Professional Documents
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Fms-Health Laws-Consumer Protection Act
Fms-Health Laws-Consumer Protection Act
OF BUSINESS
Dr. Shachi Yadav
Consumer Protection Act,
2019
• Consumer Protection Act, 2019 is an Act of
the Parliament of India. It repeals and replaces
the Consumer Protection Act, 1986.
• The Consumer Protection Bill, 2019 was introduced in
the Lok Sabha on 8 July 2019 by the Minister of
Consumer Affairs, Food and Public Distribution, Ram
Vilas Paswan. It was passed by Lok Sabha on 30 July
2019 and later passed in Rajya Sabha on 6 August
2019.
• The bill received assent from President Ram Nath
Kovind on 9 August, and was notified in The Gazette of
India on the same date. The Act is expected to come into
effect by November 2019. 2
Difference Between CPA 1986
and CPA 2019
3
Today’s Discussion:
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Laws Protecting Consumer Interests
Ethics &
Some of the laws which were passed during
the British regime concerning consumer
CSR
interests are:
• The Indian Contract Act of 1872,
• The Sale of Goods Act of 1930,
• The Indian Penal Code of 1860,
• The Drugs and Cosmetics Act of 1940,
• The Usurious Loans Act of 1918, and the
Agriculture Procedure (Grading and
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Marketing Act) of 1937.
Laws Protecting Consumer Interests
Ethics &
For a long time, the Sale of Goods Act of
1930 [SGA] was the exclusive source of
CSR
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CHAPTER 1(Sec 1-3) – PRELIMINARY:
1. Short title, extent, commencement and
application.—
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification, appoint and different dates may be appointed
for different States and for different provisions of this Act.
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Sec 2: Definitions
• Consumer is one who
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CASE
• Anand runs a laundry shop. He bought a washing
machine from an electronics shop for using in
his shop. The machine was installed in his shop.
The machine was defective from the time it was
delivered.
Is Anand a consumer?
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JUDGEMENT: SUPREME COURT
• The explanation reduces the question, what is a
"commercial purpose", to a question of fact to
be decided in the facts of each case. It is not
the value of the goods that matters but the
purpose to which the goods bought are put to.
The several words employed in the explanation,
viz., "uses them by himself", "exclusively for the
purpose of earning his livelihood" and "by means
of self-employment" make the intention of
Parliament abundantly clear, that the goods
bought must be used by the buyer himself, by
employing himself for earning his livelihood. …
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Cont…
• A person who purchases an auto-rickshaw to ply
it himself on hire for earning his livelihood
would be a consumer. Similarly, a purchaser of
a truck who purchases it for plying it as a public
carrier by himself would be a consumer. A
person who purchases a lathe machine or other
machine to operate it himself for earning his
livelihood would be a consumer.
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Cont…
• As against this a person who purchases an auto-
rickshaw, a car or a lathe machine or other
machine to be plied or operated exclusively by
another person would not be a consumer. This is
the necessary limitation flowing from the
expressions "used by him", and "by means of
self-employment" in the explanation. The
ambiguity in the meaning of the words "for the
purpose of earning his livelihood" is explained
and clarified by the other two sets of words.
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Deficiency - Service
• ‘Deficiency’ means
– a fault, imperfection, shortcoming or inadequacy in
quality, nature, or manner of performance than is
required.
• ‘Service’ includes
– service in connection with banking, financing,
insurance, transport, processing, supply of electrical
and other energy, boarding or lodging, housing
construction, entertainment, amusement or
purveying of news and other information
– but does not include any service free of charge or
under a personal contract.
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What is a Complaint?
• An allegation in writing by a complainant that:
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Councils ( Chapter II)
Central Council
State Council
District Council
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# District State National
District Forum
State Commission
National Commission.
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# District State National
1 President A person who is/ has A person who is or has A person who is/ has
been qualified to be been a Judge of a been a Judge of the
a District Judge as High Court, appointed Supreme Court, as its
its President. by the SG, as its President.
President.
2 Members In addition, two No less than two, and No less than 4 & no
other members. No more than such more than such no.
number of members, of members as may
as may be prescribed. be prescribed.
3 Mandatory One of the members One of the members One of the members
Member shall be a woman. shall be a woman. shall be a woman.
4 Term Term of 5 years or up Term of 5 years or up Term of 5 years or up
to the age of 65 years to the age of 67 years to the age of 70 years
which ever is earlier. which ever is earlier. which ever is earlier.
5 Jurisdiction Claims does not Claims exceeding Rs. Claims exceeding Rs.
Rights exceed Rs.20 Lakhs 20 Lacs but does not 1 Cr.
exceed Rs.1 Cr.
6 Appellate Appeals against the Appeals against the
orders of any District orders of any State
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Forum within the Commission
State
A District Forum shall have the powers
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QUESTIONS??
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