Amity School of Business 1 Amity School of Business BBA (GEN), IMBA- III Semester Module-V Swati Mittal CONSUMER PROTECTION ACT, 1986.

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Presentation transcript:

Amity School of Business 1 Amity School of Business BBA (GEN), IMBA- III Semester Module-V Swati Mittal CONSUMER PROTECTION ACT, 1986

Amity School of Business 2 WHAT IS A COMPLAINT? “Complaint” means any allegation in writing made my a compliant that : I.An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; II.The goods bought by him or agreed to be bought by him suffer from one or more defects ; III.The services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect;

Amity School of Business 3 WHAT IS A COMPLAINT? IV.A trader or 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)displayed on the price list exhibited by him by or under any law for the time being in force; d)agreed between the parties.

Amity School of Business 4 WHAT IS A COMPLAINT? V.Goods which will be hazardous to life and safety when used are being offered for sale to the public – a)In contravention of any standards relating to safety of such goods as required to be compiled with, by or under any law for the time being in force; b)If the trader could have known with due diligence that the goods so offered are unsafe to the public;

Amity School of Business 5 WHAT IS A COMPLAINT? VI.Service which are hazardous or likely t be hazardous to the life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Amity School of Business 6 WHO IS A CONSUMER ?  Any person who buys goods or avails services for consideration  Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid  Any body who uses the goods or services with the consent of the consumer

Amity School of Business 7 WHO IS A CONSUMER ?  Legal heir of consumer in case death of consumer  Does not include any person who buys goods for resale or commercial purpose and services for commercial purpose  However any person who buys goods for commercial use but exclusively for his livelihood by means of self employment is a consumer.

Amity School of Business 8 REQUISTIES OF A COMPLAINT Who can file a complaint Where to file a complaint How to file a complaint What constitutes a complaint? Procedure for filing the appeal

Amity School of Business 9 FORUM & JURISDICTION Consumer Disputes Redressal Forums (District Forum) – Claims less than or equal Rs.20 lacs. Consumer Disputes Redressal Commissions ( State Commission) –Claim more than Rs.20 lacs & less than Rs.1 crore & appeals. National Consumer Disputes Redressal Commission (National Commission) –Claim equal to Rs.1 crore & appeal

Amity School of Business 10 FILING OF COMPLAINTS The Fee for filing the Complaint for the district forum is as under Sr. No. Value of Goods / Service and CompensationAmount of Fees 1)Upto Rs. 1 lakh rupeesRs )Rs. 1 Lakh and above but less than Rs.5 lakhsRs )Rs. 5 Lakhs and above but less than Rs. 10 lakhsRs )Rs. 10 lakhs and above but less than Rs. 20 lakhs The fees shall be paid by Cross demand Draft drawn on a nationalized bank or through crossed Indian postal order drawn in favour of the Registrar of the Sate Commission and payable at the place of the State Commission (w.e.f )

Amity School of Business 11 POWER OF CIVIL COURT TO DISTRICT FORUM The District Forum shall have the powers of Civil Court while trying a suit in respect of the following matters ; a)The summoning and enforcing attendance of any defendant or witness and examining the witness on oath. b)The discovery and production of any document or other material object producible as evidence. c)The reception of evidence on affidavit d)The requisition of the report of the concerned analysis or test from the appropriate laboratory of from any other relevant source. e)Any other matter which may be prescribed.

Amity School of Business 12 APPEAL  shall be filed within thirty days.  Delay in filing appeal may be condoned if there is sufficient cause.

Amity School of Business 13 ESSENTIAL INFORMATION IN THE APPLICATION –Name and full address of complainant –Name and full address of opposite party –Description of goods and services –Quality and quantity –Price –Date & proof of purchase –Nature of deception –Type of redressal prayed for

Amity School of Business 14 BENEFITS & RELIEFS BenefitBenefit –Disposal within 90 days –No adjournment shall ordinarily be granted - –No adjournment shall ordinarily be granted - Speedy trial Relief –Removal of defects in goods or deficiency in services. –Replacement of defective goods. –Refund against defective goods or deficient services. –Compensation. –Prohibition on sale of hazardous goods.