2. OBJECT OF THE ACT
ïThe act is basically passed to protect the interest
of the consumers.
ïIn order to protect the interest of the consumers,
to make provision for establishing necessary
consumer councils and other authorities.
ïIt intend to seek speed and simple redressal to
consumer disputes through quasi-judicial
machinery set-up at distract, state and central
levels.
ïIt awards compensation to consumer on the basis
of merit of each case.
3. CONSUMER [sec2(1)(d)]
CONSUMER IS ANY PERSON WHO
ï Buys any goods for a consideration or heirs/avails of any
services for a consideration is a consumer.
ï Any user of the goods with the approval of the person who
has purchased the goods for consideration is also a
consumer.
ï 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. ïTo 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.
ïAny 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.
ïThe 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
ï Consumer need not be an individual to get
protection under this act it includes the above
person also.
6. GOODS [sec 2(1)(i)]
ï 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)]
ïMeans 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. ï It implies that services must be of commercial nature
i.e. they must be rendered on payment .
ï Even the professional services are included.
ï Even the beneficiaries of the services are included
though they are not directly hirerâs provided they use
the service with the approval of the concerned
consumers.
9. TRADER [sec2(1)(q)]
MEANS
ï Sells goods or distribute any goods for sale.
ï Any manufacture of goods selling the same.
ï Any packer either sells or distribute goods in package
form.
10. MANUFACTURER [sec 2(1)(f)]
MEANS
ï Makes or manufacturer any goods or part thereof.
ï Does not make or manufacture any goods but
assembles part thereof made or manufactured by
others.
ï 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
ï 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.
ï Regarding the condition precedent to buying ,hire or
availing of other goods or service.
13. UNFAIR TRADE PRACTICE [sec 2(1)(r)]
MEANS
ï 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. ï Gives false warranty or guarantee about the
performance, length of life of a product with any
proper test.
ï Publication of any advertisement for the sale or
supply at a bargaining price.
ï Sale or supply of goods which do not comply any of
the standard prescribed by the competitive
authorities.
ï Hoarding or destruction the goods or refusing to
sell goods with a view to raise the price.
ï Represents that the seller or the supplier has a
sponsorship or approval which such seller does not
have.
15. ï Materially misleads the public concerning the
price at which a products has been sold
ïGives false or misleading facts disparaging the
goods, services or trade of another person.
ïPublication of any advertisement whether in any
newspaper or otherwise,for the sale or supply at a
bargaining price.
ïBargaining 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
ïSec 4 â Establishment of central council by
Central government & membership.
ïSec 5- Meeting of central council
ïSec 6 â Objects of central council
ïSec7 â Establishment of state council by central
govt. & its membership
ïSec 8 â Objects of state council
ïSec 8(A) â Establishment of district Council by
State government
ïSec 8(B) â Objects of District Council
19. CONSUMER DISPUTES REDRESSAL
AGENCIES
Chapter III âSec 9 to27
ïDistrict forum ---established by the state govt.in each
district of the state.
ïState Commission --- established by the state govt. in
the state
ïNational Commission --- established by the central
govt.
20. Sec 9 âEstablishment of consumer Dispute
Redressal Agencies
There are 3 such agencies â
ïDistrict forum â Sec 10 to 15
ïState commission â Sec 16 to 19
ïNational Commisssion â Sec 20 to 23
21. Sec 10 to 15
ïSec 10 â Composition of District Forum
ïSec 11 â Jurisdiction (claims upto Rs.20 lac)
ïSec 12- Manner of complaint
ïSec 13 â Procedure on admission of complaint
ïSec 14 â Finding of the District Forum
(ie.judgement)
ïSec 15 â Appeal (to state commission within 30
days )
22. Sec 16 to 19
ïSec 16 â Composition of state commission
ïSec 17 â Jurisdiction (claims from Rs. 20 lac to 1 crore)
ïSec 18 â Procedure
ïSec 19 â Appeal ( to National Commission within 30
days)
23. Sec 20 to 23
ïSec 20 â Composition of National Commission
ïSec 21- Jurisdiction
ïSec 23 â Appeal (to supreme Court within 30 days)