Consumer protection law

1. Arghya Kamal Khan (11)2. Ateesha Bagaria (17)3. Indrani Banerjee (29)4. Jagjeet Singh (35)

5. Keshav Sharma (39)6. Samrat Bhadra (60)7. Shirshendu Laha (63)8. Sk. Sadek Ali (67)

Presented By:- Group -8 STH-3 July’13 Batch

9, Hare Street, Kolkata

ORIGIN

•The Consumer Protection Act, 1986 was enacted to meet the long felt necessity of protecting the consumers from getting cheated by unscrupulous suppliers of goods & services. •The CPA attempts to provide an inexpensive, simpler, & quicker access to redressal of consumer grievances.•The CPA extends to the whole of India except the State of Jammu & Kashmir•There is no need to engage a lawyer to present the case.•There is a time limit for the disposal of the case.

WHO IS A CONSUMER?

Any person who buys goods or avails services for consideration.

Consideration may be fully paid, partially paid or fully promised to be

paid or partially promised to be paid.

Any body who uses the goods or services with the consent of the

consumer .

Legal heir of consumer in case death of consumer.

Does not include any person who buys goods for resale or commercial

purpose and services for commercial purpose.

However any person who buys goods for commercial use but exclusively

for his livelihood by means of self employment is a consumer.

EXAMPLE OF CONSUMER

RIGHTS OF CONSUMERS

1. Right to Safety2. Right to be Informed3. Right to Choose4. Right to be Heard5. Right to Redress6. Right to Consumer Education7. Right to an Healthy Environment

CONSUMER RESPONSIBILITIES

Be quality conscious and thoroughly examine the product

before purchasing it.

Check the quality mark i.e. AGMARK, ISI, BIS, etc.

Ask for a Guarantee card if there is one.

Insist on a cash memo which is required as proof of purchase

in case of a complaint.

Read information provided on the packet.

CONSUMER NEED PROTECTION AGAINST

•Defects

•Deficiency

•Unfair Trade Practice

•Restricted Trade Practice

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WHAT IS A DEFECT ?Fault Imperfection Shortcoming

In the Quality Quantity Potency Purity Standards

Which is required to be maintained by or under any law for the time being in force

WHAT IS A DEFICIENCY ?Fault Imperfection Shortcoming Inadequacy

In the Quality Standard and Manner of performance

Which is required to be maintained by or under any law for the time being in force

UNFAIR TRADE PRACTICE

Adopting unfair methods or deception to promote sale, use or supply of goods or services e.g.Misleading public about price (e.g. bargain price when it is not so).Falsely claiming a sponsorship, approval or affiliation.Offering Paid free gifts.Hoarding.Not providing after sale service.

RESTRICTED TRADE PRACTICE

Price fixing or output restraint , to impose unjustified costs/restrictions on consumers.

Collusive tendering, depriving consumers of free choice, fair competition.

Supplying only to particular distributors or on condition of sale only within a territory.

Delaying in supplying goods/services leading to rise in price. Requiring a consumer to buy/hire any goods or services as a pre-

condition for buying/hiring other goods or services.

EXAMPLES OF RESTRICTED TRADE PRACTICE

I had payed a certain amount for a electrical equipment, which the shop owner was to deliver to me in 7 days. But the delivery took 15 days and now the shop owner is asking for more money, as the cost of the product has increased. Here the shop owner has purposely made the delay in delivery, so as to charge a higher price.

A mobile service provider keeps a condition that a customer who buys a new sim-card has to make the 1st recharge with Rs. 150. thus, the customer is bound under RTP.

A furniture dealer offers to sell a sofa at Rs. 20000 & Double bed at Rs. 15000. he has an offer that whoever will buy both the items will be charged only Rs. 30000. here the choice is open to the customer to buy the items single or composite . This is not a restrictive trade practice.

COMPLAINT

Complaint is an allegation made in writing to the National Commission, the State

Commission or the District Commission, by a Person competent to file it, with the view to

obtaining relief provided the act.

WHO CAN FILE A COMPLAINT?

“Complainant” means–

I. a consumer; or II. any voluntary consumer association registered under the

Companies Act or under any other law for the time being in force; III. the Central Government or any State Government, who or which

makes a complaint; 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;VI. User of Goods & Beneficiary of services;VII. Husband of the Consumer;VIII. Insurance Company.

PROCEDURE AFTER COMPLAINT

File a complaint . Proper authority will send notice to the opposite

party within 30 days. Opposite party has to reply within 30 days. In Maximum 90 days, the matter will be decided if

testing isn’t required. Extended upto 150 days is testing is required.

Complain Forms

Fee for filing a Complaint [Section 12(2)]

Sr. No.

Value of Goods / Service and Compensation Amount of Fees

1) Upto Rs. 1 lakh rupees Rs. 1002) Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 2003) Rs. 5 Lakhs and above but less than Rs. 10 lakhs Rs. 400

4) Rs. 10 lakhs and above but less than Rs. 20 lakhs Rs. 500

The fees shall be paid by Cross demand Draft drawn on a nationalized bank or through crossed Indian postal order drawn in favor of the Registrar of the Sate Commission and payable at the place of the State Commission.

LIMITATION PERIOD FOR FILING A COMPLAINT

District Forum or State Commission or the National Commission within 2

years from the date on which the cause of action has arisen. The

Forum/Commission concerned can overlook the delay for recorded

reasons [Section 24A].

 Appeals are require to be filed within 30 days from the date of receipt of

the court's order.

It may be noted that these time frames are not absolute limitations. If the

Consumer Forum is satisfied that there was sufficient cause for not filing

the complaint within the prescribed period, it can entertain a complaint

beyond limitation time. However the Forum must record the reasons for

condensation of delay.

Websites for Complaining

www.complaintspost.comwww.complaintsboard.com

www.consumercourtforum.comwww.consumerpain.com

www.consumercomplaints.comwww.complaints-india.com

www.indiaconsumerforum.com

Consumer dispute Redressal Agencies

The Act envisages a Three-tier quasi-judicial machinery at the National, State and District levels.

National Consumer Disputes Redressal Commission – Its President shall be a Judge of Supreme Court . 4 members and

at least one them shall be a woman.State Consumer Disputes Redressal Commissions -

Its President shall be a Judge of High Court. Two other members, one of whom shall be a woman.

District Consumer Disputes Redressal Forums – Its President shall be a District Judge appointed by State

Government. Two other members, one of whom shall be a woman.

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JURISDICTION

Forum / Commission Where the value of the goods or services and the compensation, if any claimed,

District Does not exceed Rs. 20 lakhs

State Rs. 20 lakhs and above but not exceeding One Crore

National Above One Crore

PROCEDURE FOR FILING THE APPEALS

Appeal against order passed by the District Forum State Commission State Commission National Commission National Commission Supreme Court

Within a period of 30 days from the date of an order. An appeal may be entertained after expiry of period provide Forum/Commission concerned is satisfied with cause of delay.

Procedure for filing an appeal is the same as that of complaint, except that the application should be accompanied by the orders of DF/ SC/ NC , as the case may be.

The reasons for filing the appeal should be clearly specified.

RELIEFS

Removal of defects in goods or deficiency in services. Replacement of defective goods. Refund against defective goods or deficient services. Compensation. Prohibition on sale of hazardous goods. Claiming the excess money charged. Punishment. Removal of Dead/Defective stock.

PENALTIES

According to CPA ,where a Trader or the Complainant fails to comply with an order made by the relevant consumer forum , such person is liable to --

a Punishment with imprisonment for a term which is not less than 1 month but which may extend to 3 years ; or

with Fine of not less than 2000 INR but which may extend to 10000 INR ; or

with both.

PRACTICAL PROBLEMS ‘A’ boarded a Train. The compartment in which he travelled was in

bad shape, namely- fans &shutters of windows were not working, rexin of the berth was badly torn & there were rusty nails which caused some injury to his wife who was also travelling along with him. ‘A’ made a complaint against Railways for deficiency in service.

It was held that the faults or the short-comings pointed out in the complaint constituted ‘Deficiency in Service’ & the compensation of Rs. 1500 was awarded to ‘A’. A Superfast Train in which I was travelling was delayed for long

hours without any reason. Can this be a ground for filing a complaint against the Railways? Additional charges are taken by the Railways from the passengers travelling by a Superfast Train. If the trains are delayed for long hours and the delay has not been properly explained it amounts to deficiency in service and therefore the Railway is bound to refund the excess charges.

Thank you