1986
Consumer is the king of the market
This act was enacted in the 37th year of the Republic of India and
was amended from time to time in the following years i.e. 1991,
1993 and 2002.
INTRODUCTION
Consumer Protection Act(
), 1986 is an Act of the Parliament of
India enacted in 1986 to protect the interests of
consumers in India.
Right to Right to
choice be
informed
Rights of
consumer
Right to
Right to
consumer
be heard
education
Right to
redressal
RIGHT TO SAFETY
Right to be protected against marketing of goods
and services which are hazardous to life and
property.
applicable to specific areas like healthcare,
pharmaceuticals and food processing.
RIGHT TO BE INFORMED
The right to be informed about the quality, quantity,
purity, standard and price of goods or services, so as
to protect the consumer against unfair trade practices.
RIGHT TO CHOOSE
the right to be assured, wherever possible,
to have access to a variety of goods and
services at competitive prices.
RIGHT TO BE HEARD
the right to be heard and to be assured
that consumer's interests will receive due
consideration at appropriate forums.
RIGHT TO SEEK REDRESSAL
The right to seek redressal against unfair trade
practices or restrictive trade practices or exploitation
of consumers is referred to as the right to redressal.
Fox, who lived in Birmingham, Alabama, claimed she used Baby Powder and
Shower to Shower for feminine hygiene for more than 35 years before being
diagnosed three years ago with ovarian cancer. She died in October at age 62.
Jurors found Johnson & Johnson liable for fraud, negligence and conspiracy, the
family's lawyers said. Deliberations lasted four hours, following a three-week trial.
Jere Beasley, a lawyer for Fox's family, said Johnson & Johnson "knew as far back
as the 1980s of the risk," and yet resorted to "lying to the public, lying to the
regulatory agencies." He spoke on a conference call with journalists.
CONSUMER GRIEVANCES : SUCCESS CASES
Kanta Bhakta, Mumbai V/s A Jeweller in Dadar, Mumbai
On March 18, 2011, Kanta Bhakta purchased a pair of bangles and a single
bangle from a jeweller in Dadar. They were declared to be of 22 carat gold
purity and accordingly she was charged for gold of 22 carat purity plus an
additional amount as making charges. After the purchase, the bangles were
keptinherlocker.BothduringDiwali2010andatthemarriageofarelative,
herdaughterusedthebangles.Bycoincidence,thecomplainantcameacross
theX-raygoldtestingfacilityofTanishqJewellerswhowereofferingtocheck
the purity of gold through an X-ray test which was non-destructive. Out of
sheer curiosity, she had the bangles tested and to her utter disbelief, found
outthattheywereoflessthan17caratpurityandnot22carat,ashadbeen
represented at the time of the sale. Shaken by this discovery, she
immediatelyvisitedthejewellerfromwhomshehadboughtthebanglesalong
withthecashmemo.Herefusedtoacceptherclaimandhereffortstoreason
with him were in vain. So she came to the CFBP who, with the help of its
LegalCell,draftedacomplaintforhertofileintheConsumerCourt.Anotice
was sent to the jeweller giving him a lastchance to settle thematterbefore
theConsumerCourtwasmoved.
"The jeweller rushed to settle the matter with me and the complaint was
resolved to my satisfaction."
-Kanta Bhakta
Kailash Vasdev, New Delhi V/s Bajaj
Electricals Ltd., Mumbai
Kailash Vasdev purchased a 30 ltr. Morphy Richards
Microwave Oven on September 12, 2010. During February
2011, one of the safety locks on the door snapped. It was
sent to the Delhi service centre for repairs. After continuous
follow up, the door was not replaced as the service centre
said that it was not available and nothing could be done
until the part was received from the company. Frustrated by
this casual approach to the resolution of his grievance, he
complained to the CFBP during April 2011.
- Kailesh Vasudev
WHO CAN MAKE A COMPLAINT ?
a consumer or
any voluntary consumer association registered under the
Companies Act, 1956 (1 of 1956), or under any other law for
the time being in force; or
the Central Government or any State Government, who or
which makes a complaint; or
one or more consumers, where there are numerous consumers
having the same interest;
In case of death of a consumer, his legal heir or representative.
Section 2 (b) defines complainant as a consumer, a
voluntary consumer association formed under
companies act, 1957, central or state government, one
or more consumer having common interest or legal
heir or representative in case death of consumer who
files the complaint.
Section 2 (c) defines complaint as allegation in writing made
by the complainant. This allegation may include:
I. Unfair or restrictive trade practice that is quality of the good is below standard
prescribed for the same.
II. Goods bought suffer from defects and these may include spurious goods that are
these goods are not genuine or are fake or imitated copies.
III. Services that are hired or to be availed suffer from some deficiency.
IV. In case price charged for the goods are in excess to the price displayed on the cover
or price fixed for the same by virtue of law in force or price agreed by the parties.
V. In case the goods offered are in contravention to the prescribed safety standards or
are risk to safety of consumer or the trader could have known after exercising due
diligence that goods offered are unsafe.
CENTRAL COUNCIL
STATE COUNCIL
DISTRICT COUNCILS
The Central Consumer Protection Council.
(1) The Central Government shall, by notification,
establish with effect from such date as it may specify in
such notification, a Council to be known as the Central
Consumer Protection Council (hereinafter referred to as
the Central Council).
(2) The State Council shall consist of the following members, namely:
(a) the Minister incharge of consumer affairs in the State Government who
shall be its Chairman;
(b) such number of other official or non-official members representing such
interests as may be prescribed by the State Government.
(csuch number of other official or non-official members, not exceeding ten, as
may be nominated by the Central Government.
(3) The State Council shall meet as and when necessary but not less than two
meetings shall be held every year.
(4) The State Council shall meet at such time and place as the Chairman may think
fit and shall observe such procedure in regard to the transaction of its business as
may be prescribed by the State Government.
The State Government shall establish for every district, by notification, a
council to be known as the District Consumer Protection Council with effect
from such date as it may specify in such notification.
(2) The District Consumer Protection Council (hereinafter referred to as the District
Council) shall consist of the following members, namely:
The Collector of the district (by whatever name called), who shall be its Chairman;
and Such number of other official and non-official members representing such
interests as may be prescribed by the State Government.
(3) The District Council shall meet as and when necessary but not less than two
meetings shall be held every year.
(4) The District Council shall meet at such time and place within the district as the
Chairman may think fit and shall observe such procedure in regard to the
transaction of its business as may be prescribed by the State Government.
Redressal agency
District forum
State commission
National commission
Original Complaint in Consumer Dispute Redressal Forum
The complainant on the basis of territorial jurisdiction can file compliant within 2
years from the date of cause of action when arose.