Objective Key

terminology Central consumer protection council State consumer protection council Consumer disputes redressal agencies Consumer disputes redressal forum

 Consumer

disputes redressed commission (the state commission) National consumer disputes redressal commission miscellaneous

Appropriate laboratory Complainant Complaint Consumer Consumer dispute Defect Deficiency

Consumer is a person who buys any goods, hires or avails any service for a consideration which has been paid or promised or partly paid and partly promised. And it also includes any user of such goods or services other than the person who buys or hires, avails such goods or services but the use of such goods must be made with the approval of the buyer

A person who avails any goods or services for free of cost is not a consumer It includes a person who obtain goods for resale or for any commercial purpose ( activity for making profit)

And includes a person who avails services for any commercial purpose

Every kind of movable property includes stocks and shares, growing crops, grass and things attached to or forming part of land which are agreed to be served before sale or under the contract of sale are called goods But the actionable claims and money does not cum under goods.

One or more consumers, any voluntary consumer association registered under the companies act, 1956 or under any law and central or state government who makes a complaint or files a formal charge, as in a court of law In case of death of a consumer, his legal heir or representative can continue the case

Any allegation in writing made by a complainant that An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider The goods bought by him or agreed to be bought by him suffer from one or more defects

 The services hired, availed or to be hired, availed of by him suffer from deficiency in any respect 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 Goods which will be hazardous to life and safety when used, are being-offered for sale to the public

Consumer dispute:- where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint Defect:means fault, imperfection or shortcoming in quality, Purity or standard etc. which is to be maintained as per law or contract implied or expressed

A laboratory or organization recognized by a central or state government subjected to guidelines as may be prescribed or established under any law which are maintained, financed or aided by the central or state govt. for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect.

District forum Goods Manufacturer National commission Person Restrictive trade practice Service Spurious goods and service

State commission Trader Unfair trade practice

Protection of interests of consumers

Protection of rights of consumers [11,12,13] Quasi-judicial machinery

The central council shall consist 150 members representing as follows The chairman of the council will be the minister of the consumer affairs in the central government 8 members of parliament, 5 from lok sabha and 3 from rajya sabha The commissioner for scheduled castes and tribes

Representatives of central Gov departments, autonomous organizations concerned with consumer interests, not exceeding 20 Representatives of the consumer organizations or consumers not less than 35 representatives of women not less than 10 Representatives of farmers, trade and industries not exceeding 20 Persons capable of representing consumer interests not specified above- not exceeding 15

The central council shall meet as and when necessary. At least one meeting shall be held every year The chairman decides the place and time of the meeting to be held

The objectives of the Central Council is to promote and protect the rights of the consumers such as
The

right to be protected against the marketing of goods and services which are hazardous to life and property.

 The

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. right to be assured, wherever possible, access to a variety of goods and services at competitive prices

The

 The

right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers

the

The

right to consumer education

The state council shall consist members representing as follows The Minister in charge of consumer affairs in the State Government who shall be its Chairman. Number of other official or non-official members representing such interests as may be 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. And The chairman decides the place and time of the meeting to be held The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down

State Gov. shall establish for every district a council to be known as DCPC The DCPC shall consist of the following members as follows The collector of the district will be appointed as the chairman of the council And other members either official and nonofficials will appointed by the state Govt.

The district council shall meet as and when necessary but not less than 2 meetings shall be held every year The council shall meet at the time and place as the chairman think fit The objective of every district council is to protect and promote with in the district the rights of the consumers

Establishment of consumer disputes redressal agencies: consumer

disputes redressal forum is know as the district forum and is established by the state Gov and it may even establish more than one district forum in a district

consumer disputes redressal commission is known as the state commission established by the state Gov.

national consumer disputes redressal commission is know as the national forum established by the central Gov.

The district forum: Composition Appointment on the recommendation of selection committee Term of office Resignation Salary and terms of condition of service

A person who is, or has been , or is qualified to be district judge, who shall be its president 2 other members, one of whom shall be a women, who shall have the following qualifications, namely, Be not less than 35 years of age Possess a bachelors degree from a recognized university have least 10 yrs of experience dealing related problems

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. A complaint shall be instituted in a District Forum within the local limits of jurisdiction

the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain.

Complaint alleges a defect in the goods: Denial of allegations by opposite party Reference of sample to laboratory Deposit of fees Remission of fees to laboratory and forwarding of report to opposite party

 Objections

by any of the party Reasonable opportunity to parties of being heard and issue of order Complaint relating to services: Reference of claim to opposite party Denial of allegation by the opposite party Settlement of dispute

Proceeding of the district forum final Death of a complainant period Powers of the district forum Findings of the district forum appeal

State commission: Composition Appointment on the recommendation of selection committee Term of office Resignation

complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore appeals against the orders of any District Forum within the State

To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity

Transfer of cases Circuit benches Procedure Appeal Hearing of appeal

Composition Appointment on the recommendation of selection committee Term of office Resignation Place of the national commission

complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore is taken up by the national commission appeals against the orders of any State Commission

To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

Appeal Finality of orders Enforcement of orders of the district forum, the state commission or the national commission Dismissal of frivolous or vexatious complaints

Protection of action taken in good faith Power to remove difficulties Power to make rules Laying of rules before parliament Before the state legislature

Thank you