Consumerprotectionact1986 Final

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Consumer ProtectionAct 1986

1Caarmel Institute of ManagementStudies


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Some Basic Terms

Goods (Section 2(7) ):

Goods means every kind of movable

property other than actionable claims andmoney and includes stocks and shares,

growing crops, grass and things attached

forming apart of the land which are agreed

to be served before sale or under thecontract ofsale



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SERVICE (Section 2(1) (0))

It means service of any description which ismade available to potential users. It

includes the financing, insurance, transport,processing, supply of electrical or otherenergy, boarding or lodging or both,housing, entertainment, amusement or

purveying a news or other information. Butservice not included the rendering of anyservice free of charge or under a contract ofpersonal service



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Consumer disputes [Section 2(1)

e]

A dispute where a person against

whom a compliant has been made

denies or disputes the allegation

contained in the complaint



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Unfair trade practice [sec 2(1)

r

Unfair trade practice which for the

purpose of promoting the sale use or

supply of any goods or for the

provision of any service, adopts any

unfair method or unfair deceptive

practice



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THE CONSUMER PROTECTION ACT

The law relating to consumer protectionis dealt with in the consumer protectionact 1986. The act extends to the wholeof India except the state of Jammu &

Kashmir. It was enacted to providebetter protection of to all goods andservices. The proceedings under thisact are simple and fair. There is no

court fee or stamp duty to be fixed, nomatter whatever may be the amountinvolved in the complaint.



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OBJECTIVES OF ACT

Better protection of interests of consumers

Protection of rights of consumers

Consumer Protection CouncilsQuasi judicial machinery for speedy redressal

of consumer disputes

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RIGHTS OF CONSUMER

Protection against marketing of goods

hazardous to life & property

Right to be informed

Quality as protection against unfair trade

practices

Access to goods & services at competitive prices



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Right to be heard & due consideration at

appropriate forums

Right to seek redressal

Right to consumer education



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Consumer Protection Councils

Central consumer Protection councils

State consumer protection council

District Consumer Protection Council



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Central Consumer Protection

council Established by the central govt by a

council by notification.

Object is to promote & protect therights of the consumer .



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Members of the Central Council

Maximum members are 150 includes :

The Minister of consumer Affairs in

central govt. (Chairman)

Minister of state or Deputy Minister incharge of consumer affairs in central

govt

The minister of Food & Supplies Eight Members of Parliament5 from Lok sabha

3 from Rajya Sabha



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The secretary of National council for SCand ST.

Representatives of Central Govt. (not >20)

Representatives of Consumerorganisation.

Not less than 35

Representatives of women (not < 10)

Representatives of Farmers. (not > 20)

Person capable for representingconsumer Interest. (not > 15)

Secretary in the department of Civil

Supplies. 14Caarmel Institute of ManagementStudies


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State Consumer Protection

Council

The state government by notification

established a council to be known as

State Consumer Protection Council To promote and protect the rights of

consumers within the state.



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Members of the State Council

The Minister in charge of consumeraffairs in the state govt as chairman.

Official and non official representating

State government. Official or non official members not

exceeding 10 nominated by Central

Govt.



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District Consumer Protection

Council The state govt. shall establish for every

district by notification known as District

consumer Protection Council.

Objectives is to promote and protectconsumer rights within the district.



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Members of District Councils

The collector of the District(chairman).

Other official and non-official members

prescribed by the state Government.

Two meeting is necessary in a year



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District Forum - Members

One qualified District Judge asPresident

Two other members

One women not less than 35years.

Possess a Bachelors Degree.

Having at least 10 yearsexperience in law, commerce ,

Accountancy etc.

Term of committee is 5 years or up to 20Caarmel Institute of ManagementStudies


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Manner of complaint shall be

made

On the receipt of complaint , the forumshall refer a copy of complaint to

opposite party.

The opposite party have to give hisreply with in 30 days.

If the opposite party admits the

allegation the forum will consider thecase on the basis of merit of the case.



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If the opposite party denies the

allegations the forum shall proceed to

settle based on the evidence brought

by the party.

All complaints should decide within 90

days after the date of notice.

Any person may prefer an appeal to the

state commission with in a period of 30

days after the order.District forum will entertain all the cases where the

value of goods & services and the compensation is

claimed DOES NOT EXCEED 5 LAKHS



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State Redressal

Commission

A person who is or has been a Highcourt Judge shall be the president.

Two other members

One women not less than 35 years. Possess a Bachelors Degree.

Having at least 10 years experience

in law, commerce ,Accountancy etc.

Term of committee is 5 years or up to

the age of 67 years whichever is earlier. 23Caarmel Institute of ManagementStudies


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If the value of Goods & Services and

compensation if any claimed exceeds

5 lakhs and not exceed 25 lakhs.

Any person may prefer an appeal to

the National commission against the

order of the state commission within a

period of 30 days after the order.



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National Redressal Commission

A person who is or has been a Supremecourt Judge to be appointed by thecentral govt shall be the president.

Not less than four members

One women not less than 35 years.

Possess a Bachelors Degree.

Having at least 10 years experience

in law, commerce , Accountancy etc. Term of committee is 5 years or up to the

age of 70 years whichever is earlier.



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Complaints where the value of goods

& services or compensation claimed

exceed 25 lakhs.Any person may prefer an appeal to

the supreme Court against the order

of the National commission within aperiod of 30 days after the order.

The district , State or the nationalcommission shall not admit a compliant if

it is not filed within 2 years from the date

of cause of action



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Conclusion



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Consumer Sovereignty

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Consumerprotectionact1986 Final

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