1. Consumer Protection Act and consumer forum process

2. Introduction
The Consumer Protection Act was enacted in 1986.
Amendments were made in 2002.
The Act applies to the whole of India except the State of Jammu and Kashmir.
This act ensures the interest of consumers

3. Objectives
Right of protection to life and property
Right to be informed
Right to choose
Right to be heard
Right to redress
Right to education

4. Definitions Consumer: He is a person who
i) “buys any goods for a consideration which has been paid or promised, or partly paid and partly promised, or under a system of deferred payment.
ii) hires any services for a consideration which has been paid or promised, or partly paid and partly promised, or under a system of deferred payment.

5. Definitions Consumer Disputes : sec 2(1)e
“a dispute where the person against whom a complaint has been made denies or disputes the allegations contained in the complaint”.
Defect
“any fault, imperfections or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.

6. Definitions Deficiency : 2(1) g Service : Sec 2 (0)
“means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.
Service : Sec 2 (0)
service of any description which is made available to potential users and includes the provisions of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging of good, house construction, entertainment, amusement or other information.

7. Compliant
‘Complaint’ means any allegation in writing made by a complainant that-
i) an unfair trade practice or a restrictive trade practice adopted by any trade or service provider
ii) the goods bought by him or agreed to be bought by him suffers from one more defect
iii) the services hired or availed of or agreed to be hired or availed of suffer from deficiency in any respect
iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price-
a) fixed by or under any law for the time being in force
b) displayed on the goods or any package containing such goods
c) agreed between the parties

8. Who are NOT Consumers? A person who purchased goods for resale
A person who purchased goods for commercial purpose
A person who obtains services without consideration
A person who obtains services under a contract of personal service
Tax-payers to municipality
Contractors
Applicants for jobs
Persons who filed suits in courts

9. How to file a complaint ?
A 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.
The nature of complaint must be clearly mentioned as well as the relief sought by the consumer.
It must be quadruplicate in district forum or state commission. Else, additional copies are required to be filed.

10. Relief that can be sought from the forum
Repair of defective goods
Replacement of defective goods
Refund of the price paid for the defective goods or service
Removal of deficiency in service
Refund of extra money charged
Withdrawal of goods hazardous to life and safety
Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party
Adequate cost of filing and pursuing the complaint

11. Conditions
Normally, complaints should be decided within 90 days from the date of notice issued to the opposite 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.

12. Consumer Redressal Forum
The aims and objectives of the Act are achieved by the constitution and creation of
District Forum
State Commission
National Consumer Disputes Redressal Commission.

13. Powers of District Forum
to remove the defect pointed out by the appropriate laboratory from the goods in question
to replace the goods with new goods of similar description which shall be free from any defect
to return to the complainant the price, or as the case may be, the charges paid by the complainant
to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party

14. District Forum
Subject to the other provisions of the Act a District forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs.20 Lakhs.

15. State Commission
Each State Commission shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds Rs. 20 Lakhs but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State.

16. National Commission
The National Commission shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, the claim exceeds Rs. 1 Crore and appeals against the orders of any State Commission.

17. Consumer Dispute Redressal
The District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.
Where a trader or a person against whom a complaint is made fails or omits to comply with any order made by the District Forum, the State Commission, the National Commission, as the case may be, such trader or person shall be punished with imprisonment for a term which shall not be less than 1 month but which may extend to 3 years, or with fine which shall be not less than 2,000/- Rs. but which may extend to 10,000/-Rs., or with both.

18. A complaint may be filed by
Filing of complaint
A complaint may be filed by
The consumer to whom such goods are sold
Any recognized consumer association, where the consumer to whom goods are sold or delivered is a member
One or more consumers, where there are numerous consumers having same interest
The Central and State Government

19. Procedure for Complaint
Complaint relating to goods
Reference of sample to laboratory
Deposit of fees
Remission of fees to lab and forwarding of report to opposite party
Objections
Reasonable opportunity to parties

20. Procedure for complaint
Complaint relating to services
Reference of claim to opposite party
Denial of allegations by the opposite party
Settlement of dispute
Proceedings of district forum final
Death of complainant
period

21. Findings and Verdicts
To remove the defect
To replace the goods with new goods of similar description.
To return the complainant the price
To pay compensation to the consumer for any loss or injury suffered
To remove the defects in the goods
To discontinue the unfair trade practices
Not to offer hazardous goods for sale
To provide adequate costs to parties

22. Appeal to the State commission
Appeals
Appeal to the State commission
Any person aggrieved by an order made by the district forum may prefer an appeal against such order to the State commission within a period of 30 days
Appeal to the National commission
Any person aggrieved by an order made by the State commission in exercise of its powers may prefer an appeal against such order to the National commission within a period of 30 days

23. Miscellaneous
Protection of action taken in good faith
Power to remove difficulties
Power to make rules
Laying of rules

24. Stages in Consumer case
Filing of complaint
Notice to opposite party
Filing of version
Production of evidence and hearing
Filing of affidavit if required
Order

25. Defending consumer cases
Collect all relevant facts and materials
Consult government pleader if necessary
Prepare reply
To be signed by a gazetted officer
File reply in required number of copies
Keep track of the case

26. Defending consumer cases….
Hearing
Present evidence
Final order
Consider need of appeal
Take legal opinion
File appeal within the time

27. Case Study of a complaint against PO

28. Thank you