Consumer Protection Act 1986

The Consumer Protection Act is for the better protection of interests and rights of consumers, and for the settlement of all consumer disputes through Consumer dispute redressal forums. It has provisions for establishment of Consumer councils at Centre and State Govtslevel It applies to all goods and services, and covers all sectors-private, public or co-operative. The provisions of the Act are compensatory in nature.

Rights of Consumers
The Act enshrines the following rights of consumers: Right to be informed about quality, quantity, purity, standard, price and potency. Right to assured wherever possible access to a variety of goods at competitive prices. Right to be heard and assured that consumers interests will receive due attention at appropriate forums.

 Right to seek redressal against unfair trade practices and exploitation by suppliers. Right to consumer education. Right to safety of consumer.
Consumer means- one who buys any goods for a consideration, and includes any user of such goods other than the buyer. In the case of services, one who hires any service or avails service for a consideration, and includes any beneficiary of such service, other than the original person.

Who can file complaint?

A consumer as defined above, Any voluntary registered (under any law ) organisation, The Central Government , and State Governments, Union Territories A number of Consumer Protection Associations registered under the Act exist in our country.

What constitutes a complaint?

A complaint means: Any allegation in writing in regard to: That he has suffered loss or damage as a result of unfair trade practices of the trader, That the goods suffer from defects That the services suffer from any deficiences, That the trader charged price in excess of price displayed or fixed under any law.

Where to file complaint?

There are three levels of Consumer Dispute Redressal forums under the Act ( Sec 9 to 27) District level, State level, and National level If the value of goods/services and compensation asked for is upto 5 lakhs, the complaint can be filed in District forums.

 If the value is between 5 and 20 lakhs, the complaint can be filed in State forum. The forum has appellate jurisdiction too over the District forums. If the value exceeds 20 lakhs, the complaint can be filed in National forum. The National forum has appellate jurisdiction too over State forums. Appeals against the decision of National commission may be in filed in Supreme court.

Constitution of forums
District forum : President ( in the rank of a District Judge) and two members including a lady social worker. State forum : President ( in the rank of aHigh court Judge) and two members including a woman. National forum: President (in the rank of a Supreme court judge ) and four other members including a woman. All the forums have the powers of Civil courts.

Consumer Protection Councils

The Act envisages Consumer Protection councils at Central and State levels. They work as advisory bodies to the respective Governments in respect of matters relating to consumers interests and rights. Minister in charge of Civil Supplies will be the Chairman of the council. Provisions for penalties both fine( up to Rs 10000) and/or imprisonment ( not less than one month) exist in the act. Consumer Protection Rules 1987 also enacted under the act (Sec30 ).

Procedure for filing complaint

The procedure is simple. It may be filed in the prescribed proforma. Advocates are not essential. No fees for filing case. The complaints are to be disposed off by the forums within 3 months- ( 5 months, if any testing is required). Original complaints are to be filed before the appropriate forums within one year. Appeals are to filed within 30 days.