Consumer Protection Act

THE CONSUMER PROTECTION ACT, 1986 Though consumer is the purpose and most powerful motivating personnel of production, yet at the same time consumer is equ completelyy vulner satisfactory section of the whole marketing system. Attempts keep back been make to guard the interest of the consumer in a sporadic way till 1986, when Government of India enacted a plenary legislation-Consumer Protection Act, to safe guard the interest of the consumer than ever before.The Consumer Protection Act, 1986, applies to all goods and suffices, excluding goods for resale or for commercial purpose and go rendered free of charge and to a lower place a contract for personal service. The provisions of the Act ar compensatory in nature. It covers public, private, joint and cooperative sectors. The Act enshrines the amends of the consumer such as mighty to safety, right to be informed, right to be heard, and right to choose, right to seek redressal and right to consumer education.ConsumerA consume r is any person who buys any goods for a consideration and user of such goods where the use is with the approval of buyer, any person who hires/avails of any service for a consideration and any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment. GoodsGoods mean any movable property and also accept shares, but do not include any auction able claims.ServiceService of any description such as banking, insurance, transport, processing, housing construction, add on of electrical energy, entertainment, board or lodging. Nature of ailment a)Any unjust trade practice or restrictive trade practice follow by the trader b) Defective goods b)Deficiency in service c) redundancy price charged by the trader d)Unlawful goods sale, which is hazardous to manners and safety when used Consumer CourtsA three-tier-system a)National Consumer Dispute Redressal fit claims supra Rs. 0 lakh (a )Consumer Dispute Redressal Commission or State CommissionClaims from Rs 5 to 20 lakh. (a)Consumer Dispute Redressal forum or District ForumClaims upto Rs 5 Lakh ComplaintA complaint, hand written or typed, can be filed by a consumer, a registered consumer organisation, central or state Government and one or more consumers, where there are numerous consumers having the same interest. No stamp or court gift is needed. The nature of complaint must be clearly mentioned as considerably as the relief sought by the consumer. It must be in quadruplicate in district forum or state commission.Else, supernumerary copies are required to be filed. Grant of relief (a)Repair of unsound goods (b)Replacement of defective goods (c)Refund of the price paidfor the defective goods or service (d)Removal of deficiency in service (e)Refund of otiose money charged (f)Withdrawal ofgoods hazardous to life and safety (g) stipend for the loss or injury suffered by the consumer due to negligence of the in verse party (h)Adequate cost of filing and pursuing the complaint Normally, complaints should be decided within 90 days from the date of notice issued to the antonym party.Where a sample of any goods is required to be tested, a complaint is required to be disposed of within 150 days it may take more time due to practical problems. Consumer Protection CouncilsCouncils have been setup in all states and at the center to promote and defend the rights and interest of consumers. These councils are advisory in nature and can caper important role in recommending consumer oriented policies to the state and central Government.