CONSUMER PROTECTION ACT, 1986

( With amendments of the Act effected from 15.3.2003 and rules from 5.3.2004)

CONSUMER PROTECTION ACT, 1986

 Enacted to provide for the better protection of the interest of consumer  Act applies to whole of India except Jammu and Kashmir  Chapter I, II and IV came into force on 15.4.1987. Chapter III came into force on 1.7.1987  The act was amended in 2002 and the amendments came into force w.e.f. 15th March 2003.
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WHAT IS A COMPLAINT?
Complaint means any allegation in writing made my a compliant that : I. An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; II. The goods bought by him or agreed to be bought by him suffer from one or more defects ; III. The services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect;
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WHAT IS A COMPLAINT?
IV. A trader or service provider as the case may be has charged for the goods or for the services mentioned in the complaint, a price in excess of the price
a) fixed by or under any law for the time being in force; b) displayed on the goods or any package containing such goods; c) displayed on the price list exhibited by him by or under any law for the time being in force; d) agreed between the parties .
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WHAT IS A COMPLAINT?
V. Goods which will be hazardous to life and safety when used are being offered for sale to the public
a) In contravention of any standards relating to safety of such goods as required to be compiled with, by or under any law for the time being in force; b) If the trader could have known with due diligence that the goods so offered are unsafe to the public;
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WHAT IS A COMPLAINT?
VI. Service which are hazardous or likely t be hazardous to the life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Product Vs. Service

A product is something you can touch, a service is an action performed by someone (labor). Example: If you buy a new battery for your car, that's a product. The installation of that battery is a service.

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
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WHO IS A 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.
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WHAT IS A DEFECT ?
 Fault  Imperfection  Shortcoming In the  Quality  Quantity  Potency  Purity  Standards

Or

Which is required to be maintained by or under any law for the time being in force
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WHAT IS A DEFICIENCY ?
    Fault In the Imperfection  Quality Shortcoming Or  Standard and Inadequacy  Manner of performance

Which is required to be maintained by or under any law for the time being in force
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WHAT IS A SERVICE?
Service means service of any description, which is made available to potential users and includes, but not limited to the provisions of the facilities in connection with 1) banking 2) financing 3) insurance 4) transport 5) processing 6) supply of electrical or other energy 7) boarding or lodging or both 8) house construction 9) entertainment 10) amusement or 11) the purveying or new or other information But does not include the rendering of any service free of charge or under a contract of personal service
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As per the Act, the consumer protection councils have been established at Central, State and District levels to promote and protect the consumer rights. They are:

Right to Safety: To be protected against the sale of goods and services which are spurious/hazardous for the life. Right to Information: To know the quality, quantity, weight and the price of goods/services being paid for, so that one is not cheated by unfair trade practices. Right to Choose: To be assured, wherever possible, access to a variety of goods and services at competitive prices. Right to be Heard: To be heard and to be assured that the interest would receive due consideration at appropriate fora (forums). Right to Seek Redressal: To seek legal redressal against unfair or restrictive trade practices or exploitation. Right to Consumer Education: To have access to consumer education.

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CONSUMER PROTECTION COUNCILS

Consumer Protection Councils

The Central Consumer Protection Council

The State Consumer Protection Council

The District Consumer Protection Council

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1. Central Consumer Protection Council  The Consumer Protection Act empowers the Central Government to establish a Central Consumer Protection Council consisting of the Minister in charge of consumer affairs in the Central Government as its Chairman and such number of other official and non-official members nonrepresenting such interests as may be prescribed.  Under the Consumer Protection Council Rules 1987, the membership of the Council is restricted to 150 members including the Central Minister in charge of Consumer Affairs as the15 Chairman. The term of the Council is three

To monitor the implementation of the recommendations of the Council, the Central Government may constitute a standing working group from amongst the members of the council under the Chairmanship of the Member Secretary of the Council. The Council shall meet as and when necessary, but at least one meeting of the Council shall be held at such time and place as the Chairman may think fit.
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2. State Consumer Protection Council  The Consumer Protection Act provides for the establishment of State Consumer Protection Councils by the State Governments.  The State Council shall consist of a Minister in charge of consumer affairs in the State Government as its Chairman and such number of other official or non-official nonmembers representing such interests as may be prescribed by the State Government and ten nominees of the Central Government.  The State Council shall meet as and when necessary but not less than two meetings shall be held every year at such time and place as the Chairman may think fit.
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3. District Consumer Protection Council  In order to promote and protect the rights of consumers, within the district, the Consumer Protection Act, provides for the establishment of a District Consumer Protection Council in every district.  It shall consist of the Collector of the district as its Chairman and such number of other official and non-official members representing such noninterests as may be prescribed by the State Government.  It shall meet as and when necessary but not less then two meetings shall be held every year. The year. 18 Chairman shall decide the time and place of the

How to File a Complaint - A complaint can be filed

on a plain paper. It should containcontainThe name description and address of the complaints and the opposite party  The Facts relating to complaint and when and where it arose.  Documents in support of allegations in the complaint  The relief which the complainants is seeking  The complaint should be signed by the complainants or his authorized agent.


No lawyer required for filing the complaint  Nominal court fee



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Where to File a Complaint (depends upon the cost of the goods or services or the compensation asked)

 

District Forum: if it is less than Rs. 20 lakhs Forum: State Commission: if more than Rs. 20 lakhs but Commission: less then Rs. 1 crore National Commission: if more than Rs. 1 crore Commission:

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Who Can File A Complaint - A complainant in relation to any goods or services may be filled byby 

  

A consumer or Any voluntary consumer association registered under the Companies Act, 1956 (1of 1956)or under any other law for the time being in force or The Central Government or any State Government; or One or more consumers, where there are numerous consumers having the same interest or In case of death of a consumer, his legal heir or representative A power of attorney (lawyer) holder cannot file a complaint under the Act.

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CONSUMER DISPUTES REDRESSAL AGENCIES

Redressal Machinery

District Forum

National Commission

State commission
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1. District Forum Composition of the District Forum.-4[(I) Forum. Each District Forum shall consist of,of,(a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President; (b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely ::(i) be not less than thirty-five years of age, thirty(ii) possess a bachelors degree from a recognized university, (iii) be persons of ability, integrity and standing, and have adequate problems relating to economics, law, commerce, accountancy, industry public affairs or administration:

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Provided that a person shall be disqualified for appointment as a member, if hehe(a)

has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or

(b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a 24 competent court; or

(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the state Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the State Government;)
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Jurisdiction of the District Forum.--( I) Subject Forum.--( to the other provisions of this Act, The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 2[ does not exceed rupees twenty lakhs]. A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,jurisdiction,(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business or has a branch office or] personally works for gain, 26 or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or 2[carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 2[ carry on business or have a branch office], or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. 27

Manner in which complaint shall be made.made. A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum byby(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not; 28

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.
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(2) Every complaint filed under sub-section (1) shall subbe accompanied with such amount of fee and payable in such manner as may be prescribed. (3) On receipt of a complaint made under sub-section sub(1), the District Forum may, by order, allow the complaint to be proceeded with or rejected: Provided that a complaint shall not be rejected under this sub-section unless an opportunity of subbeing heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twentytwenty-one days from the date on which the 30 complaint was received.

(4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may subproceed with the complaint in the manner provided under this Act: Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.

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2. State Commission Composition of the State Commission.Commission. Each State Commission shall consist ofof(a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: 1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;]
(1)
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(b) not less than two, and not more than such number of members, as may be prescribed, and one of who shall be a woman, who shall have the following qualifications, namely:namely:(i) be not less than thirty-five years of age; thirty(ii) possess a bachelors degree from a recognized university; and (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that not more than fifty per cent of the members shall be from amongst persons having a 33 judicial background.

Jurisdiction of the State Commission. Commission. Subject to the other provisions of this Act, the State Commission shall have jurisdictionjurisdiction(a) to entertainentertain(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 1 [exceeds rupees twenty lakhs but does not exceed rupees one crore ; ) and (ii) appeals against the orders of any District Forum within the State; and

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(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

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(2) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; or 36

Procedure applicable to State Commissions. Commissions. [The provisions of Sections 12, 13 and 14 and the rules made there under] for the disposal of complaints by the District Forum shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the State Commission.

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3. National Commission Composition of the National Commission.-(I) The National Commission. Commission shall consist ofof(a) a person who is or has been a Judge of the Supreme Court, to Court, be appointed by the Central Government, who shall be its President; (b) not less than four, and not more than such number of four, members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely ::-

(i) be not less than thirty-five years of age; thirty(ii) possess a bachelors degree from a recognized university; and (iii) be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or 38 administration:
Provided that not more than fifty per cent of the members shall be from amongst the

Jurisdiction of the National Commission.-Subject to Commission. the other provisions of this Act, the National Commission shall have jurisdictionjurisdiction(a) to entertainentertain(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees [twenty lakhs]; and (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. 39

Questions
1.

2.

3.

4.

5.

6.

What are the objects of the Consumer Protection Act, 1986? Define the following terms as used in the Consumer Protection Act, 1986: Complaint, Complainant, Consumer, Manufacturer, Restrictive trade practice, unfair trade practice What are the objects of the Consumer Protection Council? What is the function of Consumer Protection Council? Write a note on: Consumer disputes redressal agencies.
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7. What is the jurisdiction of a Consumer disputes Redressal Forum (the District Forum)? In what manner is a complaint filed before it? What procedure is followed by it after receiving the complaint? 8. Write a note on: Consumer disputes Redressal Commission (the State Commission) as to its composition, jurisdiction and procedure to be followed by it. 9. What is the composition of the National Consumer Disputes Redressal Commission (the National Commission)? What is Jurisdiction and what procedure does it follow to settle any complaint?
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FILING OF COMPLAINTS
A complaint may be filed by a) The consumer to whom the goods are sold or services are provided b) Any recognised consumer association c) One or more consumers with same interest

d) The central government or state government

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FILING OF COMPLAINTS
The Fee for filing the Complaint for the district forum is as under
Sr. No. 1) 2) 3) Value of Goods / Service and Compensation Upto Rs. 1 lakh rupees Rs. 1 Lakh and above but less than Rs.5 lakhs Rs. 5 Lakhs and above but less than Rs. 10 lakhs Amount of Fees Rs. 100 Rs. 200 Rs. 400

4)

Rs. 10 lakhs and above but less than Rs. 20 lakhs

The fees shall be paid by Cross demand Draft drawn on a nationalized bank or through crossed Indian postal order drawn in favour of the Registrar of the Sate Commission and payable at the place of the State Commission (w.e.f. 5.3.2004.)
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POWER OF CIVIL COURT TO DISTRICT FORUM

The District Forum shall have the powers of Civil Court while trying a suit in respect of the following matters ; The summoning and enforcing attendance of any defendant or witness and examining the witness on oath. The discovery and production of any document or other material object producible as evidence. The reception of evidence on affidavit The requisition of the report of the concerned analysis or test from the appropriate laboratory of from any other relevant source. Any other matter which may be prescribed.
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a) b) c) d)

e)

RELIEF TO THE COMPLAINANT ?

IF THE COMPLAINT IS PROVED THE FORUM SHALL ORDER
a) b) c) d) to remove defect pointed out by the appropriate laboratory from the goods in question; to replace the goods with new goods of similar description which shall be free from any defect; to return to the complainant the price, or , as the case may be, the charges paid by the complainant; to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party; To remove the defect in goods or deficiency in the services in question.
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e)

RELIEF TO THE COMPLAINANT ?

f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; g) not to offer hazardous goods for sale; h) to withdraw the hazardous goods from being offered for sale; ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently. hc) to issue corrective advertisements to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; i) To provide for adequate cost to parties.
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APPEAL
 shall be filed within thirty days.  Delay in filing appeal may be condoned if there is sufficient cause.

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LIMITATION PERIOD
Within two years from the date on which the cause of action has arisen.

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DISMISSAL OF FRIVOLOUS OR VEXATIOUS COMPLAINTS

 Where a complaint instituted before the District Forum, the State Commission or the National Commission, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such Cost, not exceeding ten thousand rupees, as may specified in the order.
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PENALTIES
Where a trader or a person against whom a complaint is made (or the complainant) fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, such trader or person (or complainant) shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.
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NOTE ON CONSUMER PROTECTION ACT, 1986

A person may be consumer of goods, or services. When I purchase a fan, a gas stove or a refrigerator, I could be the consumer of goods. When I open a bank account, take an insurance policy, get my car repaired, I could be the consumer of services. The consumer protection Act, 1986 tries to help a consumer when for example, the goods purchased are defective or the services rendered to him are subject to so deficiency. Prior to the consumer Protection Act, 1986 for any consumer complaint one had to go to an ordinary Civil Court. He had to engage a lawyer, pay the necessary fee, and be harassed for years or decades before any outcome, positive or negative, was there in that litigation. Under the Consumer Protection Act, no Court fee has to be paid and the decision on the complaint is much quicker, as the Court can evolve a summary procedure in disposing off the complaint.
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CASE LAWS ON THE ACT.

PECUNIARY JURISDICTION
 In Krishan Dass Chaurasia V. State Bank of India (1995) the total claim in a complaint did not exceed Rs. 1,00,000/-. It was held that the matter was not within the jurisdiction of the State Commission and such a claim was rejected by the State Commission. The Complainant could seek the remedy from the District Forum. Therefore, jurisdiction, which is vested in a district Forum cannot be created for State Commission by merely exaggeration of a claim. In B. Raghunath Vs Trans India Tourism (1996) the complainant had suffered a loss of Rs. 5,000/-, according to his own statement. He claimed compensation of Rs. 5,00,000. It was evident that he had purposely boosted his claim to bring the matter within the pecuniary jurisdiction of the State Commission. The complaint was returned bt the State Commission for presentation in proper District Forum with necessary correction.
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CASE LAWS ON THE ACT.

NO ACTION WHERE NO TERRITORIAL JURISDICTION
In J. K. Synthethetics Vs. Smt. Anita Bhargava (1993) the registered office of the Opposite Party was situated at Kanpur. Payment was made through Bank in Delhi. The complaint filed in Calcutta was held to be outside the territorial jurisdiction of the District Forum. The Order passed by the Calcutta District Forum was set aside in Appeal

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CASE LAWS ON THE ACT.

EVIDENCE THROUGH AFFIDAVITS IS LEGAL & SUFFICIENT EVIDENCE.
 In Union of India Vs. Ramswaroop Chandil (1998) the complainant? Respondent had a circular ticket in his possession during journey which was locked in his box. He was not allowed to break open the lock and produce the ticket and was forced to pay excess charge for four persons. The District Forum awarded compensation in his favour for refund of fare and excess charge and for inconvenience, humiliation and Advocates fee, etc. In appeal by the Railway Authorities it was pleaded that the complainant had not produced any witness to support his claim. Dismissing the appeal it was held that he had narrated his case in the affidavit and the same was not rebutted by the Opposite party. It was held that the evidence by affidavit was legal and sufficient to support the complainants case.
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CASE LAWS ON THE ACT.

AFFIDAVITS PERMITTED TO DETERMINE DEFICIENCY IN SERVICE AS WELL AS DAMAGES.  The Consumer Protection Act contemplates speedy disposal of complaints, which are required to be disposed off within 90 days of service of notice to Opposite Party. The Consumer Protection Act, therefore, does not contemplate regular trial as is usually done in civil suits.  In Prem Prakash Mehra Vs. Oriental Insurance Co. Ltd., (1995) it has been held that the parties can be called upon tom lead evidence on affidavits not only on question of deficiency in service but also on subject of determination of damages. This in consonance with the objective of the Consumer Protection Act, for speedy disposal of cases.
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CASE LAWS ON THE ACT.

NON-SPEAKING ORDER CAN BE SET ASIDE
 In S.D.O. Telephone Vs. Rama Shankar Pandey (1997) the District Forum, Handoi, allowed the complaint and directed that the telephone bills of the complainant be revised on the basis of average consumption and awarded Rs. 200/compensation to the complainant. No reasons were given for such order. The State Commission held that the order of the District Forum should be a speaking one. It should give, however briefly, the essential facts and material, considered by it as well as the reasons for the conclusion. Else the order becomes arbitrary in the eyes of law. The order of the District Forum was set aside and the case was sent back to the District forum for re-consideration in accordance with law after notice to the parties.
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CASE LAWS ON THE ACT.

REMAND WHEN ORDER SIGNED BY PRESIDENT ONLY


In S. Ravisankar Vs. Aslo Steel Ltd., the order of the District forum was signed only by the President of the Forum. No other member had signed it. Section 14 requires that every order shall be conducted/signed by the President and at least one member. The present order was held to be invalid, and the matter was remanded to the District Forum.
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CASE LAWS ON THE ACT.

PRESIDENT SITTING SINGLY


It has been held by the National Commission that the orders passed by the President of the State Commission sitting singly without the junction of any other member is contrary to Section 14(2) of the Consumer Protection Act, 1986. Such an order is invalid (Raj kumar Mangla Vs. R.S. Singh (1995)

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CASE LAWS ON THE ACT.

PRESIDENT SITTING SINGLY
 In Haryana Urban Development Authority Vs. Avtar Krishan Ambedkar (1998) the revision petition was filed against the order of the President of the District Forum, Gurgaon dated 11.7. 1997, which was passed by the President sitting singly, i.e. without associating any of the two companion members. It was held that Section 14(2) requires that all proceedings shall be conducted by the President of District Forum and at least one member thereof sitting together. It was held that the President sitting singly was acting without jurisdiction. The said order was set aside and the case was referred back to the District Forum for fresh decision in accordance with law.
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CASE LAWS ON THE ACT.

PREGNANCY NO GROUND FOR CONDONATION OF DELAY
 In Registrar, University of Pune Vs. Mrs. Puja Pravin Wagh (1999) the complainant filed a complaint 3 1/2 months after the expiry of the limitation period of 2 years against the University of Pune for the wrong declaration of result. The reason for delay in filing the complaint given by the complainant was her pregnancy. The District Forum condoned the delay and awarded compensation of Rs. 2,5000/- to the complainant. On appeal it was held that the fact of pregnancy was no justification for the delay. The complaint being time barred the order of the District Forum was set aside.
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CASE LAWS ON THE ACT.

DAMAGES
 In Charan Singh Vs. Healing Touch Hospital (2000) it has been held by the Supreme Court that while quantifying damages, Consumer Forums are required to make an attempt to serve the ends of justice so that compensation is awarded, in an established case, which not only serves the purpose of recompensing the individual, but which also at the same time, aims to bring about a qualitative change in the attitude of the service provider. Indeed, calculation of damages depends on the facts and circumstances of each case. No hard and fast rule can be laid down for universal application. While awarding compensation, a Consumer Forum has to take into account all relevant factors and assess compensation on the basis of accepted legal principles, on moderation.
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CASE LAWS ON THE ACT.

DAMAGES
 In Patel Roadways Ltd. Vs. Birla Yahama Ltd. AIR 2000 the Supreme Court has held that Consumer Forums have jurisdiction to entertain complaints against carriers regarding loss of or damage to goods entrusted to carrier for transportation. In Provident Fund Commissioner Vs. Shiv Kumar Joshi (2000) the Supreme Court has held that an employee, who is a member of the Employees Provident Fund Scheme, is a consumer and duties performed by the Regional Provident Fund Commissioner under such scheme is service and thus, in case of delay in release of provident fund, complaint for deficiency in service, is maintainable.
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