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CONSUMER PROTECTION ACT, 1986

By: Chandresh Chavada

INTRODUCTION
The Consumer Protection Act-1986 enforced from 10th June 1987 in India Aimed at providing protection to consumers interest It applies to all type of goods and services It deals with all types of complaints relating to goods, unfair trade practice. A suit pending in civil court cannot be heard in consumer court

OBJECTIVE OF THE ACT


Better protection of interests of consumers Protection of rights of consumers: -Right to be protected against marketing of goods or services which are hazardous to life and property -To be informed about the quality, quantity, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices

-The right to be assured, where ever possible, access to goods and services at competitive prices - The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums - The right to seek redressal against unfair trade practices or exploitation of consumers

Who can file complaint


The consumer to whom the goods are sold or delivered, or agreed to be sold are delivered , or the service has been provided, or agreed to be provided

Any recognized consumer association,


The state or central govt.

CONSUMER PROTECTION COUNCIL


Objective is to protect the right of consumer At national level-Central consumer protection council At state level-State consumer protection councils

CONSUMER DISPUTES REDRESSAL AGENCIES


District forum at district level headed by district judge State commission at state level headed by high court judge National commission at national level headed by chief justice of india,

Where to file a complaint?


District Forum- If the cost of goods or services and compensation asked for is up to Rs. 20 lakh , State Commission if claim is more than rupees 20 lakh , but less than rupees 1 Crore National Commission at New Delhi. If claim exceed rupees 1 Crore

Relief for consumer


repair of defective goods. Replacement of defective goods Refund of price paid for defective good/services Refund of extra money charge Withdrawal of goods hazardous to life Compensation for the loss due to negligence of opposite party.

PANALTY
If trader fails to follow the order then he shall be punishable with min. 1 month up to 3yrs with fine of min.Rs.2000 up to Rs.10000

If frivolous complaint is filed then it shall be dismissed & complainant is penalized to pay the cost incurred buy opposite party (not more than Rs.10000)

COMPLAINT FORM
In the complaint case no43/6. Before the Honble District Forumat Junagadh Name & address of complainant/complainantMahe .... versus Name & address of opposite party/partiesAjinkya Dudhalkar ....

I/we, the above named complainant/complainants respectfully state before the Honble Forum/Commission the complaint as follows: ..contensions .

It is therefore prayed:(i) That opposite party be directed to refund the amount paid by thecomplainant to the tune of Rs1,00,000 (ii) Complainant may please be compensated to the tune of Rs1200..for the mental agony and harassment caused to him/her in the due course (iii) Cost of litigation may also be awarded suitably. Signature of Complainant Place:.Junagadh.. Date:12-4-10..

....................................... (Name of Complainant)

THANK YOU

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