CONSUMER PROTECTION ACT (CPA,

COPRA) 1986
 GENESIS OF CONSUMER RIGHTS

• In 1960s consumer rights gained prominence in USA

• On 15th March 1962, John F Kennedy, the former
President of USA, declared four consumer rights in his
special message to the American congress.
1. Right to safety
2. Right to be informed
3. Right to choose
4. Right to be heard
 Contd.
• This day is also observed as the “WORLD CONSUMER
RIGHTS DAY”
• The parliament of India enacted CPA on 24th Dec 1986
• CPA came into force on 1st July 1987
• It has undergone three amendments, one on 18th June
1993, 27th August 1993 and in 2002.
• Subsequently quasi-judicial machineries were established
at the district, state and central levels.
 PURPOSE OF THE ACT
• To provide cheap and speady remedy to the
ordinary consumer who is unable to get
involved in a costly and time consuming
litigation in a court of law .
• Covers all private sector, corporate and public
sector enterprises
• Service rendered by DOCTORS was brought
under the act in 1995 under the sec. 2(1)(o).
 CONTD.
• The Consumer Disputes redressal Agencies which are
established look into the complaints of consumers, where
defect or deficiency of services have come to the notice of
consumer.
• They follow the principles of natural justice and are
empowered to give reliefs of a specific nature and
wherever appropriate award compensation to consumers
• Also prescribes penalties for non compliance of the orders.
 Contd.
• DEFECT: means any fault, imperfection, or
short-coming in the quality, quantity, potency,
purity or standard.
• DEFICIENCY: means any fault, imperfection,
short-coming or inadequacy in the quality,
nature and manner of performance.
STRUCTURE OF CONSUMER FORUM
 SUPREME COURT

NATIONAL COMMISSION

STATE COMMISSION

DISTRICT COMMISSION
 DISTRICT FORUM
– Established in each district of state
– Has 3 members
– A district judge serving or retired is the president
– Two other members nominated by the State Govt from among
well-known public citizens (one of them is female)
– entertains claim upto Rs. 20 lakhs
– Appeal can be made to the State commision against the order of
District Forum.
 STATE COMMISION
• Established in each state
• Has 3 members
• A High court Judge is the president
• Two other members from among well known public citizens
• Entertains claims between 20 lakhs to one crore
• Appeal can be made to the National Commision against the
order of the State Commission
 NATIONAL COMMISSION
• Established at Delhi
• Has 5 members
• Supreme court Judge is the president
• Entertains claims over Rs. 1 crore.
• Appeal can be made to the Supreme Court
against the order of the National Commission.
WHO CAN SUE A DOCTOR UNDER CPA 1986?
1. The patient himself
2. The Registered Consumer Organisations
3. The State or Central Government
4. The patient’s legal heirs
Each complaint made in a District Forum shall
be charged a fee fixed by the State
Government.
TIME LIMIT FOR FILLING A
COMPLAINT
• The limitation period is TWO YEARS
i.e., from either the injurious event or when
the injurious effects first become
noticeable to the patient
• in case of minors, the limitation does not
begin to run until the age of majority at 18yrs
• However the court can grant extension
TIME LIMIT TO FILE AN APPEAL
• Must be filed within 30DAYS of receiving order from either
District, State or National Commission.
• Before preferring an appeal, the appellant should deposit
50% of the amount ordered by the Forum or Rs.25,000/-
(state commission), Rs.35,000/- ( National commission)
• The upper courts may allow a time barred appeal in special
circumstances if they are satisfied.
COMMON CAUSES OF COMPLAINTS
Examples,
• Removal of wrong limb
• Performance of an operation on the wrong patient
• Giving injection of a drug to which the patient is allergic
without looking into the OP card containing the warning
• Use of wrong gas during the course of an anaesthesia
• Leaving inside the patient, swabs or other items of
operating equipment after surgery, etc.
WHO ALL ARE INCLUDED UNDER THIS ACT?
• Service rendered at a non-govt hospital/nursing home/govt
hospitals where charges are required to be paid by the
person availing such services
• Hospitals where charges are required to be paid by persons
who are in a position to pay and persons who cannot afford
to pay are rendered service free of charge are also included
• Those hospitals and the doctors of such hospitals, which
offer free service to all patients at all times are exempted
from this act.
 TRIAL PROCEDURE
• Procedure is very simple
• Consumer has to submit his complaint to CPA members
• Court issues notice to the opponent within 21 days asking
him to give his version of the case within a period of 30
days
• If the opponent disputes the complaint or fails to represent
his case, hearing is held
• Not necessary for the parties to be represented by lawyers
The dispute is settled on the basis of evidence brought to its
notice by the
• complainant ,
• opponent version and
• expert opinion or
• by appointing a Commissioner to examine the party or witness
or an expert at the working place of such party or witness or and
expert or at any place chosen by the forum with the consent of
both the parties
• If needed through video conferences or by arranging telephonic
conferences
• If the party is unable to or unwilling to submit himself to
examination under anyone of the above modes, the Forum shall
be at liberty to draw such inferences as indicated in the law.
 DURATION OF TRIAL
• A complaint filed in the forum will be
adjudicated within a period of 90days from
the date of notice received by opposite party
and within 150days if it requires analysis or
testing of commodities.
 FRIVOLOUS COMPLAINT
(Inappropiate,silly)
• Dismiss the complaint
• Orders the complainant to pay penalty to the
opposite party such cost, not exceeding 10
thousand rupees, as may be
specified in the order.
CONCEPT OF ‘NO-FAULT’ COMPENSATION
THANK YOU
 The Transplantation of
Human Organs Act - 1994

• Transplantation :-
• Grafting of human organs (
Living or deceased) to a living for
therapeutic purpose.
• Organ:-
• Any part of human body consisting of a
structured arrangement of tissues,
which if wholly removed, cannot be
replicated by the body.
 Regenerative
• Types of Organs
Non generative

Living
• Types of Donors
Beating heart
 Guiding Principles
• Consent must be obtained ( Minimum age to
give valid consent is 18 years.)
• Free consent from the donor after giving
sufficient information
• Preferably removed from the bodies of dead
persons.
• Nothing to believe that deceased has
objected.
• No organs from living minor.
• The commercial transaction should be
prohibited.
• Advertising regarding the needs for or
availability should be prohibited.
• Sec. I (1) mandates that
• No organs should be removed from the body
of the donor before his/her death for
transplantation unless the recipients is near
relative.
Authority For Removal of Human Organs

• A donor authorizes before death for

therapeutic purpose.
• Where organ has to be removed from a
‘brain stem’ dead person,
• The removal should be undertaken only
when a board of medical experts certified
the death.
• Board:-
• 1. Medical officer in charge of the
hospital.
• 2. An independent specialist RMP – To be
nominated by the Med. Pract. – In clause-
I.
• 3. A neurologist or neurosurgeon to be
nominated from a panel by the RMP – In
clause – I.
• 4. The treating RMP – who was treating
the patient whose death has occurred.
• If the deceased is less than 18 years parents
may authorize the removal.
• If inquest is to be held, no authorization can be
granted.
• In case of unclaimed bodies (Not claimed with
in 48 hours ), the authority to removal of organs
vested on the hands of the person incharge of
the body.
• Sec.7 mandates, after removal of the organs the
RMP should take adequate step for
preservation.
 Regulations for Hospitals

• Hospital has to be registered under this act.

• No one should conduct it in a place other than
the registered place.
• No institution ( Including Registered ) should be
used for removal of organs for other than
therapeutic purpose.
 Offences & Penalties

• According to Sec. 18 an
unauthorized persons who renders his
service to any hospital for this purpose shall
be punished.
• Imprisonment which may extend up to 5
years with fine which may extend up to
Rs.10,000/-.
 If such a person is RMP

Informed to state medical council

For first offence removal of name for 2 years

On subsequent offence permanent removal

of name from register
Workmen’s Compensation Act 1923

• Act provides for payment of

compensation by the employer to the
employees for suffering any injury /
Disability / Disease resulting form
accident or occupational hazard.
• To be compensated when it happened in
the course of delivery of duty.
 WCA….
• AMOUNT OF COMPENSATION DEPENDS
UPON WHETHER THE INJURY HAS CAUSED
DEATH, PERMANENT TOTAL DISABLEMENT
OR PARTIAL DISABLEMENT
• It is important for a doctor to keep
complete record of any injury sustained
by an employee during the course of
duty.
• The medical certificate required to be
issued in all these cases should be
accurate and without any favour.
 Human Experimentation
(Declaration of Helsinki)

• World medical assembly drew a code of ethics

on human experimentation in 1964 which was
revised on 1975.
• 1. Basic Principles:-
• Must confirm to the moral and scientific
principles that justify medical research.
• Must be conducted by qualified medical and
other personal.
• 2. Clinical Research combined with
professional care:-
• The doctor must be free to use a new
therapeutic measure which is likely to save a
patient’s life, provided the consent has been
taken from the patient.
• 3. Non-Therapeutic Clinical Research:-
• A Doctors duty is to remain the protector of the
health and life of a person.
 THE PROTECTION OF HUMAN RIGHTS
ACT 1993

• THE ACT PROVIDES FOR CONSTITUTION

OF NATIONAL HUMAN RIGHTS
COMMISSION AND STATE HUMAN
RIGHTS COMMISSION.
• PURPOSE OF THE ACT IS TO PROVIDE
BETTER PROTECTION OF HUMAN RIGHTS
 POWERS OF HRC
• THEY MAY ENQUIRE ANY CASE ON COMPLAINT, IF
THERE IS REASON TO BELIEVE OR SUSPECT THAT
HUMAN RIGHTS HAVE BEEN VIOLATED.
• IT CAN SUMMON ANY PERSON TO GIVE EVIDENCE,
AND CAUSE PRODUCTION OF ANYDOCUMENT
BEFORE IT.
• NHRC HAS MADE IT CLEAR THAT USE OF THIRD
DEGREE METHODS IN INVESTIGATION
CONSTITUTES VIOLATION OF HUMAN RIGHTS OF
CITIZENS OF INDIA.
• IF ANY PERSON IS ARRESTED, INFORMATION
SHOULD BE GIVEN TO THE RELATIVES OR FRIENDS
ABOUT THE ARREST.
• VIDEOGRAPHY OF AUTOPSY IS NECESSARY ONLY
WHEN THE INQUEST BY A MAGISTRATE RAISES
SUSPICION OF ANY KIND OF FOUL PLAY.
• THE VIDEO CASETTE HAS TO BE SENT TO THE
COMMISSION
• IN CASES OF CUSTODIAL DEATH
(DEATH TO BE INFORMED WITHIN
24 HRS) COMPENSATION TO THE
SPOUSE TO BE PAID BY THE STATE
GOVERNMENT AND THE POLICE
OFFICIAL CONCERNED
NATIONAL HUMAN RIGHTS COMMISSiON
INDIA

WELCOMES

THE DELEGATION
headed by
Justice Shri D K Basu
Chairman, National Committee for
Legal Services-India
PRESENTATION
ON

NHRC, INDIA
AND ITS WORKING
 The Commission:
• Established under The Protection of Human Rights Act on the 12th of October, 1993.
• Comprises :
- Chairperson : Former Chief Justice of India
- Members :
 One former / sitting Judge of Supreme Court
 One former / sitting Chief Justice of High Court
 Two Persons having knowledge & practical
experience in Human Rights
 Four Deemed Members who are Chairperson of other
Commissions – Women, Minorities, SC and ST
 Appointment of Chairperson and Members

The Chairperson and the Members are appointed by the

President of India on the recommendations of a Committee
consisting of:
 ORGANIZATIONAL STRUCTURE

Chairperson and Members

Chief Executive Officer

Secretary General

Law Inv. TrainingD Admn. Research

Division Division ivision Division Division
 PERSONNEL ASSISTING THE COMMISSION

• The Commission presently has a sanctioned

strength of 343 regular Staff members. In addition
experts and some other persons are engaged on
contract on need basis.

• Commission’s reach greatly enhanced by

appointment of Special Rapporteurs and
constitution of Core Groups.
 Distinct features of NHRC

Fully compliant with Paris Principles

• Autonomous: NHRC is an autonomous and statutory organisation as it has been
created by an Act of Parliament.
• Independent: NHRC is independent in taking decisions and expressing its own
views on different human rights issues.
• Wide mandate: NHRC has wide mandate and an array of functions catering to all
sections of the society.
 Functions of the Commission
(Section 12 of the Act)

• Inquire, suo motu, or on a petition, presented by

victims, or persons on their behalf, into complaints of:
i) violation of human rights or abetment thereof, or
ii) negligence or dereliction of duties in the prevention
of such violation, by public servants
• Intervene in any proceedings involving any allegations
of violation of human rights pending before Courts,
with the approval of such Courts.
 Functions of the Commission (contd..)
• Visit, any jails or other institutions under the control of State Government, where
persons are detained or lodged for purposes of treatment, reformation or protection,
to study the living conditions of the inmates, and make recommendations.
• Study treaties and other international instruments on human rights, and make
recommendations for their effective implementation.
 Functions of the Commission (contd..)
• Undertake and promote research in the field of human rights.
• Spread human rights literacy among various sections of society, and promote
awareness of the safeguards available for the protection of these rights, through
publications, the media, seminars and other available means.
• Encourage the efforts of non-governmental organisations, and institutions working
in the field of human rights.
 Powers relating to inquiries
The Commission shall, while inquiring into complaints have all the powers of a civil
court in respect of the following matters:
a) summoning and enforcing the attendance of witnesses and examining them on
oath;
b) discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public record or copy thereof from any court or office;
 Complaints Redressal & Investigation
• Complaints are entertained in any language
or received through any mode eg. post, telegram, online
registration, fax, e-mail and phone etc.
• Suo-motu registration is also done.
• Matters are also received on reference from Supreme Court.
• No fee
• Complaint status could be ascertained-
–From website of the Commission (http://www.nhrc.nic.in)
–Facilitation Counter since Oct 2001.
• Focal Point also in place.
 Complaints Redressal & Investigation

• Number of complaints registered

- 498 in 1993-94
- 84605 in 2010-2011reflecting growing credibility.

• Total number of complaints registered since inception

to 20/10/2011 : 10,90,082
 Some Major Accomplishments
MONITORING –
• Prison Conditions
• Custodial Deaths
• Hospitals for mentally ill patients
• Status of Bonded and Child labour situation
• Homes run by the Government
• Encounter Deaths
• Care and Protection of Children in Homes
• Implementation of various programmes / schemes
having bearing upon human rights eg. food, education,
health etc.
 Some Major Accomplishments (contd..)
AWARENESS AND TRAINING –

• Human Rights Education in School & University

Education System
• Training Programmes for various Govt. functionaries,
elected representatives, etc. in collaboration with
SHRCs, Govt. Institutions, Universities, NGOs, etc.
• Conducting Summer and Winter Internship
Programmes (One Month Duration).
• Attachment of Indian Foreign Services (IFS)
probationers with the Commission for sensitizing on
Human Rights Issues.
 Some Major Accomplishments (contd..)
REVIEW OF BILLS / ACTS –
• Right to Information Bill
• Domestic Violence Bill
• The Child Marriage Restraint Act
• National Rural Employment Guarantee Bill 2004
• Food Safety & Standard Bill 2005
• The Rehabilitation & Resettlement Bill 2007
 Some Major Accomplishments (contd.)
INTERNATIONAL COOPERATION –
• Assisted in drafting of important international
convention eg. Convention on rights of Persons with
Disabilities.
• Assisted Govt. in drafting UPR paper.
• Actively participates in ICC & APF deliberations and
other conferences/seminars on human rights.
• Assists in capacity building
- setting up of Complaint Management System.
- maintained NHRI website.
 Publications of the Commission
1. The Annual Reports
2. Monthly Newsletters
3. NHRC Journal – Hindi / English
4. Important Instructions/Guidelines issued by NHRC
5. Professional Policing: Human Rights Investigation &
Interviewing Skills and Human Rights & Custody
Management
6. Handbook on Human Rights for Judicial Officers
 Publications of the Commission (contd..)
7. Quality Assurance in Mental Health
8. Report on Prevention of Atrocities against Scheduled
Castes
9. Know your rights series
10. Mental Health & Human Rights
11. Recommendations on Relief & Rehabilitation of
Displaced Persons
THANK YOU