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    Module-6 BL

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    dennis mavis
    The Consumer Protection Act was enacted in 1986 to better protect consumer interests and establish consumer councils and authorities to resolve disputes. It defines a consumer as someone who purchases goods or services and outlines complaints around unfair trade practices, defective goods or services, excessive pricing, or hazardous products. The Act establishes consumer dispute resolution bodies at the district, state, and national levels to hear complaints within two years of the issue arising. It also outlines consumers' rights to protection, information, choice, representation, and education.

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    Module-6 BL

    Uploaded by

    dennis mavis
    28 views14 pages
    The Consumer Protection Act was enacted in 1986 to better protect consumer interests and establish consumer councils and authorities to resolve disputes. It defines a consumer as someone who purchases goods or services and outlines complaints around unfair trade practices, defective goods or services, excessive pricing, or hazardous products. The Act establishes consumer dispute resolution bodies at the district, state, and national levels to hear complaints within two years of the issue arising. It also outlines consumers' rights to protection, information, choice, representation, and education.

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    module-6 BL

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    The Consumer Protection Act was enacted in 1986 to better protect consumer interests and establish consumer councils and authorities to resolve disputes. It defines a consumer as someone who purchases goods or services and outlines complaints around unfair trade practices, defective goods or services, excessive pricing, or hazardous products. The Act establishes consumer dispute resolution bodies at the district, state, and national levels to hear complaints within two years of the issue arising. It also outlines consumers' rights to protection, information, choice, representation, and education.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    28 views14 pages

    Module-6 BL

    Uploaded by

    dennis mavis
    The Consumer Protection Act was enacted in 1986 to better protect consumer interests and establish consumer councils and authorities to resolve disputes. It defines a consumer as someone who purchases goods or services and outlines complaints around unfair trade practices, defective goods or services, excessive pricing, or hazardous products. The Act establishes consumer dispute resolution bodies at the district, state, and national levels to hear complaints within two years of the issue arising. It also outlines consumers' rights to protection, information, choice, representation, and education.

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    © All Rights Reserved
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    Download as pptx, pdf, or txt
    of 14

    CONSUMER

    PROTECTION ACT
    Consumer Protection Act
    • Enacted by the Parliament in 1986
    • To provide for better protection of interest
    of consumers.
    • To make provisions for the establishment
    of Consumer Councils and other
    authorities for the settlement of consumer
    disputes.
    Who is a Consumer?
    • Consumer is one who
    – Buys any goods for a consideration and
    includes a hire-purchaser;
    – Any user of such goods for consideration but
    excludes one, who obtains for re-sale or for
    commercial purposes;
    – Hires a service for consideration and includes
    a beneficiary of such service, if availed of with
    the approval of the hirer.
    What is a Complaint?
    • An allegation in writing by a complainant that:
    – An unfair or restrictive trade practice is practised by
    trader or service provider
    – Goods bought or to be bought or services hired or to
    be hired suffered from any deficiency
    – Trader or service provider has charged excess price
    – Goods and services are hazardous or are likely to be
    hazardous to life and safety.
    Who is a complainant?
    • A consumer
    • Any voluntary consumer association registered
    under the Companies Act or any other law
    • Central or State Government, if it makes a
    complaint
    • One or more consumers having same interest
    • In case of death of a consumer, his legal heir or
    representative.
    Different redressal forums for
    consumers
    • Central Consumer Protection Council
    – to be established by Central Government
    • State Consumer Protection Council
    – to be established by State Government
    • District Consumer Protection Council
    – to be established by State Government for
    every district
    Consumer Dispute Redressal
    Machinery
    • There are Consumer Fora at the District,
    State and National level
    – District Forum – At the District level
    – State Commission – At the State level
    – National Commission – At the National level
    FILING OF COMPLAINTS

    A complaint may be filed by


    a) The consumer to whom the goods are sold or
    services are provided
    b) Any recognised consumer association
    c) One or more consumers with same interest
    d) The central government or state government

    8
    Disposal of disputes
    • District Forum may
    – ask the opposite party to remove the defect,
    – replace the goods with new goods and free from defect
    – to return to the complainant the price of goods or
    – to pay any amount as compensation
    • Appeals to be preferred within thirty days
    – from the order of the District Forum to the State Commission and
    – from the order of the State Commission to the National
    Commission
    • Can entertain appeals beyond thirty days
    – on sufficient cause shown for the delay
    It has to be disposed within ninety days from its
    admission.
    Time Limit for filing complaint
    • Within two years from the date on which
    the cause of action arises
    • Even where the time limit expires, the
    complaint can be taken up
    – provided complainant is able to satisfy the
    Forum or Commission about the
    reasonableness in the delay
    • The delay for every single day has to be
    explained.
    What are the rights of a
    ‘consumer’?
    – Protection from hazardous goods and
    services
    – Information about the quality, quantity, purity,
    standard and price
    – Access to a variety of goods and services at
    competitive prices.
    – Assurance that his interest will be considered
    at appropriate fora
    – The right to consumer education
    WHAT IS A TORT?
    • A tort is a civil wrong
    • That (wrong) is based a breach of a duty
    imposed by law
    • Which (breach) gives rise to a (personal)
    civil right of action for for a remedy not
    exclusive to another area of law

    12
    Application of Tortuous
    liability in business situations
    • Loss distribution/adjustment: shifting
    losses from victims to perpetrators
    • Compensation: Through the award of
    (pecuniary) damages
    – The object of compensation is to place
    the victim in the position he/she was
    before the tort was committed.
    • Punishment: through exemplary or
    punitive damages. This is a secondary
    aim.
    13
    14

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