CONSUMER PROTECTION ACT, 1986

Is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations enacted for the protection of consumers. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers, trade and industry and extensive discussions within the Government.
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Consumer

Any person who buys any goods for a consideration and user of such goods where the use is with the approval of buyer. Any person who hires/avails of any service for a consideration and any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment.

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Does not include

A person who obtains such goods for re-sale or for any commercial purpose.

Means exclusively livelihood.

for

the

purpose

of

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Question

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Complainant

A consumer Any voluntary consumer association The central or state government One or more consumers, in case of same interest In case of death of a consumer, his legal heir or representative
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Complaint

Unfair trade practices Goods defects Services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any project Excess price charged To life and safety
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Goods

Goods mean any movable property and also include shares, but do not include any actionable claims.

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Service

Any description such as banking, insurance, transport, processing, housing construction, supply of electrical energy, entertainment, board or lodging.

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Not include

Any service free of charge or under a contract of personal services. distinction between contract for service and contract of service.

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Contract of service

Master and servant Doctor and patient?

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Restrictive Trade Practice

Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services.

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Defect
Any fault, imperfection or shortcoming in the quality, quantity, strength, 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.

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Deficiency

Fault in manner of performance Relevant in case of services Insurance sector is relevant

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What are the rights of a consumer?

Right to be protected against the marketing of goods and services which are hazardous to life and property Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices Right to be assured , wherever possible , access to a variety of goods and services at competitive prices. Right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums Right to seek protection against unfair trade practices and exploitation of consumers Right to consumer education.
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Complaint

A complaint, hand written or typed, can be filed by a consumer, a registered consumer organization, Central or State Government and one or more consumers, where there are numerous consumers having the same interest. No stamp or court fee is needed. The nature of complaint must be clearly mentioned as well as the relief sought by the consumer.
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Nature of complaint
Any unfair trade practice or restrictive trade practice adopted ;by the trader b) Defective goods (c) Deficiency in service (d) Excess price charged ;by the trader (e) Unlawful goods sale, which is hazardous to life and safety when used

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How to file a complaint ?

There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. (A stamp paper is also not required). There should be 3 to 5 copies of the complaint on plain paper The complainant or his authorized agent can present the complaint in person.

The complaint can be sent by post to the appropriate Forum / Commission.

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A complaint should contain the following information:(a) the name, description and the address of the complainant (b) the name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained (c) The facts relating to complaint and when and where it arose (d) Documents, if any, in support of the allegations contained in the complaint (e) The relief which the complainant is seeking The complaint should be signed by the complainant or his authorized agent The complaint is to be filed within two years from the date on which cause of action has arisen
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Consumer Courts
A) National Consumer Dispute Redressal Commission: Claims above Rs. 20 lakhs B) Consumer Dispute Redressal Commission or State Commission: Claims from Rs 5 to 20 lakhs. C) Consumer Dispute Redressal Forum or District Forum: Claims upto Rs 5 Lakhs

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Grant of Relief

(a) Repair of defective goods (b) Replacement of defective goods (c) Refund of the price paid for the defective goods or service (d) Removal of deficiency in service (e) Refund of extra money charged (f) Withdrawal of goods hazardous to life and safety (g) Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party (h) Adequate cost of filing and pursuing the complaint

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Unfair trade practice

Misleading advertisement Claiming false affiliation, collaboration Non-fulfilling of warranty/guarantee and not rendering of satisfactory after sale service and warranty claims Bargain sale Not meeting the requirements to prescribed standards
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Misleading advertisement

Acupressure therapy health center

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Claiming false affiliation

150 CC Avanti scooter case

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Non fulfillment of warranty

Electricity typewriter case

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Bargain price

A price that is stated in any advertisement to be bargain price, by reference to an ordinary price or otherwise ,or A price that a person who reads, hears or sees the advertisement would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinary sold.
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Example

Till stock last Drop in for unbelievable bargain in mens , ladies and children wear

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