CONSUMER PROTECTION ACT , 1986
INTRODUCTION
Intended
to promote and protect the legitimate interests of the consumers against traders , suppliers etc. Arms the Forums constituted under the Act with the power of enforcement of their orders by imposing fine and imprisonment.
AIMS & OBJECTS OF THE ACT
Better Protection of Interests of Consumers Protection of Rights of Consumers Consumer Protection Councils Quasi Judicial Machinery for Speedy Redressal of Consumer Disputes
RIGHTS OF CONSUMER
Right to safety Right to be informed Right to choose Right to be heard Right to redress Right to healthy Environment Right to consumer Education
REDRESSAL MACHINERY UNDER THE ACT
For dealing cases involving Rs 20 Lakh For dealing cases involving Rs more than 20 Lakh and less than 1 crore and appeals against orders of district forum National Commission State Commission District forum For dealing cases involving more than 1 crore and appeals against order of state commissions.
DISTRICT FORUM
A district forum forum shall consist of : A person who is qualified to be a District Judge nominated by state government(president). A person of eminence in the field of education, trade or commerce. A lady social worker
STATE COMMISSION
A
person who is or has been a judge of high court appointed by state government (president). Two other members who shall be persons of ability, integrity and standing and have adequate knowledge and experience in dealing with problems related to economics, law or administration. One of them shall be a woman.
NATIONAL COMMISSION
A
person who is or has been a judge of supreme court to be appointed by central government (president). Four other members who shall be persons of ability, integrity and standing and have adequate knowledge and experience in dealing with problems related to economics, law or administration. The secretary in the Deptt. Of Legal Affairs in GOI-Member. Secretary of Deptt. dealing with consumer affairs in GOI-member.
PROCEDURE FOR COMPLAINT
Entitlement of File Complaint(sec-12) Any recognized consumer association to which that consumer belongs or is a member. One or more consumers having the same interest with the permission of District forum. The Central Or the State government.
RECOGNIZED CONSUMER ASSOCIATION
Any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force may be regarded as Recognized Consumer Association. With the formation of these Recognized Consumer Associations, affected consumers, who may be unable to file a complaint due to ignorance, illiteracy or poverty may also be provided with the modus operandi to file complaints through any recognized consumer association.
PROCEDURE TO BE FOLLOWED AT DISTRICT FORUM OR STATE COMMISSION
Section 13 lays down the procedure to be followed by the District Forum or state Commission receipt of complaint. According to section 13 :On the receipt of complaint, a copy of same is required to be referred to the opposite party directing him to give his reply with in 30 days. This period may be extended by another 15 days. In case the opposite party admits the allegation contained in the complaint, the complaint will be decided on the basis of material on record.
1.
2.
3.
i.
In case the opposite party denies the allegation contained in the complaint or fails to take action to represent his case within the time provided, thenIn case of dispute relating to any goods which require testing or analysis: Sample of goods shall be obtained from the complainant. It must be sealed and authenticated in a prescribed way. It must be referred to appropriate laboratory for analysis or test. Laboratory results must reach District Forum or State Commission within 45 days.
ii.
In case of dispute relating to goods not requiring test or relating to Service:Sec. 13(2) (b) states that if opposite party denies the allegations contained in the complaintwithin given time, the agency concerned shall dispute of the complaint on the basis of evidence tendered by the party. In case of failure by the opposite party to represent the case in prescribed time, the complaint shall be disposed of on he basis of evidence tendered by the complainant.
PROCEDURE APPLICABLE TO NATIONAL COMMISSION
Sec. 22 lays down the procedure to be followed at the national commission for disposal of any complaint or proceedings before it. The central Govt. has been empowered to prescribe detailed procedure in this regard.
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PROCEDURE FOR COMPLAINTS
Rule 14 of the consumer protection rules, 1987 gives following procedure for hearing of complaint:
Complaint containing following particulars shall be presented by the complainant : [Link] name and address of complainant. [Link] name and address of opposite party [Link] relating to complaint . [Link] documents in support of the allegations made in the complaint. [Link] relief claimed by the complainant. The national commission shall dispose of any complaint as under sec. 13(1) and (2). The commission shall issue such orders to the opposite party as under sec 14(1). Where no appeal has been prefer against the order passed by the national commission has been affirmed by Supreme Court. 15
PROCEDURE FOR FILLING THE APPEAL
Procedure in respect of goods where the defect alleged requires no testing or analysis: 1. Refer a copy of the admitted complaint within 21 days from the date of its admission to opposite party mentioned in complaint. 2. Where the opposite party on admission of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint. Procedure in respect of goods where the defect alleged requires analysis or testing: 1. Where a complainant alleges a defect in the goods which can not be determined without proper analysis or test of the goods. 2. The district forum shall remit the amount deposited to its 16 credit under clause (d). 3. The district forum shall give a reasonable opportunity to complainant and opposite party.
If the complaint relates to goods in respect of which aforesaid procedure can not be followed ,forum proceed to settle the consumer dispute: [Link] the basis of evidence brought to its notice by the complainants and opposite party. 2. On the basis of evidence brought to its notice by the complainants where other party fails to take any actions to represent his case. Every Complaint shall be hared as Expeditiously as possible. Where the complainants fails to appear on date of hearing before the forum the district forum may either dismiss the complaint for default or decide it on merits.
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LIMITATION PERIOD FOR FILLING OF
COMPLAINT
Sec. 24 (A) provides that the district forum, state or national commission shall not admit a complaint, unless it is filed within two year from the date on which or the cause of action has arisen. However, where the the complainant satisfy the forum, as the case may be, that he had sufficient cause for not filing the complaint within one year, such complaint may be entertained by it, after recording the reasons for condoning the delay .
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THANK YOU.