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INTRODUCTION
The enactment of CPA,1986 by parliament was a milestone in the history of consumer protection movement in India. The special feature of this act is to provide speedy and inexpensive redressal grievances of the consumer and to provide him specific relief or award of compensation wherever appropriate. It recognizes six of the eight rights of the consumer as provided in the UN charter.
WHO IS A CONSUMER ?
A. Any person who buys goods or avails services for consideration Any body who uses the goods or services with the consent of the consumer
B.
Cont...
C. Legal heir of consumer in case death of consumer D. However any person who buys goods for commercial use but exclusively for his livelihood by means of self employment is a consumer.
OBJECTIVES OF CPA
Right to consumer education. Right to safety. Right to seek redressal. Right to be heard. Right to choose. Right to information
CONT
e)Right to be assured, wherever possible, access to a variety of goods at competitive prices. f)Right to consumer education.
DISTRICT FORUM
District Consumer Disputes Redressal Forum commonly known as district forum is the lowest authority having only original jurisdiction i.e. deciding the consumer complaint. SECTION10(1) provides that each district forum shall consist of:a) A person who is or who has been or is qualified to be, a district judge who shall be its president
CONT
b) Two other members, one of whom shall be a
women, who shall have the following qualification namely: I. Be not less then 35 years age, II. Posses a bachelors degree from a recognized university. III. Be a person of ability, integrity and standing and IV. Have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs of administration.
STATE COMISSION
SEC.16(1) provides that each state commission shall consist of:a) A person who is or has been a judge of a high court appointed by state gov.(in consultation with the chief justice of the high court ) who shall be its president. b) Not less then two and not more then such numbers of members, as may be prescribed one of who shall be a women who shall have the following qualification:-
CONT
a) Be not less than 35 years of age b) Possess a bachelors degree from a recognised university c) Be persons of ability, integrity, and standing and, d) have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs of administration
NATIONAL COMMISSION
SEC.20(1) provides that national commission should consist of :a) A person who is or has been a judge of the supreme court, to be appointed by the central government (in consultation with the chief justice of India) who shall be its president. b) Not less than 4 and not more then such number of members, may be prescribed and one of whom shall be a women who shall have the following qualifications namely:
CONT
a) Be not less than 35 years of age b) Possess a bachelors degree from a recognised university c) Be persons of ability, integrity, and standing and, d) have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs of administration
REQUISTIES OF A COMPLAINT
Who can file a complaint Where to file a complaint
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
Value of Goods / Service and Compensation Up to 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
Sr. No. 1) 2) 3)
4)
Rs.600
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.
Defects
Deficiencies