CONSUMER PROTECTION ACT, 1986

1. Short title, extent, commencement and applications

(1) This Act may be called the Consumer Protection Act,
1986.
(2) It extends to the whole of India except the State of
Jammu and Kashmir.
(3) It shall come into force on such date as the Central
Government may, by notification, appoint and different
dates may be appointed for different States and for
different provisions of this Act.
(4) Save as otherwise expressly provided by the Central
Government by notifications, this Act shall apply to all
goods and services.

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Definitions
1[(a) "appropriate laboratory" means a laboratory or
organisation(i) recognised by the Central Government;
(ii) recognised by a State Government, subject to such
guidelines as may be prescribed by the Central
Government in this behalf; or
(iii) any such laboratory or organisation established by or
under any law for the time-being in force, which is
maintained, financed or aided by the Central Government
or a State Government for carrying out analysis or test of
any goods with a view to determining whether such goods
suffer from any defect;

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cont
"branch office" means(i) any establishment described as a branch
by the opposite party, or
(ii) any establishment carrying on either the
same or substantially the same activity as
that carried on by the head office of the
establishment;

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(b) "complainant" means(i) a consumer; or

(ii) any voluntary consumer association
registered under the Companies Act, 1956 (1
of 1956), or under any other law for the time
being in force; or
(iii) the Central Government or any State
Government,
2[(iv) one or more consumers, where there
are numerous consumers having the same
interest;]
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complaint
[(i) an unfair trade practice or a restrictive trade
practice has been adopted by any trader;]
(ii) 1[the goods bought by him or agreed to be
bought by him] suffer from one or more defect;
(iii) 1[the services hired or availed of or agreed to
be hired or availed of by him] suffer from
deficiency in any respect;
(iv) a trader has charged for the goods mentioned
in the complaint a price in excess of the price
fixed by or under any law for the time being in
force or displayed on the goods or any package
containing such goods;
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"consumer" means any person who(i) buys any goods for a consideration
which has been paid or promised or partly
paid and partly promised, )
1[hires or avails of] any services for a
consideration which has been paid or
promised or partly paid and partly
promised,

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"consumer dispute"
means a dispute where the person against
whom a complaint has been made, denies
or disputes the allegations contained in the
complaint;
"defect" means any fault, imperfection 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 2[under any contract, express or] implied,
or as is claimed by the trader in any manner whatsoever in
relation to any goods;
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Deficiency" means any fault, imperfection,

shortcoming or inadequacy in the quality,
"District Forum" means a Consumer
Disputes Redressal Forum established
under clause (a) of section 9;
Goods" means goods as defined in the
Sale of Goods Act, 1930 (3 of 1930);

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Manufacturer" means a person who(i) makes or manufactures any goods or

parts thereof; or
(ii) does not make or manufacture any
goods but assembles parts thereof made or
manufactured by others and claims the end
product to be goods manufactured by
himself.

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Member" includes the President and a

member of the National Commission or a
State Commission or a District Forum, as
the case may be. )
"National Commission" means the National
Consumer Disputes Redressal Commission
established under clause (c) of section 9;

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ELIGIBILITY TO FILE A CLAIM

Any person who
Has bought goods for a consideration and finds
any defect in the quality, quantity, potency, purity
or standard of the goods
OR
Has hired or availed any service for consideration
and finds any fault, imperfection, shortcoming, or
inadequacy in the quality, nature and manner of
performance in relation to the service can
approach the courts
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REMEDIES
In case it is proved that there exists a defect in
the goods or that the services rendered were
deficient in nature the following remedies against
the seller are available to the Consumer.
To remove the defect pointed out by the
appropriate laboratory from the goods in question;
or;
Replace the goods with new goods of similar
description, which shall be free from any defect.
or;
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REMEDIES
Return to the complainant the price of the goods
or the charges for the services rendered.
and / or;
Pay such amount as compensation for any loss or
injury suffered by the Consumer. or;
Remove the deficiency in the service. and/ or;
Discontinue the unfair or restrictive trade practice
and not to repeat them. and / or;
Not to offer hazardous goods for sale. and / or;
Withdraw the hazardous goods for sale and / or;
Provide adequate costs to the parties.
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WHO CAN FILE A COMPLAINT

A complaint may be filed by the following
A consumer
Any voluntary consumer association
registered under the Companies Act 1956
The Central Government or any State
Government
One or more consumers where there are
numerous consumers.
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HOW TO FILE A COMPLAINT

A complaint should contain the following:
An allegation in writing made by the complainant.
The name description and address of the opposite
party
The name description and address of the
complainant.
Documents in support of the allegation :
Copy of the invoice
Copy of the receipt
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Copy of the warranty card

Copy of the complaint in writing if any an all other
correspondences
The relief (compensation) asked for by the Complainant
The complaint should be signed by the complainant or by
his authorized agent.
No Court fee required
Complaint can be presented before the Consumer
Redressal Forum by the complainant/authorized agent in
person.
A complaint can be sent by registered post to be filed
before the Consumer Redressal Forum.
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NO. OF COPIES TO BE FILED

District Forum: 4 + a copy for the opposite
party/parties
State Commission: 4 + a copy for the
opposite party/parties
National Commission: 6+ a copy each for
the opposite party

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LIMITATION & APPEALS

Within what period can a complaint be filed
A complaint should be filed at the earliest
but not later than TWO YEARS from the date
on which the cause of action arose.
However the Court may entertain the
complaint after a period of 2 years if the
complainant is able to satisfy the court that
there was sufficient cause for the delay.
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APPEALS
An Appeal from the order of the District
Forum lies to the State Commission, against
the order of the State Commission to the
National Commission and against the order
of the National Commission to the Supreme
Court.All appeals are to b filed within 30
days of the order appealed against and are
to be accompanied by a certified copy of the
order.
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