Wednesday, 13 February 2019

CONSUMER PROTECTION ACT 1986 & RULES 1987

CONSUMER PROTECTION ACT 1986 & RULES 1987
An Act to provide for better protection of the interests of consumers.
❖ W.e.f. 15th April, 1987. Amend. 15th March ,2003 ( not applicable in J&K state )
❖ Limitation 2 years from cause of action.
❖ Time limit – Admission of complaint 21 days. Decision 3 months without analysis and 5 months with analysis.
❖ Relief: Removal of defect, replacement, refund, award of compensation.
❖ Frivolous complaint : imprisonment 1 month to 3 years & Fine Rs.2000 to Rs.10,000
❖ Appeal: Against Distt. Forum to State Commission deposit of 50 % of amount or Rs. 25,000, whichever less. Against State Commission to National Commission Rs.35, 000 and against National Commission to Supreme Court Rs.50, 000. Period for appeal 30 Days.
❖ Provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes.
❖ District Forum: To entertain complaints where the value of the goods or services and the compensation, if any, does not exceed Rs.20 lakh.
❖ State Commission: To entertain complaints where the value of goods or services and the compensation, if any, exceeds Rs.20 lakh and does not exceed Rs.1 crore.
❖ National Commission: To entertain complaints where the value of goods or services and the compensation, if any, exceeds Rs.1 crore.
The Act applies to all goods and services unless specifically exempted. It enshrines the rights of the consumers.
The Act provides for simple, speedy and inexpensive redressal of consumer grievances. It envisages three-tier quasi-judicial machinery at the National, State and District levels: National Consumer Disputes Redressal Commission, State Level. Consumer Dispute Redressal Commissions and District Level Consumer Disputes Redressal Forums
A complaint can be filed by
a) A consumer
b) Any voluntary registered consumer organization
c) State, Central Governments or Union Territory Administration.
The Relief available is:
a) Removal of the defects from the goods
b) Replacement of the goods
c) Refund of the price paid; or
d) Award of compensation for the loss or injury suffered.

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