WHO IS A CONSUMER?

A consumer is a person who buys any goods or

hires any service for valuable consideration (including
deferred payment). The term does not include a person
who obtains goods or services for resale or for any
commercial purpose. However, persons who avail
goods or services exclusively for the purpose of earning
their livelihood by means of self employment are
considered as consumers.
CONSUMER RIGHTS
Rights 1 to 6 are directly guaranteed under the Consumer
Protection Act 1986 while Rights 7&8 are implied under
theConstitution of India.
1. Right to safety
Right to be protected against marketing of goods
serviceswhich are hazardous to life and property.

or

2. Right to information
Right to be informed about the quality, quantity, potency,
purity,standard and price of goods or services as the case may
be, so as to protect the consumer against unfair trade
practices.

3. Right to choose
Right to be assured, wherever possible, access to a variety of
goods and services at competitive prices.
4. Right to be heard
Right to be heard and to be assured that consumers interest
will receive due consideration at appropriate fora.
5. Right to redressal
Right to seek redressal against Unfair Trade Practices or
Restrictive Trade Practices or unscrupulous exploitation of
consumers.
6. Right to consumer education
Right to acquire knowledge and skills needed for taking
action to influence factors which affect consumer decisions.
7. Right to Healthy Environment
The right to physical environment that will enhance the
quality of life. It includes protection against environmental
dangers over which the individual has no control. It
acknowledges the need to protect and
improve the environment for present and future generations.
8. Right to basic needs
Right to basic needs ensures basic goods and services which
guarantee survival. It includes adequate food, clothing,
shelter, health care, education and sanitation to lead a decent
life.

C. RESPONSIBILITIES OF CONSUMERS
1. BEFORE BUYING
Planning in advance
Enquiring past performance of product / service
Enquiring about reputation and past performance of
producer / seller / service provider.
2. WHILE BUYING
Asking for demonstration regarding how to operate / use the
product/service.
Enquiring about after-sales service and ensuring
availability,phone number, address and e.mail of service
center.
Reading and knowing the contents of guarantee / warranty
card.
Insisting for approved sale bill with serial number, address,
phone number, etc.
Obtaining guarantee / warranty card and getting it
signed/sealed by dealer.
3. AFTER BUYING
Using products as per instruction given in user manual
Keeping bills and guarantee card safely
In case of fault inform dealer and service center. Do not
meddle or repair yourself
Keeping record for all correspondences
Seek immediate redressal of deficiency in product

Remember the 3 Rs of a dutiful consumer

Reduce: Consume only what you need if possible reduce
consumption of water,electricity, fuel and other nonrenewables
Reuse: If a product can serve you for a longer period, use
it instead of buying a new one .
Recycle: Dont litter the environment,please recycle
degradable or recyclable materials through scrap dealers.

CONSUMER PROTECTION
The Consumer movement is a socio-economic movement that
seeks to protect the rights of the consumers in relation to the
goods purchased and services availed. Government has
accorded high priority to the programme of consumer
protection. The Department of Consumer Affairs being a
nodal Department in the field of consumer protection has
initiated a number of steps to promote a responsible and
responsive consumer movement in the country. Such
measures include the use of mass media for promoting
consumer
awareness
and
encouraging
consumers'
involvement through Governmental and non-governmental
organizations etc.
The main objectives of the consumer protection programme
are: (i)
To create suitable administrative and legal
mechanisms which would be within the easy reach of
consumers.
(ii)
To involve and motivate various sections of
society such as consumer organisations, women and
youth to participate in the programme.
(iii) To assist, encourage and provide financial assistance
to Governmental and non-governmental organizations
to take up various consumer protection activities; and

THE CONSUMER PROTECTION ACT,

1986
The Consumer Protection Act, 1986 (68 of 1986) is a
milestone in the history of socio-economic legislation in the
country. It is one of the most progressive and comprehensive
pieces of legislation enacted for the protection of consumers.
All the provisions of the Consumer Protection Act. 1986 came
into force with effect from 1.7.1987 throughout the country
except in the State of Jammu & Kashmir. The State of Jammu
& Kashmir has enacted its own legislation in this field.
The Consumer Protection Act, 1986 is a unique piece of
legislation as it provides a separate three-tier quati-judicial
consumer dispute redressal machinery at the national, state
and district level. The Act is intended to provide simple,
speedy and inexpensive redressal of the consumers'
grievances. In terms of the Act, the Central Government first
constituted the Central Consumer Protection Council (CCPC)
on 1.6.1987 and it has been reconstituted from time to time.
The CCPC was last constituted in May, 2003 for three years.
So far, the Council has held 23 meetings. The last meeting
was held on 16.7.2003. The State Govts./UT Administrations
are required to establish the Consumer Protection Councils at
the State level as well as at District levels to strengthen
consumer movement a the grass root level.

IMPORTANT MEASURES TAKEN TO

STRENGTHEN THE CONSUMER FORUMS
Being the nodal Department in the field of consumer
protection, the Department of Consumer Affairs gives a very
high priority for monitoring the functioning of the consumer
forums popularly known as consumer courts. Following are
some of the important steps taken by the Central Government.
1. Department of Consumer Affairs is periodically taking
up with the State Govts. and UT Administrations, at the
level of Chief Ministers, Minister in-charge of Consumer
Affairs/Chief Secretaries/Secretaries dealing with
Consumer Affairs, the question of strengthening the
functioning of the consumer courts by providing
adequate infrastructure and to fill up the vacancies of
Presidents/Members on time. Review meetings with
States/UTs along with the Registrars of the National &
State Commissions were taken in batches during AugustSeptember, 2003.
2. Functioning of the consumer courts was reviewed in the
last meetings of the Central Consumer Protection
Council held on 24.3.2003 and 16.7.2003 chaired by the
Minister.
3. Consequent upon the last National Development Council
(NDC) meeting, Planning Commission has identified and
included Consumer Awareness and Redressal and
Enforcement of Consumer Protection Act, 1986 as one
of the items of priority agenda for action, among others,
for the year 2003-2004 and asked the Department to
prepare a National Action Plan for the same.

4.

Parliamentary Standing Committee on Food, Civil

Supplies and Public Distribution in its 22 nd Report also
reviewed the functioning of consume forums and
expressed concern over the disposal of cases. The
extracts of report have been forwarded to States/UTs for
taking suitable actions at their end. Standing Committee
also recommended that unless more funds are allocated
by the Planning Commission to the Ministry, it will not
be able to tackle the gigantic task of creating awareness
among the consumers in the country. This was brought
to the notice of Planning Commission where the
Department approached them for more funds as stated
above.

5. The Consumer Protection Act, 1986 was amended in the

years 1991 and 1993 and subsequently amendments were
made in the Consumer Protection Rules, 1987. Further,
to make the Act more effective, functional, purposeful
and particularly to facilitate quicker disposal of
complaints by the consumer Forums, the Act has again
been amended in 2002.
6. Five meetings were held with the President / Members of
the National Commission and the Presidents of the State
Commissions along with the Secretaries, State Govts. to
discuss their problems, review the working of the
consumer forums and the utilization of the one time
financial assistance released for strengthening the
infrastructure of consumer courts in their respective
States/UTs. The last meeting took place in Delhi on15-16
March, 2003.

7. Department of Consumer Affairs has been arranging

training for non-judicial Members of the consumer courts
at the Indian Institute of Public Administration, New
Delhi. 939 members have been trained so far in 39
training programmes. In addition first course for the
Presidents of the District Forums was also conducted
during the year in which 28 participated.
8. The Central Government, with the approval of Planning
Commission, provided as a one time financial assistance
of Rs.61.80 crores in four installments in the year 1995
to 1999 to the States/UTs to supplement their efforts for
strengthening the infrastructure and other facilities of
consumer forums.
9. Periodical reports on the functioning of consumer courts,
pendency position, the progress on filling of vacancies
and utilization of one time assistance scheme are being
obtained to review the overall position of the functioning
of the consumer courts and to take it up with the States
for appropriate action.The senior officers also reviewed
working of the consumer courts during their visits to
States/UTs. Similarly, the President, National
Commission also visits a number of State/UTs to monitor
and discuss functioning of consumer forums in
States/UTs.

TRAINING PROGRAMMES

 To educate consumer organisations and other sections of

society, the Department has conducted training
programmes in the field of consumer protection. The
training programmes is being conducted for non- judicial
members and Presidents of the State Commissions /
District Forums. During 2003-2004, seven training
courses for non-judicial members and one for Presidents
of consumer forums are scheduled. So far, 40 training
programmes for non-judicial members have been
conducted in which 960 members have been trained. In
addition during the year, first time a course for the
Presidents of consumer forums was conducted and 28
Presidents participated.
To improve the training above training program this year
onward the work relating to assessing the requirements,
selection of participants and course content was entrusted
to National Commission. These programmes are being
conducted in collaboration with Indian Institute of Public
Administration (IIPA), New Delhi.

SWAMI VIVEKANANDA NATIONAL AWARDS ON

CONSUMER PROTECTION
To encourage voluntary consumer organisations,
particularly women organisations and those functioning
in rural, tribal and backward areas, ' Swami Vivekananda
National Award for Consumer Protection' has been
instituted. The Award comprises first, second and third
prize of Rs. 50,000/-, Rs. 40,000/- and Rs. 30,000/respectively along with the certificates of merit.
To involve the youth of this country in promoting a
strong consumer movement particularly at grass root
level, the Department has instituted a 'Swami
Vivekananda National Youth Award for Consumer
Protection'. Youth in the age group of 15-35 years, who
have done outstanding work in the field of consumer
protection, are eligible for the, Award. The Award
comprises three prizes of Rs. 20,000/-, Rs. 15,000/- and
Rs. 10,000/- along with certificates of merit. Similarly, a
Swami Vivekananda National Award for Women has
been instituted to recognise women who have done
outstanding work in the field of consumer protection.
The Award comprises three prizes of Rs. 20,000/- Rs.
15,000/- and Rs. 10,000/- alongwith certificates of merit.
The National Award was named after Swami
Vivekananda since 1998. The Swami Vivekananda
National Awards for the year 2001 were distributed in the
Central Consumer protection Council (CCPC) meeting
held in March, 2003.

PUBLICITY MEASURES
The success of consumer movement mainly depends
upon the level of consumer awareness generated in the
country by educating the consumers about their rights
and responsibilities coupled with effective functioning of
the consumer forums throughout the country where the
consumers can ultimately assert their rights in seeking
redressal. Where the literacy rate is high and social
awareness is greater, the consumers cannot be easily
exploited. Within India, the level of consumer awareness
varies from State to State depending upon the level of
literacy and the social awareness of the people.
1.
Jago Grahak Jago weekly radio programme- Radio
being the cheapest and having widest reach, a 15 minutes
weekly programme Jago Grahak Jago is being broadcast
through 110 stations of All India Radio in 22 regional
languages. To make the programme popular a prize of Rs.
500/- per programme in every language is given. Now the
frequency of this programme is being increased and one
additional programme has been started from 14th December,
2003. The episodes for second broadcast are to be made
mainly on the welfare schemes and activities for the benefit
of consumers at large.
2.

Video Programmes Grahak Dost: A 12 episode

video programme namely, Grahak Dost of 30 minutes
each, was produced by the Department in Hindi
language which was telecast on Doordarshan from time
to time being popular. This programme was further
produced and telecast in 7 other regional languages.
Now it is further being produced in 5 more languages so

that it could spread the message of consumer awareness

particularly in rural areas. It has also been decided by the
Department to provide copies of all these programmes
to the Field Publicity Units of Ministry of Information
and Broadcasting for creating awareness particularly in
rural areas.
3.

4.

Video Programme Jago Grahak

Jago: Department has selected 12 more topics for
preparing video programmes each of 30 minutes
duration, namely, Jago Grahak Jago in Hindi during
the year for telecast on Doordarshan and also to provide
copies to Field Publicity Units of Ministry of
Information and Broadcasting.

Video programmes for schools: Department also

prepared 4 video programmes in Hindi each of 30
minutes duration specially targeting primary, upperprimary and secondary level students of schools during
the year. The programmes will be made available in CD
to schools, consumer clubs in the schools, State
Governments and others concerned to make the students
involved in the consumer movement.
5.
Quarterly Magazine Upbhokta JagaranDepartment is bringing out a bilingual quarterly
magazine which is sent free of cost to voluntary
consumer organizations, State & Central Govt.
Ministries/Departments, libraries, Central Consumer
Protection Council (CCPC) members and other
concerned to disseminate consumer related information.

6.

Booklet on welfare schemes of the Ministry:

Department is bringing out a booklet on welfare schemes
of the Ministry in Hindi and English language which is
being forwarded up to block level for giving wide
publicity to the schemes of the Ministry so as to enable
the people to take advantage of the schemes.

7.

Newspaper advertisements being brought out on the

occasion of National Consumer Day on 24 thDecember
and World Consumer Rights Day on 15 thMarch and also
to observe these days involving all concerned.
Department is also considering to issue regular
advertisements for creating awareness among the
consumers during Dec. 2003- March, 2004, i.e.,
between National Consumer Day and World
Consumer Rights Day

Amendment of Consumer Protection Act, 1986

5.13 The Act was amended in the year 1991 and 1993 to
make it more effective and purposeful. Still, the delay in
disposal of cases by the redressal agencies at the district, State
and National level has been the cause of major concern.
Therefore, the Govt. has amended the Act comprehensively
in 2002 through the Consumer Protection (Amendment) Act,
2002 (62 of 2002) which was brought into force from
15.3.2003.The provisions of the Act mainly aimed at
facilitating quicker disposal of complaints, enhancing the
capability of redressal agencies, strengthening them with more
powers.

THE HIGHLIGHTS OF IMPORTANT AMENDMENTS

MADE IN 2002:
A. FACILITATING QUICKER DISPOSAL OF
COMPLAINTS
1)

Creation of Benches and appointment of additional

members in the National Commission and State
Commission.

2)

Holding of Circuit Courts by State/National

Commission.

3)

Provision for senior most Members to preside the

Consumer Forums in the absence of President for any
reason.

4)

Time frame prescribed for admission of complaints,

issue of notices and disposal of complaints.

5)
6)

Time frame prescribed for disposal of appeals.

Where the complaint/ appeal could not be disposed

within the time period, reasons for the same should be
recorded.
7) Ordinarily no adjournment to be given. Adjournments
only when it is justified.
8) Once complaint admitted shall not be transferred to
any other Court/Tribunal.
9) Provision for service of notices by courier, fax, speed
post etc.
10) Pecuniary jurisdiction for District Forum substantially
revised from Rs.5 lakhs to Rs.20 lakhs, for State
Commission above Rs.20 lakhs to Rs.1 crore and for

National Commission from above Rs.20 lakhs to above

Rs.1 crore.
11) Services utilized for commercial purposes excluded
from the purview of - Consumer Courts. (Goods already
excluded).
12) Provision for issue of interim orders during the
pendency of the case.
13) Provision to continue the proceeding from the stage
where the previous Member instead of starting a
de novo proceeding last heard the case.
14) Resignation of the President/Member to become
effective only on acceptance, thereby continuity of the
function of the court is not affected.
15) Sitting Judge of the High Court to preside the Selection
Committee for selection of Members of State
Commission and President & Members of District
Forums, when State Commission President is absent for
any reason.
(B) Making Consumer Courts more capable
1.
Minimum Qualification prescribed for members
(graduate, minimum 35 years of age, minimum 10 years
in relevant field).
2.
Disqualification also prescribed (conviction for
offence involving moral turpitude, insolvency, etc.)
3.
Provision for reappointment of Presidents &
Members of forums / Commissions.
(C) Widening the Scope of Act
1.
Sale of spurious goods/services included in unfair
trade practice.

2.
Concept of unsafe goods widened. Also extended to
services.
3.
Complaint can also be made against service provider
indulging in unfair/ restrictive trade practice.
(D) Strengthening Consumer Courts
1. Consumer Courts to have cowers of First Class Judicial
Magistrate to punish those not obeying order of court.
This will remove any scope for challenging the
constitutional validity of power of consumer courts to
impose penalty of imprisonment.
2. Compensation amount ordered by court can be recovered
through certificate case as arrears of land revenue.
3. Consumer courts can issue interim orders (complainant
can get immediate relief in deserving cases).
(E) Streamlining procedure
1.
Legal
heir
can
be
substituted
complainant/Opposite Party dies.
2.
Minimum amount to be deposited before appeal.

if

(F) Strengthening consumer movement

To establish a consumer protection council at district
level and also make it as necessary requirement for the
Government to establish District, State, Central level
Councils. Besides, to enable nomination of upto 10 official or
non-official members to the State Councils by the Central
Government. The amendments expected to strengthen
consumer movement at grass root level.

SUMMARY OF IMPORTANT ACTIVITIES ON

CONSUMER PROTECTION DURING 2003-2004:

The Consumer Protection (Amendment) Act, 2002 was

brought into force w.e.f. 15 March, 2003.
The World Consumer Rights Day was celebrated on 15th
March 2003 and National Consumer Day on 24th
December, 2003 in a befitting manner involving all
concerned.
Multimedia publicity programmes were undertaken to
generate consumer awareness.
Central Consumer Protection Council (CCPC) held two
meetings on 24.3.2003 and 16.7.2003.
Out of eight scheduled training programmes for the
Members/Presidents of consumer forums till Nov., 2003,
three (38th 40th ) programmes for Members and one (1 st)
programme for Presidents were conducted through IIPA,
New Delhi during 2003-2004.
Stone-laying ceremony for the building of National
Commission at INA Complex, New Delhi was laid by
Mr. Justice V.N. Khare, Chief Justice of India on
15th March, 2003.A post of Joint Registrar, with five
supporting staff were created in January, 2003 in the
National Commission for meeting the requirements of
section 24B of the Consumer Protection Act, 1986.
Thereafter, on SIU study report of the Ministry of
Finance 18 posts were created in October, 2003 for the
Commission including 6 posts for its additional bench.

Mr. Justice M.B.Shah retired judge of Supreme Court

was appointed as the President of National Commission
in October, 2003.
Mr. Justice S.N. Kapoor retired judge of Delhi High
Court was appointed as whole time member of National
Commission in October, 2003.
An additional office space of about 500 square feets
were provided to National Commission in August,
2003.
Additional Bench was set up in National Commission
on 24 September, 2003 in view of the space provided by
the Deptt. of Urban Development.
As per the reports made available up to Sep. 03 by the
National Commission, the total number of cases filed and
disposed of in the National Commission, State
Commissions and District Forums since inception are
given below.

Redressal Agency Cases filed

Cases disposed
Cases pending
National
31,275
23,510(75%)7,765
Commission
State
3,16,374
2,09,314(66%)1,07,060
Commissions
District Forums
18,17,861
15,72,641(87%)2,45,220
Total:
21,65,510
18,05,465(83%)3,60,045

Consequent upon the last National Development Council(NDC)

meeting, Planning Commission has identified and included
Consumer Awareness and Redressal and Enforcement of Consumer
Protection Act, 1986 as one of the items of priority agenda for
action, among others, for the year 2003-2004 asking the
Department to prepare a National Action Plan

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AMITY UNIVERSITY
Social awareness PROJECT
ON

CONSUMER
PROTECTION
SESSION 2010-13

SUBMITTED BYINCHARGE ANUJA SINHA

MAM
AYUSHI SINGH
RANA JAIN
SANA A.A KHAN

FACULTY
AZRA