Consumer Protection Forms

CONSUMER PROTECTION FORMS

 Introduction:
•    The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers and a host of services have been made available to the consumers like insurance, transport, electricity, housing, entertainment, finance and banking.
•    A well organized sector of manufacturers and traders with better knowledge of markets has come into existence, thereby affecting the relationship between the traders and the consumers making the principle of consumer sovereignty almost inapplicable.
•    The advertisements of goods and services in television, newspapers and magazines influence the demand for the same by the consumers though there may be manufacturing defects or imperfections or short comings in the quality, quantity and the purity of the goods or there may be deficiency in the services rendered

Statement Of Objects And Reasons

1.The Consumer Protection Bill, 1986 seeks to provide for better protection of the interests of consumers and for the purpose, to make provision for the establishment of Consumer councils and other authorities for the settlement of consumer disputes and for matter connected there with.

2. It seeks, inter alia, to promote and protect the rights of consumers such as
    (a)    the right to be protected against marketing of goods which are hazardous to life and property.
    (b)  the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices.
    (c)   the right to be assured, wherever possible, access to an authority of goods at competitive prices.
    (d)   the right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums
    (e)     the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and
     (f)    right to consumer education.
 

3. These objects are sought to be promoted and protected by the Consumer Protection Council to be established at the Central and State level.
 

4. To provide speedy and simple redressal to consumer disputes, a quasi-judicial machinery is sought to be setup at the district, State and Central levels. These quasi-judicial bodies will observe the principles of natural justice and have been empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for noncompliance of the orders given by the quasi-judicial bodies have also been provided.
 

5. The Bill seeks to achieve the above objects.

Act 68 Of 1986
The Consumer Protection Bill, 1986 was passed by both the Houses of Parliament and it received the assent of the President on 24th December, 1986. It came on the Statutes Book as THE CONSUMER PROTECTION ACT, 1986 (68 of 1986).

List Of Amending Acts:
1.    The Consumer Protection (Amendment) Act, 1991 (34 of 1991) (w.r.e.f. 15-6-1991).
2.    The Consumer Protection (Amendment) Act, 1993 (50 of 1993) (w.r.e.f. 18-6-1993).
3.    The Consumer Protection (Amendment) Act, 2002 (62 of 2002) (w.r.e.f. 15-3-2003).

Commencement  And Application:
(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 notification, this Act shall apply to all goods and services.
 

Definitions:
(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
        (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;

 The Central Consumer Protection Council:
(1) The Central Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council.
(2)   The Central Council shall consist of the following members, namely:—
      (a)   the Minister in charge of the consumer affairs in the Central Government, who shall be its Chairman, and
     (b)   such number of other official or non-official members represent­ing such interests as may be prescribed.

The State Consumer Protection Councils:
(1) The State Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council.
(2)   The State Council shall consist of the following members, namely:
     (a)   the Minister incharge of consumer affairs in the State Government who shall be its Chairman
     (b)   such number of other official or non-official members representing such interests as may be prescribed by the State Government.
      (c)   such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government.
(3)   The State Council shall meet as and when necessary but not less than two meetings shall be held every year.
(4)   The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.