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Consumer Day1
Consumer Day1
Consumer Day1
PROTECTION ACT
INTRODUCTION
• The Consumer Protection Act, 1986 has been enacted to
provide for the establishment of consumer councils and other
authorities for the settlement of consumers’ disputes and for
matters connected therewith.
• In fact, the basic motive of enacting this important Act is to
provide cheaper and speedy remedies to the consumers who
are in disadvantageous position in comparison with the traders
who are well organized and rule the market.
• The Consumer Protection Act, 1986’ extends to the whole of
India and save as otherwise expressly provided by the Central
Government, this Act shall apply to all goods and
• services irrespective of the sources it has come i.e. whether it
is public, private, co-operative or Government
• [Section 1]. The Act has come into force on 15.4.1987*
• The objects of the Act are as follows:
• 1. Better protection of interests of consumers. The Act seeks to provide
for better protection of the interests of consumers. For that purpose, the
Act makes provision for the establishment of Consumer Councils and
other authorities for the settlement of consumer disputes and for
matters connected therewith.
• 2. Protection of rights of consumers. The Act seeks, inter alia, to
promote and protect the rights of consumers such as—
• a) The right to be protected against marketing of goods or services which
are hazardous to life and property ;
• b) The right to be informed about the quality, quantity, potency, purity,
standard and price of goods or services so as to protect the consumers
against unfair trade practices ;
• c) The right to be assured, wherever possible, access to goods and
services at competitive prices ;
• d) The right to be heard and to be assured that consumers' interest will
receive due consideration at appropriate forums
• e) The right to seek redressal against unfair trade
practices or restrictive trade practices or
• unscrupulous exploitation of consumers ; and
• f) Right to consumer education.
• 3. Consumer Protection Councils. The above objects are
sought to be) promoted and protectedby the Consumer
Protection Councils established at the Central and State
levels.
• 4. Quasi-Judicial machinery for speedy redressal of
consumer disputes. The Act seeks seekrovide speedy
and simple redressal to consumer disputes. For this
purpose, there has been set up a quasi-judicial
machinery at the district, State and Central levels.
DEFINITIONS
• COMPLAINANT Sec. 2(1) (13)
• “Complainant” means-
• (i) a consumer; or
• (ii) 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
• (iii) the Central Government or any State Government, who or which makes a complaint;
• (iv) one or more consumers, where there are numerous consumers having the same interest
• (v) in case of death of a consumer, his legal heir or representative*”
• (i) Consumer of goods buys any goods for a consideration which has been paid or promised or partly
• paid and partly promised, or under any system of deferred payment and includes any user of such goods
• other than the person who buys such goods for consideration paid or promised or partly paid or partly
• promised, or under any system of deferred payment when such use is made with the approval of such
• person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
•
• (ii) Consumer of services hires or avails of any services for a consideration which has been paid or
• promised or partly paid and partly promised, or under any system of deferred payment and includes any
• beneficiary of such services other than the person who hires or avails of the services for consideration paid
• or promised, or partly paid and partly promised, or under any system of deferred payment, when such
• services are availed of with the approval of the first mentioned person;”