Consumer Protection Act

THE CONSUMER PROTECTION ACT, 1986 Though consumer is the purpose and most powerful motivating force of production, yet at the same time consumer is equally vulnerable segment of the whole marketing system. Attempts have been made to guard the interest of the consumer in a sporadic representation till 1986, when Government of India enacted a comprehensive legislation-Consumer security measure Act, to safe guard the interest of the consumer than ever before.The Consumer Protection Act, 1986, applies to all goods and service, excluding goods for resale or for commercial purpose and go rendered free of charge and under a contract for personal service. The provisions of the Act are compensatory in nature. It covers public, private, joint and cooperative sectors. The Act enshrines the rights of the consumer such as right to safety, right to be informed, right to be heard, and right to choose, right to seek redressal and right to consumer education.ConsumerA consumer is any person who bu ys any goods for a musing and user of such goods where the use is with the approval of buyer, any person who hires/avails of any service for a consideration and any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment. GoodsGoods mean any movable property and also include shares, hardly do not include any auction able claims.ServiceService of any description such as banking, insurance, transport, processing, housing construction, supply of electrical energy, entertainment, scorecard or lodging. Nature of complaint a)Any unfair trade practice or restrictive trade practice adopted by the trader b) sorry goods b)Deficiency in service c)Excess price charged by the trader d)Unlawful goods sale, which is hazardous to life and safety when used Consumer CourtsA three-tier-system a) internal Consumer Dispute Redressal Commission claims above Rs. 0 lakh (a)Consumer Dispute Redressa l Commission or State CommissionClaims from Rs 5 to 20 lakh. (a)Consumer Dispute Redressal Forum or District ForumClaims upto Rs 5 Lakh ComplaintA complaint, hand written or typed, can be filed by a consumer, a registered consumer organisation, primal or state Government and one or more consumers, where there are numerous consumers having the same interest. No stamp or court slant is needed. The nature of complaint must be clearly mentioned as well as the relief sought by the consumer. It must be in quadruplicate in district forum or state commission.Else, additional copies are required to be filed. Grant of relief (a)Repair of spoiled goods (b)Replacement of defective goods (c)Refund of the price paidfor the defective goods or service (d)Removal of deficiency in service (e)Refund of extra money charged (f)drug withdrawal ofgoods hazardous to life and safety (g)Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party (h)Adequate cost of register and pursuing the complaint Normally, complaints should be decided within 90 days from the date of notice issued to the opposite party.Where a sample of any goods is required to be tested, a complaint is required to be disposed of within 150 days it may take more time due to practical problems. Consumer Protection CouncilsCouncils have been setup in all states and at the center to promote and protect the rights and interest of consumers. These councils are advisory in nature and can bump important role in recommending consumer oriented policies to the state and central Government.