CONSUMER PROTECTION ACT,1986

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PRESENTED BY:
DEEPIKA PAREEK PRITI POOJARI VANDANA POOJARI JIGYASA PRAJAPATI SMITA SHAHANE Prerna diwivedi
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INTRODUCTION
Everyone is a consumer, the young and old, the rich and poor, workers and idlers. The consumers need protection by law when goods fail to live up to their promises or indeed cause injury.

Consumer remains the centre of gravity of all business and industrial activity.
Consumers play a vital role in the economic system of a nation because in the absence of effective demand that emanates from them, the economy virtually collapses.

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CONSUMER PROTECTION ACT, 1986

The act came into effect first on December 24, 1986 The Consumer Protection Act, 1986 lays down the rights of the consumers and provides there for promotion and protection of the rights of the consumers. The District Forums, The State Consumer Disputes Redressal Commissions and The National Consumer Disputes Redressal Commission are the Redressal agency set up under the act. At present, there are 604 District Forums and 34 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex. The provisions of this Act cover goods as well as services. The Act enshrines the rights of the consumer such as right to safety, right to be informed, right to be heard, and right to choose, right to seek redressal and right to consumer education.

Consumer rights in india

On March 15, 1962, US President John F Kennedy made a historical speech about consumer rights as he introduced The Consumer Bill of Rights in the US Congress. Ever since, consumers all over India (and the world) have celebrated March 15 as the Consumers Day. In the Consumer Protection Act 1986 in India, six of the following consumer rights have been recognized. Right to Safety Right to Information Right to Choose Right to be Heard Right to Redressal Right to Consumer Education

WHO IS A CONSUMER?
Any person who buys or hires any goods or service is a consumer except if he uses such goods or service for commercial purpose. or if the goods/service provided is free of cost, the person shall not be considered a consumer. Two kinds of consumer under the Act: Consumer of goods buys or agrees to buy goods any user of such goods Consumer of services hires or avails any services any beneficiary of such service

CONSUMERISM
Consumerism is all pervading. First may be cited the growth of large corporations, exerting monopoly influences, i.e. setting prices and standards of quality for a particular product. A second factor that has weakened the effectiveness of the consumer in protecting his own interests by rational choice among competing alternatives is the complexity of the products that modern technology has made available.

A third factor that is commonly alleged to have eroded the consumers capacity to choose effectively in his own best interest is his increasing exposure to advertising and to new sales techniques.

CONSUMER RESPONBILITIES
An alert consumer aware of his rights and responsibilities not only can protect himself but can also make consumer sovereignty a reality. The Responsibility, To Beware The Responsibility, To Be Aware

The Responsibility of Thinking Independently

The Responsibility, To Speak Out

The Responsibility, To Complain

The Responsibility, To Be An Ethical Consumer

The Responsibility, To Respect The Environment

PROTECTION OF CONSUMER RIGHTS

Consumer protection means safeguarding the rights and interests of consumers.

1. Illiteracy and Ignorance 2. Unorganized Consumers 3. Spurious Goods 4. Deceptive Advertising 5. Malpractices of Businessmen 6. Freedom of Enterprise 7. Legitimacy for Existence 8. Trusteeship

CONSUMER DISPUTE REDRESSAL AGENCIES

This part of act provides for establishment of consumer disputes redressal forum: District level, known as District Forum State level known as State Commission Central levels known as National Commission It also makes provisions regarding the composition, jurisdiction, procedure to be followed by the District forum, State commission & National commission.

WHAT IS CONSUMER COMPLAINT

Under the Consumer Protection Act, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:1. Any unfair trade practice as defined in the Act. 2. One or more defects in goods. 3. Deficiencies in services. 4. A trader charging excess of price.

JUDRISDICTION
If the cost of goods or services and compensation asked for is up to rupees twenty lakh, then the complaint can be filed in the District Forum If the cost of goods or services and compensation asked for is more than rupees twenty lakh, but less than rupees one crore then the complaint can be filed before the State Commission If the cost of goods or services and compensation asked for exceed rupees one crore then the complaint can be filed before the National Commission at New Delhi

LIMITATION
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 cause of action has arisen.

RELIF AVAILABLE TO CONSUMER

Removal of defects from the goods

Replacement of the goods

Refund of the price paid

Award of compensation for the loss or injury suffered

Removal of defects or deficiencies in the services

Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them
Withdrawal of the hazardous goods from being offered to sale; or Award for adequate costs to parties.

CONTENTS OF CONSUMER COMPLAINT

(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.

CONCLUSION