- THE CONSUMER
PROTECTION ACT.1986 ( COPRA) IS AN ACT OF PARLIAMENT
- THE CONSUMER
PROTECTION BILL 1986 WAS PASSED BY BOTH THE HOUSES OF PARLIAMENT AND
RECEIVED THE ASSENT OF THE PRESIDENT ON 24 TH DECEMBER 1986
- CAME ON THE
STATUTES BOOK AS THE CONSUMER PROTECTION ACT,1986 ( 68 OF 1986) AND CAME
INTO FORCE FROM 1 ST JULY 1987
- LIST OF AMENDMENT : THE CONSUMER PROTECTIONS AMENDMENT ACT 1991,1993 AND 2002
- REPLACED BY THE
CONSUMER PROTECTION ACT 2019
- MADE FOR THE
ESTABLISHMENT OF CONSUMER COUNCILS AND OTHER AUTHORITIES FOR THE SETTLEMENT CONSUMER'S GRIEVANCE AND FOR MATTERS CONNECTED
- SALIENT
FEATURES
- IT APPLIES TO
ALL GOODS AND SERVICES AND UNFAIR TRADE PRACTICES UNLESS SPECIFICALLY
EXEMPTED BY THE CENTRAL GOVERNMENT
- COVERS ALL
SECTOR PRIVATE,PUBLIC AND COOPERATIVE
- PROVIDES FOR
ESTABLISHMENT OF CONSUMER PROTECTION COUNCILS AT THE CENTRAL,STATE AND
DISTRICT LEVEL TO PROMOTE THE RIGHTS OF CONSUMERS AND A THREE TIER QUASI
JUDICIAL MACHINERY TO DEAL WITH CONSUMER’S GRIEVANCE AND DISPUTES
- PROVIDES
STATUTORY RECOGNITION TO THE SIX RIGHTS OF THE CONSUMERS.
- CONSUMER’ S
RIGHTS
- PROVIDE FOR SIX RIGHTS
- CONSUMER PROTECTIONS
COUNCILS SET UP UNDER THE ACT TO
PROMOTE AND PROTECT THE VARIOUS RIGHTS OF CONSUMERS.
- RIGHT TO SAFETY
: THE CONSUMER HAS A RIGHT TO BE PROTECTED AGAINST GOODS AND SERVICES
WHICH ARE HAZARDOUS TO LIFE AND HEALTH
- RIGHT TO BE
INFORMED :CONSUMER HAS A RIGHT TO HAVE COMPLETE INFORMATION ABOUT THE
PRODUCT HE INTENDED TO BUY INCLUDING THE INGREDIENTS,DATE OF
MANUFACTURE,PRICE,QUANTITY,PURITY,QUALITY,POTENCY ETC
CONSUMER’ S RIGHTS
3. RIGHT TO
CHOOSE : HAS THE FREEDOM TO CHOOSE FROM A VARIETY OF PRODUCTS AT COMPETITVE
PRICES
4. RIGHT TO BE
HEARD :HAS RIGHT TO FILE A COMPLAINTS AND TO BE HEARD IN CASE OF
DISSATISFACTION WITH A GOOD OR SERVICE.
5. RIGHT TO SEEL
REDRESSAL :-THE CONSUMER HAS A RIGHT TO GET THE RELIEF IN CASE THE PRODUCT OR
SERVICE FALLS SHORT OF HIS EXPECTATION. NUMBER OF RELIEF TO THE CONSUMER
INCLUDING REPLACEMENT OF THE PRODUCT,REMOVAL OF THE DEFECT,COMPENSATION PAID
FOR ANY LOSS OR INJURY SUFFERED.
·
RIGHT TO CONSUMER EDUCATION :THE CONSUMER HAS A
RIGHT TO ACQUIRE KNOWLEDGE AND TO BE WELL INFORMED CONSUMER THROUGHOUT THE
LIFE. HE SHOULD BE AWARE OF HIS RIGHTS AND RELIEF AVAILABLE TO HIM IN THE CASE
OF PRODUCT OR SERVICE FALLING SHORT OF HIS EXPECTATION
- CONSUMER
RESPONSIBILITIES
A CONSUMER SHOULD KEEP IN MIND THE FOLLOWING
RESPONSIBILITIES WHILE PURCHASING,USING AND CONSUMING GOODS AND SERVICES.
- BE AWARE ABOUT
VARIOUS GOODS AND SERVICES AVAILABLE IN THE MARKET SO THAT AN INTELLIGENT
AND WISE CHOICE CAN BE MADE.
- BUY ONLY
STANDARDIZED GOODS AS THEY PROVIDE QUALITY ASSURANCE. LOOK FOR ISI MARKS
ON ELECTRICAL GOODS,FPO MARKS ON FOOD PRODUCTS,HALL MARK ON
- LEARN ABOUT THE
RISK ASSOCIATED WITH PRODUCT AND SERVICES,FOLLOW MANUFACTURE’S
INSTRUCTIONS AND USE TE PRODUCTS SAFELY.
- READ LABELS
CAREFULLY SO AS TO HAVE INFORMATION ABOUT PRICES,NET WEIGHT ,MANUFACTURING
AND EXPIRY DATES ETC
- ASSERT YOURSELF TO GET A FAIR DEAL
- BE HONEST IN
YOUR DEALINGS . CHOOSE ONLY FROM LEGAL GOODS AND SERVICES AND DISCOURAGE UNSCRUPULOUS PRACTICES LIKE BLACK MARKETING,HOARDING ETC
- ASK FOR CASH
MEMO ON PURCHASE OF GOODS AND SERVICES AND THIS WOULD SERVE AS PROOF OF THE
PURCHASE
- FILE A
COMPLAINTS IN AN APPROPRIATE CONSUMER FORUM IN CASE OF SHORTCOMING IN THE
QUALITY OF THE GOODS
- FROM CONSUMER’S
SOCIETIES WHICH WOULD PLAY AN ACTIVE PART IN EDUCATING CONSUMERS AND
SAFEGUARDING THEIR INTERESTS.
- RESPECT THE
ENVIRONMENT. AVOID WASTE.LITERING AND CONTRIBUTING TO THE POLLUTION
- WAYS AND MEANS
OF CONSUMER PROTECTION
- SELF REGULATION BY BUSINESS : KEEPING IN LONG INTEREST BUSINESS MAKE AN EFFORTS TO SERVE
THE CUSTOMER WELL AND SOCIALLY RESPONSIBLE FIRMS FOLLOW ETHICAL STANDARDS
AND PRACTICES IN DEALING WITH THEIR CUSTOMERS. MANY ORGANIZATION HAVE SET
UP THEIR CUSTOMER SERVICES AND GRIEVANCE CELLS
- BUSINESS
ASSOCIATIONS :THE ASSOCIATIONS OF TRADE,COMMERCE ND BUSINESS LIKE
FEDERATION OF INDIAN CHAMBER OF COMMERCE OF INDIA( FICCI),CONFEDERATION OF
INDIAN INDUSTRIES HAVE LAID DOWN THEIR CODE OF CONDUCT WHICH LAY DOWN FOR
THEIR MEMBERS THE GUIDELINES IN THEIR DEALING WITH THE CUSTOMERS.
- A CONSUMER WHO
IS WELL INFORMED ABOUT HIS RIGHTS AND RELIEFS AVAILABLE TO HIM WOULD BE IN
POSITION TO RAISE HIS VOICE AND UNFAIR TRADE PRACTICE OR UNSCRUPULOUS EXPLOITATION.
- CONSUMER
ORGANIZATIONS :-PLAY A VERY SIGNIFICANT ROLE IN EDUCATING CONSUMERS ABOUT
THEIR RIGHTS AND PROVIDES PROTECTION
- GOVERNMENT :BY
ENACTING VARIOUS LEGISLATION. THE CONSUMER PROTECTION ACT 1986 PROVIDES
FOR THREE TIER MACHINERY AT THE DISTRICT LEVEL,STATE AND NATIONAL LEVEL
SIGNIFICANT DEFINITIONS
- MEANING OF
CONSUMER:
- A PERSON SHALL BE TERMED AS A CONSUMER
IF:
- HE BUYS GOODS
OR HIRES FOR A CONSIDERATION OF PERSONAL USE( BUT DOES NOT INCLUDE A
PERSON WHO OBTAINS FOR RESALE OR ANY COMMERCIAL PURPOSE.
- HE USES GOODS
WITH THE APPROVAL OF THE BUYER
- HE OBTAINS
GOODS ON HIRE PURCHASE AND LEASE
- HE HIRES OR
AVAILS SERVICES FOR CONSIDERATION
- HE USES THE
SERVICES WITH PERMISSION OF PERSON WHO HIRED THE SERVICES
- OBTAINS
SERVICES ON DEFERRED PAYMENTS BASIS( HIRE PURCHASE OR LEASE)
- HE BUYS GOODS
OR HIRES SERVICES EXCLUSIVELY FOR THE PURPOSE OF EARNING THE LIVELIHOOD AS
SELF EMPLOYMENT
- BRIEF UNDERSTANDING
OF CONSUMER
- UNDER A
CONSUMER PROTECTION ACT A CONSUMER IS :
- ONE WHO BUYS
THE GOODS OR SERVICES FOR SOME VALUE
- ANY USERS OF
SUCH GOODS OR BENEFICIARY OF SERVICES WITH THE APPROVAL OF THE BUYER
- ANY PERSON WHO
USES GOODS BOUGHT OR SERVICES HIRED FOR EARNING LIVELIHOOD BY SELF
EMPLOYMENT
5. THE COMPLAINT
MUST BE FILED WITH IN TWO YEARS OF THE PURCHASE OF THE GOODS AND SERVICES.
- WHO IS NOT
CONSUMER
- ONE WHO BUYS
GOODS FOR COMMERCIAL PURPOSE
- NOT PURCHASED
THE GOODS AND SERVICES
- SIGNIFICANT
DEFINITIONS
- WHO CAN FILE A
COMPLAINT( 2(1)(b)
- COMPLAINTANT
MEANS:-
- A CONSUMER,OR
- ANY VOLUNTARY
CONSUMER ASSOCIATION REGISTERED UNDER COMPANIES ACT 1956 OR ANY OTHER LAW
- THE CENTRAL
GOVT/STATE GOVT
- ONE OR MORE
CONSUMERS
- IN CASE OF
DEATH OF CONSUMER,HIS LEGAL HEIR OR REPRSENTATIVE
- COMPLAINT
- MEANS ANY
ALLEGATION IN WRITING MADE BY A COMPLAINANT THAT
- AN UNFAIR TRADE
PRACTICE/RESTRICTIVE TRADE PRACTICE
- DEFECTIVE GOODS
- DEFICIENCY IN
SERVICE
- CHARGING OF
EXCESS PRICE FOR GOODS AND SERVICES
- OFFERING OF
GOODS AND SERVICES THAT ARE HAZARDOUS TO LIFE AND SAFETY
- AGAINST WHOM A
COMPLAINTS CAN BE FILED
- THE SELLER
,MANUFACTURER OR DEALER OF THE GOODS WHICH ARE DEFECTIVE. DEFECT IN GOODS
MEANS ANY FAULT,IMPERFECTION OR SHORTCOMING IN THE QUANTITY,QUALITY OR
PURITY
- THE PROVIDERS
OF SERVICES IF THEY ARE DEFICIENT IN ANY MANNER. DEFICIENCY IN SERVICES MEANS ANY IMPERFECTION,SHORT COMING OR INADEQUACY ON THE QUALITY,NATURE
AND MANNER OF PERFORMANCE OF SERVICES.
- RELIEFS
AVAILABLE TO A CONSUMER
- THE REMOVAL OF
THE DEFECT IN GOODS OR DEFICIENCY
INS SERVICE
- THE REPLACEMENT
OF DEFECTIVE PRODUCT WITH A NEW ONE ,FREE FROM ANY DEFECT
- THE REFUND OF
PRICE PAID FOR THE PRODUCT OR CHARGES PAID FOR THE SERVICES
- THE PAYMENT OF
REASONABLE AMOUNT OF COMPENSATION FOR ANY LOSS OR INJURY SUFFERED BY THE
CONSUMER
- TO DISCONTINUE
THE EXPLOITATIVE UNFAIR TRADE PRACTICES AND NOT TO REPEAT THE IN THE
FUTURE
- RELIEFS
AVAILABLE TO A CONSUMER
- NOT TO OFFER
HAZARDOUS GOODS FOR SALE
- THE WITHDRAWAL OF HAZARDOUS GOODS FOR SALE
- THE PAYMENT OF
ANY AMOUNT ( NOT LESS THAN 5% OF THE VALUE OF DEFECTIVE GOODS OR DEFICIENT SERVICES PROVIDED ) TO BE CREDITED TO CONSUMER WELFARE FUND OR ANY OTHER
ORGANIZATION
- ISSUING OF
CORRECTIVE ADVERTISEMENT TO NEUTRALIZE THE EFFECT OF MISLEADING
ADVERTISEMENT
- PAYING ADEQUATE
COSTS TO APPROPRIATE PARTY.
- SIGNIFICANT
DEFINITIONS
- UNFAIR TRADE
PRACTICE:- MEANS TO ADOPT A FAULTY
WAY TO GAIN EXCESS PROFIT BY A TRADER. FOR EXAMPLE TO PROVIDE WRONG
INFORMATION ABOUT GODS AND SERVICES.
- TO LAUNCH GIFT
SCHEMES( DESPITE EITHER THE COST OF THE GIFT ITEM IS ADDED TO ORIGINAL
COST OF THE PRODUCT OR THE QUALITY IS COMPROMISED
- TO NOT FOLLOW THE PRESCRIBED STANDARD
- TO RESORT TO
HOARDING I.E EVEN IN CASE OF THE AVAILABILITY OF THE PRODUCT NOT SELLING
TO THE CONSUMER
- SIGNIFICANT
DEFINITIONS
- RESTRICTIVE
TRADE PRACTICES MEANS SELLING GOODS AND SERVICES ON SOME CONDITIONS TO
CONSUMER BY THE TRADERS. FOR EXAMPLE A CAR SELLER ON THE CONDITION THAT
ALONG WITH PURCHASE OF THE CAR ONE HAS TO BUY INSURANCE POLICY.
- A GAS AGENCY
FORCES TO BUY GAS STOVE WITH GAS CONNECTION
- REDRESSAL
MACHINERY
- THREE TIER
JUDICIAL MACHINERY
- DISTRICT FORUM
- STATE FORUM
- NATIONAL FORUM
- DISTRICT FORUM
- A STATE
GOVERNMENT IS EMPOWERED TO ESTABLSIH A CONSUMER REDRESSAL AGENCY AT THE
DISTRICT LEVEL
- DISTRICT FORUM WILL CONSISTS ONE PRESIDENT AND TWO MEMBERS ONE OF WHOM SHALL BE A WOMEN
- THE PRESIDENT
WILL BE A PERSON WHO IS HAS BEEN QUALIFIED TO BE DISTRICT JUDGE
- CAN ENTERTAIN
THE COMPLAINTS WHERE THE VALUE O GOODS AND SERVICES DOES NOT EXCEED RS 20 LACS
- THE DISTRICT
FORUM FORWARD THE COMPLAINTS TO THE OPPOSITE PARTY AND SENDS THE SAMPLE OF
GOODS FOR TESTING TO A LABORATORY IF NEED BE
- THE ORDER IS
GIVEN ON THE BASIS OF LABORATORY REPORT AND AFTER HEARING THE OPPOSITE
PARTY
- IN CASE THE COMPLAINANT IS NOT SATISFIED WITH THE DISTRICT FORUM HE CAN APPEAL BEFORE
STATE COMMISSION WITH IN 30 DAYS
- WITH IN THE
LOCAL LIMITS OF WHOSE JURISDICTION
- OPPOSITE PARTY
RESIDES OR BUSINESS/BRANCH OFFICE
- QUALIFICATION:-
- NOT LESS THAN
35 YEARS
- BACHELOR’S
DEGREE FROM A RECOGNIZED UNIVERSITY
- BE A PERSON OF
ABILITY,INTEGRITY AND STANDING AND HAVE ADEQUATE KNOWLEDGE AND EXPERIENCE
OF AL LEAST TEN YEARS IN DEALING WITH PROBLEMS RELATING TO ECONOMICS,LAW,ACCOUNTANCY,INDUSTRY,PUBLIC
AFFAIRS OR ADMINISTRATION
- DISTRICT
FORUM/DISTRICT COMMSSION
- DISQUALIFICATION
- CONVICTED AND
SENTENCED TO IMPRISONMENT OR
- UNDISCHARGED
INSOLVENT OR
- UNSOUND MIND OR
- REMOVED OR
DISMISSED
- OTHER
DISQUALIFICATION
- STATE COMMISSION
- ESTABLISHMENT
OF STATE CONSUMER DISPUTES REDRESSAL COMMISSION BY STATE GOVT BY
NOTIFICATION
- COMPOSITION:- EACH STATE COMMISSION SHOULD CONSIST OF :-
- PERSON WHO IS OR HAS BEEN A JUDGE OF HIGH COURT APPOINTED BY SG( WITH
CONSULTATION WITH CHIEF JUSTICE OF HIGH COURT) AS A PRESIDENT
- NOT LESS THAN
TWO AND NOT MORE THAN SUCH NUMBER OF MEMBERS AS MAY BE PRESCRIBED AND ONE
OF THEM MUST BE A WOMEN AND QUALIFICATION OF THE MEMBERS:-
- NOT LESS THAN
THIRTY FIVE YEARS OF AGE
- POSSESS A
BACHELOR’S DEGREE FROM A RECOGNIZED UNIVERSITY
- BE A PERSON OF ABILITY,INTEGRITY AND
STANDING AND HAVE ADEQUATE KNOWLEDGE AND EXPERIENCE OF AT LEAST 10 YEAR
DEALING WITH ACCOUNTANCY,ADMINISTRATION,PUBLIC AFFAIRS
- STATE
COMMISSION
- DISQUALIFICATION
- CONVICTED AND
SENTENCED TO IMPRISONMENT OR
- UNDISCHARGED
INSOLVENT OR
- UNSOUND MIND OR
- REMOVED OR
DISMISSED
- OTHER
DISQUALIFICATION
- STATE
COMMISSION
- EVERY MEMBERS
OF THE STATE COMMISSION SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS OR UP
TO AGE OF SIXTY FIVE YEARS WHICH EVER IS EARLIER
- ELIGIBLE FOR
REAPPOINTMENT
- JURISDICTION:-
- VALUE OF THE
GOODS AND SERVICES AND COMPENSATION
IF ANY CLAIMED EXCEEDED TWENTY LACS AND NOT EXCEED ONE CRORE
- APPEALS AGAINST
THE DISTRICT FORUM
- TO CALL FOR
RECORDS AND PASS APPROPRIATE ORDERS
- NATIONAL
- SEC 9 DEALS
WITH FORMATION OF NATIONAL COMMISSION BY THE CENTRAL GOVT
BY NOTIFICATION
- SEC 20 (1)
- A PERSON WHO IS
OR HAS QUALIFIED TO BE JUDGE OF SUPREME COURT AS PRESIDENT
- FOUR OTHER
MEMBERS ,ONE OF WHOM SHALL BE WOMEN
·
HOLD OFFICE FOR A PERIOD OF FIVE YEARS OR UP TO
70 YEARS
- QUALIFICATION:-
- NOT LESS THAN
35 YEARS
- BACHELOR’S
DEGREE FROM A RECOGNIZED UNIVERSITY
- BE A PERSON OF
ABILITY,INTEGRITY AND STANDING AND HAVE ADEQUATE KNOWLEDGE AND EXPERIENCE
OF AL LEAST TEN YEARS IN DEALING WITH PROBLEMS RELATING TO
ECONOMICS,LAW,ACCOUNTANCY,INDUSTRY,PUBLIC AFFAIRS OR ADMINISTRATION
- NATIONAL
COMMISSION
- DISQUALIFICATION
- CONVICTED AND
SENTENCED TO IMPRISONMENT OR
- UNDISCHARGED
INSOLVENT OR
- UNSOUND MIND OR
- REMOVED OR
DISMISSED
- OTHER
DISQUALIFICATION
- JURISDICTION
- SEC 21
- VALUE OF THE
GOODS OR SERVICES EXCEED ONE CRORE
- TO ENTERTAIN
APPEALS
- TO CALL FOR
RECORDS AND PASS APPROPRIATE ORDERS
- APPEAL TO
SUPREME COURT
- LIMITATION
PERIOD
- WITH IN TWO
YEARS FROM THE DATE ON WHICH THE CAUSE OF THE ACTION HAS ARISEN
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