Measures of Central Tendency: Mean, Median and Mode
Consumer protection act 1986
1.
2. OBJECT OF THE ACT
The act is basically passed to protect the interest
of the consumers.
In order to protect the interest of the consumers,
to make provision for establishing necessary
consumer councils and other authorities.
It intend to seek speed and simple redressal to
consumer disputes through quasi-judicial
machinery set-up at distract, state and central
levels.
It awards compensation to consumer on the basis
of merit of each case.
3. CONSUMER [sec2(1)(d)]
CONSUMER IS ANY PERSON WHO
Buys any goods for a consideration or heirs/avails of any
services for a consideration is a consumer.
Any user of the goods with the approval of the person who
has purchased the goods for consideration is also a
consumer.
A person hiring or availing of any services for
consideration is no doubt a consumer, but any person who
is beneficiary of such services with the consent or approval
of the original consumer is also a consumer.
4. To become a consumer, there must be a
consideration when he buys goods. Such
consideration must have actually been paid or
promised or partly paid and partly promised.
Any person claiming himself/ as a consumer must
satisfy two important consideration besides the
others which are as follows:
1. The service or services must have
been render to him and
2. He must paid or promised to pay the
consideration for the same.
The intention of a person purchasing the goods
or hiring the services must be consumption not
for sale.
5. PERSON [sec2(1)(m)]
A PERSON INCLUDE
1. A firm whether registered or not
2. A Hindu undivided family.
3. A co-operative society.
4. Every other association of person whether
register under the societies Reg. Act 1960
Consumer need not be an individual to get
protection under this act it includes the above
person also.
6. GOODS [sec 2(1)(i)]
Means goods as defined in the sale of GOODS ACT
1930.
The subject matter of the contract of sale must be
available property or goods. The transactions which
involve buying and selling of immovable property are
regulated by the transfer of property Act.
7. SERVICES [sec 2(1)(o)]
Means service of any description which is made available
potential users. The services related to banking, financing,
insurance,transport,processing,supply of electricity,
lodging and boarding etc but it does not include rendering
of any service free of charge or under a contract of
personal services. Means service of any description which
is made available potential users. The services related to
banking, financing, insurance,transport,processing,supply
of electricity, lodging and boarding etc but it does not
include rendering of any service free of charge or under a
contract of personal services.
8. It implies that services must be of commercial nature
i.e. they must be rendered on payment .
Even the professional services are included.
Even the beneficiaries of the services are included
though they are not directly hirer’s provided they use
the service with the approval of the concerned
consumers.
9. TRADER [sec2(1)(q)]
MEANS
Sells goods or distribute any goods for sale.
Any manufacture of goods selling the same.
Any packer either sells or distribute goods in package
form.
10. MANUFACTURER [sec 2(1)(f)]
MEANS
Makes or manufacturer any goods or part thereof.
Does not make or manufacture any goods but
assembles part thereof made or manufactured by
others.
Put or causes to be put his own mark on goods made
or manufactured by any other manufacture.
11. CONSUMER DISPUTE [sec 2(1)(e)]
If there is any dispute between the consumer and
manufacturer or trader, as the case may be the
consumer gets the right to seek remedy or filing the
complaint under the act. The consumer redressal
forum is a statutory body under the consumer
protection act.
12. RESTRICTIVE TRADE PRACTICE sec 2(1)(nnn)
MEANS
delay beyond the period agreed to by a trader in
supply of such goods or in providing the service which
has led or is likely to lead to rise into price.
Regarding the condition precedent to buying ,hire or
availing of other goods or service.
13. UNFAIR TRADE PRACTICE [sec 2(1)(r)]
MEANS
A trade practice which for the purpose of
promoting the sale, use or supply of any goods or
for the provisions of any service, adopt any unfair
namely.
1. Falsely represent that the goods are of a
particular standard quality, quantity, grade,
compensation, style or model.
2. Makes the false or misleading representation
concerning the need for, or the usefulness of any
goods or services.
14. Gives false warranty or guarantee about the
performance, length of life of a product with any
proper test.
Publication of any advertisement for the sale or
supply at a bargaining price.
Sale or supply of goods which do not comply any of
the standard prescribed by the competitive
authorities.
Hoarding or destruction the goods or refusing to
sell goods with a view to raise the price.
Represents that the seller or the supplier has a
sponsorship or approval which such seller does not
have.
15. Materially misleads the public concerning the
price at which a products has been sold
Gives false or misleading facts disparaging the
goods, services or trade of another person.
Publication of any advertisement whether in any
newspaper or otherwise,for the sale or supply at a
bargaining price.
Bargaining price means
a. A price that is stated in any advertisement to
be a bargain price reference to ordinary price.
b. A price which the person hears/sees the
advertisement, would reasonably understand to
be bargain price.
18. Sec 4 to 8
Sec 4 – Establishment of central council by
Central government & membership.
Sec 5- Meeting of central council
Sec 6 – Objects of central council
Sec7 – Establishment of state council by central
govt. & its membership
Sec 8 – Objects of state council
Sec 8(A) – Establishment of district Council by
State government
Sec 8(B) – Objects of District Council
19. CONSUMER DISPUTES REDRESSAL
AGENCIES
Chapter III –Sec 9 to27
District forum ---established by the state govt.in each
district of the state.
State Commission --- established by the state govt. in
the state
National Commission --- established by the central
govt.
20. Sec 9 –Establishment of consumer Dispute
Redressal Agencies
There are 3 such agencies –
District forum – Sec 10 to 15
State commission – Sec 16 to 19
National Commisssion – Sec 20 to 23
21. Sec 10 to 15
Sec 10 – Composition of District Forum
Sec 11 – Jurisdiction (claims upto Rs.20 lac)
Sec 12- Manner of complaint
Sec 13 – Procedure on admission of complaint
Sec 14 – Finding of the District Forum
(ie.judgement)
Sec 15 – Appeal (to state commission within 30
days )
22. Sec 16 to 19
Sec 16 – Composition of state commission
Sec 17 – Jurisdiction (claims from Rs. 20 lac to 1 crore)
Sec 18 – Procedure
Sec 19 – Appeal ( to National Commission within 30
days)
23. Sec 20 to 23
Sec 20 – Composition of National Commission
Sec 21- Jurisdiction
Sec 23 – Appeal (to supreme Court within 30 days)