CONSUMER PROTECTION ACT SEEMA RAWAT-SPPSPTM Objects of the Act To provide for better protection of the interest of the consumers To provide for the establishment of Consumer Councils and other authorities with a view to meeting these objectives To empower the Consumer Councils and other authorities to settle costumers’ disputes and the matters connected therewith. The Act extends to the whole of India except the State of Jammu and Kashmir.
RIGHTS OF A CONSUMER Right to choose Right to be heard Right to Safety Right to be informed Right for redressal Right to consumer education RIGHTS OF A CONSUMER(Objects of the ouncil- S-6) Right to safety This right pertains to the right of the consumer to be protected against the marketing of goods and services, which are hazardous to life and property. The consumer has been granted the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services, as the case may be, with a view to protecting the interest of the consumer against any type of unfair trade practices.
The consumer has the right to choose, i. e. to be assured, wherever possible, access to a variety of goods and services at competitive prices. In the case of monopolies, like railways, telephones, and so on, it means the right to be assured of satisfactory quality and services at a fair price. Under this right, the interests of the consumers will receive due consideration at the appropriate forum. It also includes the right to be represented in different forums formed for the consideration of the welfare of the consumers.
Right to redressal This right pertains to the right of the consumer to seek redressal against unfair practices or restrictive trade practices, or unscrupulous exploitation of the consumers. It also includes the right to a fair settlement of the enuine grievances of the consumers. This right confers the right to the consumers to acquire the knowledge and skill to become an informed consumer. CONSUMER?
Section 2(d) of the Consumer Protection Act says that consumer means any person who??” (i) 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 erson, but does not include a person who obtains such goods for resale or for any commercial purpose; or (it) 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; Explanation. ”For the purposes of the sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of selfemployment. CONSUMER of Goods s-2(d) THE GOODS ARE BOUGHT FOR ANY PERSON WHO USE THE GOODS WITH THE APPROVAL OF THE BUYER IS A CONSUMER ??? There must be a sale transaction between a seller and a buyer; the sale must be of goods; the buying of goods must be for consideration ??? Dinesh Bhagat v. Bajaj Auto Ltd. (1992) Ill CPJ 272 ANY PERSON WHO OBTAINS THE GOODS FOR ‘RESALE’ OR COMMERCIAL PURPOSES’ IS NOT A CONSUMER ??? Smt. Pushpa Meena v. Shah Enterprises (Rajasthan) Ltd. (1991) 1 CPR 229(Jeep used as Taxi) ??? The Computer system made part of the assets of the company, and its expenses were met by it out of business income, thus commercial purpose.
PERSON BUYING GOODS FOR SELF EMPLOYMENT IS A CONSUMER When good are bought for commercial purposes and such purchase satisfy the following ??? criteria : the goods are used by the buyer himself exclusively for the purpose of earning his livelihood – by means of selfemployment ??? Can employ one or two persons & still be a consumer Consumer of services S-2(d) SERVICES ARE HIRED OR AVAILED OF ??? Smt. Laxmiben Laxmichand Shah v. Smt. Sakerben Kanji Chandan  1 Comp. LJ 177 (NCDRC-lease of immovable property and not of hiring services of the landlord. CONSIDERATION MUST BE PAID OR PAYABLE ???Byford v. S. S. Srivastava (1993) II CPR 83 (NCDRC)B issued an advertisement that a person could enter the contest by booking a Premier Padmini car. S purchased the car and thus entered the contest.
He was declared as winner of the draw and was tnus entltlea to tne two tickets Trom New Delnl to New York ana DacK. S complaint alleging that the ticket was not delivered to him. The National Commission held that S was not a consumer in this context. He paid for the car and got it. B was not liable so far as the contract of winning a lottery was concerned. BENEFICIARY OF SERVICES IS ALSO A CONSUMER ??? S applied to Electricity Board for electricity connection for a flour mill. There was a delay in releasing the connection. S made a complaint for deficiency in service. He was held a consumer under the Act. – Shamsher Khan v. Rajasthan State Electricity Board (1993) II CPR 6 (Raj.
CONSUMER DISPUTES REDRESSAL Complaint Section 2(1)(c) – Complaint is a statement made in writing to the National Commission, the State Commission or the District Forum by a person ompetent to file it, containing the allegations in detail, and with a view to obtain relief provided under the Act COMPLAINANT Consumer-where a young child is taken to the hospital by his parents and the child is treated by the doctor, the parents of such a minor child can file a complaint under the Act – Spring Meadows Hospital v. Harlot Ahluwalia JT 1998(2) SC 620 Heir of deceased consumer State NGO Complaint must contain-section 2(1)(c) An unfair trade practice or a restrictive trade practice has been adopted byany trader; ??? A solo a SIX montns 010 car to B representing It to De a new one omplaint against A for following an unfair trade practice. The goods bought by him or agreed to be bought by him suffer from one or more defects; . Here B can make a ??? A bought a computer from B. It was not working properly since day one. A can make a complaint against B for supplying him a defective computer.
The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect. ??? A hired services of an advocate to defend himself against his landlord. The advocate did not appear every time the case was scheduled. A can make a complaint against the advocate. A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods. ??? A bought a sack of cement from B who charged him Rs. 100 over and above the reserve price of the cement declared by the Government. Here A can make a complaint against B.
PROCEDURE S-13- District Forum S-18- state s-22-Nattonal (s 13 or 5 months) Laboratory Test Required to determine defect in Goods No Laooratory lest defect in Goods or complaint refers to Services The District Forum should efer a copy of the complaint to the opposite party directing him to give his version of the case within a period of thirty days which can be extended to forty five days If disputes- then pay fees and refer to Appropriate Lab- 55 days APPROPRIATE LABORATORY Section 2(1)(a) of the Act defines an “appropriate laboratory’ as a laboratory or organisation??” (i) recognised by the Central Government; recognised by a State Government, subject to such guidelines as may be prescribed by the Central Government in this behalf; or (iii) any such laboratory or organisation established by or under any law for the time eing in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect National Commission S 22 (a) the name, description and the address of the complainant; (b) the name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained; (c) tne Tacts relatlng to tne complalnt ana wnen ana wnere It arose; (0) documents In support of the allegations contained in the complaint; (e) the relief which the complainant claims