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Consumer Protection Act Overview

The document summarizes key aspects of the Consumer Protection Act 1986 in India. It addresses questions about who can file a complaint under the Act, the grounds for complaints, where complaints can be filed depending on the compensation amount, and the process for filing complaints and appeals. A complaint can be filed by a consumer, voluntary consumer association, or government body. It must allege a defective product, deficient service, excessive pricing, or misleading advertisement. Complaints can be filed with district, state, or national consumer dispute resolution forums based on the compensation amount. The appeal process is outlined moving from lower to higher bodies and ultimately the Supreme Court.

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Amit Kumar
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10 views4 pages

Consumer Protection Act Overview

The document summarizes key aspects of the Consumer Protection Act 1986 in India. It addresses questions about who can file a complaint under the Act, the grounds for complaints, where complaints can be filed depending on the compensation amount, and the process for filing complaints and appeals. A complaint can be filed by a consumer, voluntary consumer association, or government body. It must allege a defective product, deficient service, excessive pricing, or misleading advertisement. Complaints can be filed with district, state, or national consumer dispute resolution forums based on the compensation amount. The appeal process is outlined moving from lower to higher bodies and ultimately the Supreme Court.

Uploaded by

Amit Kumar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

ASSIGNMENT

ON
BUSINESS LAW
SUBMITTED TO: SUBMITTED BY:
MR. NITIN KHARE MANISH SAINI
09-AIT-MBA-138
MBA (FINANCE)
ASSIGNMENT

Question 1: Who can file a complaint under the Consumer Protection Act 1986?

Answer: Persons who can file a complaint under the act

(i) A consumer; or

(ii) Any voluntary Consumer, Association, registered under the Companies Act 1956 or
under any other law for the time being in force. Or

(iii) The Central Government; or

(iv) Any State Government; or

(v) One or more consumers, where there are numerous consumers having the same interest.

Question2: On what grounds the complaint can be filed?

Answer: These are the followings grounds on which complaint can be filed:

(i) If a product bought is defective, spurious, fake

(ii) If service paid for is deficient in quality, delayed or not carried out

(iii) If price paid is excessive and above MRP

(iv) If anyone is mislead by an advertisement or by a false representation.

Question3:A) Where can a complaint be filed under the provision of Act?

Answer: (i) District Consumer Disputes Redressal Forum in each district: if total compensation
claimed does not exceed Rupees 50 Lakhs

(ii) State Consumer Disputes Redressal Commission

- If total compensation claimed exceeds Rs. 50 lakhs but less than 1 crore

- Appeals against orders of district forum.

(iii) National Consumer Disputes Redressal Commission

- If total compensation claim exceed rupees 1 crore

- Appeals against orders of State commissions


Question3 B): What is the jurisdiction of statutory body constituted for hearing a complain?

Answer: (i) District Consumer Disputes Redressal Forum- if total compensation claimed does
not exceed Rupees 50 Lakhs

(ii) State Consumer Disputes Redressal Commission- If total compensation claimed exceeds Rs.
50 lakhs but less than 1 crore

(iii) National Consumer Disputes Redressal Commission- If total compensation claim exceed
rupees 1 crore

Question 4 A): How complaint can e made under the Act?

Answer: A complaint , in relation to any goods sold or delivered or agreed to be sold or delivered
or any service or agreed to be provided, may be filled with a District Forum by-

(i) A consumer; or

(ii) Any voluntary Consumer, Association, registered under the Companies Act 1956 or
under any other law for the time being in force. Or

(iii) The Central Government; or

(iv) Any State Government; or

(v) One or more consumers, where there are numerous consumers having the same interest

Every complaint shall be accompanied with such amt. of fee payable in such manner as may
be prescribed. On receipt of a complaint the District Forum may by order allow the complaint
to be proceeded with or rejected. However, a complaint shall not be rejected unless an
opportunity of being heard has been given to the complainant.
Question 4 B) Is there is any provision for appeal if so how the appeal can be made?

Answer: Yes there is a provision for making a appeal. Notwithstanding anything contained in the
code of Criminal Procedures, 1973 an appeal under 27 both on facts and on law shall lie from:

(i) The order made by the District Forum to the State Commission;

(ii) The order made by the State Commission to the National Commission;

(iii) The order made by the National Commission to the Supreme Court except as
aforesaid no appeal shall lie to any court from any order of a District Forum or a State
Commission or the National Commission.

Question 4 C): Can a person under the act approach Supreme Court for redressal for the
grievances?

Answer: Yes a person under the act approach Supreme Court for the redressal for the grievances.
The person can make a appeal against the order made by the National Commission Forum in the
Supreme Court.

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