councils
consist of the following members
 Minister in charge of consumer affairs in the State
Government who shall be its Chairman
 such number of other official or non-official members
prescribed by the State Government
 such number of other official or non-official members, not
exceeding ten, as may be nominated by the Central
Government
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
consist of the following members
1) Collector of the district (by whatever name called),
who shall be its Chairman
 such number of other official and non-official
members representing such interests as may be
prescribed by the State Government.
 District Council shall meet as and when necessary but
not less than two meetings shall be held every year
CONSUMER DISPUTES REDRESSAL
AGENCIES
following agencies are established by government for
consumer dispute redressal process.
1) District Forum
2) State Commission
3) National Consumer Disputes Redressal Commission
Composition of the District Forum
1)a person who is, or has been, or is qualified to be a District
Judge, who shall be its President
2)two other members, one of whom shall be a woman, who
shall have the following qualifications, namely :-
(i) be not less than thirty-five years of age,
(ii) possess a bachelor’s degree from a recognized university,
(iii) be persons of ability, integrity and standing, and have
adequate problems relating to economics, law, commerce,
accountancy, industry public affairs or administration.
 Every member of the District Forum shall hold office
for a term of five years or up to the age of 65 years,
whichever is earlier.
 Jurisdiction of the District Forum.--( I) Subject to
the other provisions of this Act, the District Forum
shall have jurisdiction to entertain complaints where the
value of the goods or services and the compensation, if any,
claimed does not exceed rupees twenty lakhs.
Manner in which complaint shall be made
A complaint in may be filed with a District Forum by-
(a) the consumer
(b) any recognised consumer association
(c) one or more consumers
(d) Central or the State Government
The complaint should be given with required amount of
fee. Once the compliant is received it should proceed
with it with in 21 days .
District forum will sent a copy of complaint to the
counter parties. If the counter party is not taking
appropriate action with in 30 days forum will proceed
the action. If opposition reply by denying the
complaint forum will fix date to hear from both the
parties and will take decision after hearing both
parties.
Finding of the District Forum
District forum will have following decisions:
(a) to remove the defect pointed but by the appropriate
laboratory from the goods in question;
(b) to replace the goods with new goods of similar
description which shall be free from any defect;
(c) to return to the complainant the price, or, as the case
may be, the charges paid by the complainant;
(d) 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
e)to remove the defects in goods or deficiencies in the
services
(f) to discontinue the unfair trade practice
(g) to withdraw the hazardous goods from being offered
for sale;
(h)to cease manufacture of hazardous goods and to
desist from offering services which are hazardous in
nature
(i) to provide for adequate costs to parties
 Appeal.-Any person aggrieved by an order made by
the District Forum may prefer an appeal against such
order to the State Commission within a period of
thirty days from the date of the order, in such form and
manner as may be prescribed.
Composition of the State
Commission
State Commission shall consist of-
(a) a person who is or has been a Judge of a High Court,
appointed by the State Government, who shall be its
President:
(b) not less than two, and not more than such number
of members, as may be prescribed, and one of who
shall be a woman.
Jurisdiction of the State Commission
 (i) complaints where the value of the goods or services
and compensation, if any, claimed exceeds rupees
exceeds rupees twenty lakhs but does not exceed
rupees one crore
 (ii) appeals against the orders of any District Forum
within the State.
 Appeals.--Any person aggrieved by an order made by
the State Commission in exercise of its powers
conferred by sub-clause (i) of clause (a) of section 17
may prefer an appeal against such order to the
National Commission within a period of thirty days
from the date of the order in such form and manner as
may be prescribed.
 National Commission
(a) a person who is or has been a Judge of the Supreme Court,
to be appointed by the Central Government, who shall be
its President; -
(b) not less than four, and not more than such number of
members, as may be prescribed, and one of whom shall be
a woman.
Jurisdiction of the National Commission
(i) complaints where the value of the goods or services and
compensation, if any(i) complaints where the value of
the goods or services and compensation, if any exceed
one crore
(ii) (ii) appeals against the orders of any State Commission
Appeal.-Any person, aggrieved by an order made by the
National Commission in exercise of its powers may
prefer an appeal against such order of the Supreme
Court within a period of thirty days from the date of
the order:
Limitation period. 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
 Kanta Bhakta, Mumbai V/s A Jeweller in Dadar, Mumbai
 On March 18, 2011, Kanta Bhakta purchased a pair of bangles and a single
bangle from a jeweller in Dadar. They were declared to be of 22 carat
gold purity and accordingly she was charged for gold of 22 carat purity
plus an additional amount as making charges. After the purchase, the
bangles were kept in her locker. Both during Diwali 2010 and at the
marriage of a relative, her daughter used the bangles. By coincidence,
the complainant came across the X-ray gold testing facility of Tanishq
Jewellers who were offering to check the purity of gold through an X-ray
test which was non-destructive. Out of sheer curiosity, she had the
bangles tested and to her utter disbelief, found out that they were of less
than 17 carat purity and not 22 carat, as had been represented at the time
of the sale. Shaken by this discovery, she immediately visited the jeweller
from whom she had bought the bangles along with the cash memo. He
refused to accept her claim and her efforts to reason with him were in
vain. So she came to the CFBP who, with the help of its Legal Cell,
drafted a complaint for her to file in the Consumer Court. A notice was
sent to the jeweller giving him a last chance to settle the matter before
the Consumer Court was moved.
 "The jeweller rushed to settle the matter with me and the complaint was
resolved to my satisfaction."
-Kanta Bhakta
 Mohan Lalvani, Mumbai V/s Skoda Auto India Pvt. Ltd., Aurangabad
 Mohan Lalvani purchased a Skoda Superb during December 2009. He
was not happy with its performance and the car also had frequent
problems. A few months later, after slowing down to 5-10 km/hr and
then re-accelerating, he found that there was a major vibration before
the car touched 20-30 km/hr. The Skoda Auto service executives failed
to detect the cause of this vibration and resolve the issue. Hence, he
turned to the CFBP in March 2011.
 "As per the dealership feedback, the vehicle is performing to standard
without any vibration when accelerating. The vehicle was reported to
the dealership on May 13, 2011 for the second free service and, as per the
job order, there is no complaint of vehicle vibration recorded. The
necessary work was completed accordingly and the Service Manager has
conducted a joint test drive with the vehicle's professional driver and it
was found that it was performing normally without any concern so it
was delivered to his satisfaction."
- Srinivas Sudhir & Nitin Dixit, Executives - After Sales, Skoda
Auto India
 MR. K. JINARAJAN VS HDFC BANK
 Mr. K. Jinarajan, of Thirukunnapuzha of Kerala lodged a complaint
with CFBP against HDFC Bank Borivali(W) Branch regarding wrongful
debit of Rs. 20,000/- from his Kottayam Branch of HDFC Bank for the
loan obtained through Mumbai branch under different A/c. The matter
was taken up with HDFC Mumbai as well as with Kottayam Branch on
13th Nov 2009 and the same was resolved to the satisfaction of Mr. K
Jinarajan. Mr. Jinarajan in his letter to CFBP stated – “ Reference
copy of your letter no. 61/3152/09 dated 13th Nov 2009 addressed to
HDFC Bank, Mumbai 400 092, in connection with the above. Since the
matter has been settled by HDFC, you are requested to kindly close the
chapter at your end also. In the mean time I wish to thank you for your
timely intervention for an early settlement of the case.”