Features of the consumer Protection Act, 1986

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We are all consumers in one way of the other. Since 1986 we enjoy a right to seek legal redressal of our grievances as a consumer through a 3-tier justice system. For seeking redressal of grievances through this system, you should know the following facts.

Who is a Consumer
A consumer is one who buys any goods or avails of any services for a consideration. For a consideration means that you pay some amount in exchange of which you get the goods or the services. If there is some defect in the goods or deficiency in service, you can seek redressal under Consumer Protection Act (CPA) 1986. Under this act, the agency to dispense remedy is the consumer court. These courts with quasi-judicial status exist at District, State and National levels and are respectively called District Consumers Forum, State Commission and National Commission for the redressal of grievances of consumers.
If you wish to file a case in a consumer court, you have to carefully examine the following points.

Your Rights as a consumer

  • 1. Right of safety

    2. Right to be informed

    3. Right to choose

    4. Right to seek redressal

    5. Right to be heard

    6. Right to consumer education
     

What is defect?

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Any fault, imperfection, shortcoming in the quality, quantity, potency, nature and manner of performance.

What is Deficiency?

Fault, imperfection, shortcoming, inadequacy in quality, nature and manner of performance.

Grounds for complaint :
1. Defect in goods

2. Deficiency in services

3. Restrictive Trade practice and Unfair Trade practice as defined in MRTP Act.

Who can file a complaint?

1. An individual consumer

2. Recognized consumer bodies

3. A group of consumers with same interest

4. Central or State Governments.
 

CASES  & MATERIALS
ON
CONSUMER LAW

 




 

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Your duties as a consumer

Random foliage  1-Invariably obtain cash memo for items purchased.


2-Read carefully details inscribed on the packet.

3-While purchasing the item.

4-Give priority to Isi/agmark items.

5-Do not hesitate to file complainant in case of

6-Deficiency in services or defects in goods.


Fee for filing complaints

  • From 1 lakh to 5 lakh - Rs. 200
  • From 5 to 10 lakh - Rs. 400
  • From 10 to 20 lakh - Rs. 500
  • State Commission :
  • From 20 to 50 lakh - Rs. 2000
  • From 50 lakh to 1 crore - Rs. 4000
  • National Commission :

  • Above one crore - Rs. 5000

    What are the time limits?
    1. A complaint must be filed within TWO years of arising of the cause.
    2. An appeal must be filed within 20 days of the order.


  • Pecuniary limits :
    A Complaint involving claims up to 20 lakhs can be filed in the District Consumer Forum. For claims from 20 lakhs to 1 crore, the complaint is to be filed in the State Commission. If the value of the claim exceeds 1 crore, the case can only be filed in the National Commission.