Dr.

Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

UNIT 4

THE CONSUMER PROTECTION ACT, 1986

INTRODUCTION

 Consumer is a person who buys goods or services for personal use, not for resale.
 Consumer Protection Act was framed in 1986 and 2019.
 It protects consumers from unfair practices by businesses. Example: If a company sells you
a defective product, you have the right to complain and seek a remedy.
 The Act protects consumers from unethical practices like selling duplicate goods or
overcharging. Example: A shop cannot legally charge more than the Maximum Retail Price
(MRP) printed on products.

DEFINITIONS

1. Complainant: (Sec 2(1)(b)

 Complainant means one or more consumers, or any voluntary consumer association,
central or state government or the central authority or a legal heir or legal representative
or a parent or legal representative in case of a minor.

2. Complaint: (Sec 2(1)(c)

 Any allegation, in writing, made by the complainant for obtaining relief with respect to
restrictive trade practice, defect in goods, deficiency in services, overcharging of price or
offer of goods or service injurious to life and safety.

3. Consumer: (Sec 2(1)(d)

 "Consumer" means any person who —
(i) buys any goods for a consideration
- which has been paid or promised or
- partly paid and partly promised, or
- under any system of deferred payment
and includes
a) any user of such goods when such use is made with the approval of such person,
b) but does not include a person who obtains such goods for resale or for any commercial
purpose;
OR
(ii) hires / avails (buys) any services for a consideration
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- which has been paid or promised or

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- partly paid and partly promised, or

Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

- under any system of deferred payment

and includes -
- any beneficiary of such services when such services are with the approval of the first
mentioned person
but does not include
- a person who avails of such services for any commercial purposes;

4. Consumer Dispute: (Sec 2(1)(e)

 The term ‘Consumer Dispute’ refers to a dispute where the person against whom a
complaint has been made, denies the allegations contained in the complaint.

5. Defect: (Sec 2(1)(f)

 The term Defect refers to any
i. fault,
ii. imperfection or
iii. shortcoming in the (a) quality, (b) quantity, (c) potency, (d) purity or (e) standard
which is required to be maintained by or under any law for the time being in force or
under any contract, express or implied or
iv. as claimed by the trader in any manner with respect to any goods or product and the
expression "defective" will be construed accordingly.

6. Deficiency: (Sec 2(1)(g)

 It refers to any (i) fault, (ii) imperfection, (iii) shortcoming or (iv) inadequacy in the
a) quality,
b) nature and manner of performance
c) which is required to be maintained by or under any law for the time being in force or
d) has been undertaken to be performed by a person in pursuance of a contract or
otherwise in relation to any service and includes-
(i) any act of negligence or omission or commission by any person which causes
loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by any person to the consumer;

7. Goods: (Sec 2(1)(i)

 It refers to every kind of movable property and includes "food" as defined in clause (j) of
sub-section (1) of section 3 of the Food Safety and Standards Act, 2006.
 The Act, 1986 had a restrictive definition of ‘Goods’ as defined under the sale of Goods Act,
1930.
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Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

8. Restrictive Trade Practices: (Sec 2(1)(nn)

 It refers to a trade practice which brings about manipulation of price or its conditions of
delivery or to affect flow of supplies in the market relating to goods or services, in such a
manner as to impose on the consumers unjustified costs or restrictions and shall include -
i. delay beyond the period agreed to by a trader in supply of such goods or in providing
the services which has led or is likely to lead to rise in the price;
ii. any trade practice which requires a consumer to buy, hire or avail of any goods or, as
the case may be, services as condition precedent for buying, hiring or availing of
other goods or services;

9. Product: (Sec 2(1)(o)

 It refers to any (i) article or (ii) goods or (iii) substance or (iv) raw material or (v) any
extended cycle of such product, which may be in (a) gaseous, (b) liquid, or (c) solid state
possessing intrinsic value (vi) which is capable of delivery either as wholly assembled or as
a component part and is produced (vii) for introduction to trade or commerce.
 However, it does not include human tissues, blood, blood products and organs.

10. Unfair Trade Practices (UTP): Sec 2(1)(r)

 UTP refers a trade practice which, for the purpose of promoting the sale, use or supply of
any goods or for the provision of any service, adopts any unfair method or unfair or
deceptive practice including any of the following practices, namely:
(i) making any statement, whether orally or in writing or by visible representation
including by means of electronic record, which –
a) falsely represents that the goods are of a particular standard, quality, quantity,
grade, composition, style or model;
b) falsely represents that the services are of a particular standard, quality or grade;
c) falsely represents any re-built, second-hand, renovated, reconditioned or old
goods as new goods;
d) represents that the goods or services have sponsorship, approval, performance,
characteristics, accessories, uses or benefits which such goods or services do not
have;
e) represents that the seller or the supplier has a sponsorship or approval or
affiliation which such seller or supplier does not have;
f) makes a false or misleading representation concerning the need for, or the
usefulness of, any goods or services;
g) gives to the public any warranty or guarantee of the performance, efficacy or
length of life of a product or of any goods that is not based on an adequate or
proper test thereof: Provided that where a defence is raised to the effect that
such warranty or guarantee is based on adequate or proper test, the burden of
proof of such defence shall lie on the person raising such defence;
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h) makes to the public a representation in a form that purports to be

Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

ii) a warranty or guarantee of a product or of any goods or services; or

iii. a promise to replace, maintain or repair an article or any part thereof or to repeat or
continue a service until it has achieved a specified result,
iv. permitting the publication of any advertisement, whether in any newspaper or otherwise,
including by way of electronic record, for the sale or supply at a bargain price of goods or
services that are not intended to be offered for sale or supply at the bargain price, or for a
period that is, and in quantities that are, reasonable, having regard to the nature of the
market in which the business is carried on, the nature and size of business, and the nature
of the advertisement.

11. Advertisement: (CPA 2019 - Sec 2(1)

 ‘advertisement’ refers to:
(i) any audio or (ii) visual publicity, (iii) representation, (iv) endorsement or
pronouncement made by means of (a) light, (b) sound, (c) smoke, (d) gas, (e)
print, (f) electronic media, (g) internet or website and includes any (v) (a) notice,
(b) circular, (c) label, (d) wrapper, (e) invoice or (f) such other documents;

12. Misleading Advertisement: (CPA 2019 - Sec 2(1)(c)

 in relation to any product or service, means an advertisement, which-
i. falsely describes such product or service; or
ii. gives a false guarantee to, or is likely to mislead the consumers regarding the nature,
quantity or quality of such product or service; or
iii. conveys an express or implied representation which, if made by the manufacturer or
seller or service provider thereof, would constitute an unfair trade practice; or
iv. deliberately conceals important information.

13. Appropriate Laboratory: (CPA 2019 - Sec 2(4)

 It refers to a laboratory or an organization -
i. recognised by the Central Government; or
ii. recognised by a State Government, subject to such guidelines as may be issued by the
Central Government in this regard; or
iii. established by or under any law for the time being in force, which is
(i) maintained,
(ii) financed or
(iii) aided by the Central Government or a State Government
(iv) for carrying out analysis or test of any goods
(v) with a view to determining whether such goods suffer from any defect

14. Consumer Rights: (CPA 2019 - Sec 2(9)

 These Consumer Rights include:
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Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
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(i) the right to be protected against the marketing of goods, products or services which
are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and
price of goods, products or services, as to protect the consumer against unfair trade
practices;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or
services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will receive due
consideration at appropriate fora;
(v) the right to seek redress against unfair trade practice or restrictive trade practices or
unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;

15. E-Commerce: [CPA, 2019 - Sec 2(16)]

 It refers to buying or selling of goods or services including digital products over digital or
electronic network.

16. Electronic Service Provider: [CPA, 2019 - Section 2(17)].

 Electronic Service Provider refers to person who provides technologies or processes to
enable a product seller to engage in advertising or selling goods or services to a consumer
and includes any online market place or online auction sites

17. Product Manufacturer: (CPA 2019 - Sec 2(34)

 refers to a person who-
i. makes any product or parts thereof; or
ii. assembles parts thereof made by others; or
iii. puts or causes to be put his own mark on any products made by any other person; or
iv. makes a product and sells, distributes, leases, installs, prepares, packages, labels,
markets, repairs, maintains such product or is otherwise involved in placing such
product for commercial purpose; or
v. designs, produces, fabricates, constructs or re-manufactures any product before its
sale; or
vi. being a product seller of a product, is also a manufacturer of such product

18. Harm: (CPA 2019 - Sec 2(36)

 In relation to a product liability, includes-
a. damage to any property
b. personal injury, illness or death;
c. mental agony or emotional distress attendant to personal injury or illness or damage
to property; or
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Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
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d. any loss of consortium or services or other loss resulting from a harm referred to in
sub- clauses (i) or (ii) or (iii),
 The above does not include any harm caused to a product itself or any damage to the
property on account of breach of warranty conditions or any commercial or economic loss,
including any direct, incidental or consequential loss.

19. Product Seller: (CPA 2019 - Sec 2(37)

 Product seller refers to a person who, in the course of business, imports, sells, distributes,
leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is
involved in placing such product for commercial purpose and includes-
i. a manufacturer who is also a product seller; or
ii. a service provider

20. Service: (CPA 2019 - Sec 2(42)

 It means and refers to service of any description which is made available to potential users
and includes, but not limited to, the provision of facilities in connection with (i) banking, (ii)
financing, (iii) insurance, (iv) transport, (v) processing, (vi) supply of electrical or other
energy, (vii) telecom, (viii) boarding or lodging or both, (ix) housing construction, (x)
entertainment, (xi) amusement or (xii) the purveying of news or other information.
 However, the ‘service’ does not include
i. the rendering of any service free of charge OR
ii. under a contract of personal service.

21. Express Warranty: (CPA 2019 - Sec 2(43)

 It refers to
(i) any material statement,
(ii) affirmation of fact,
(iii) promise or description relating to a product or service warranting that it
conforms to such material statement, affirmation, promise or description and
(iv) includes any sample or model of a product warranting that the whole of such
product conforms to such sample or model
22. Product Liability: CPA 2019 - Sec 84)
 It means and refers to (i) the responsibility of a product manufacturer or product seller, of
any product or service, (ii) to compensate for any harm caused to a consumer (iii) by
defective product manufactured or sold or (iv) by deficiency in services rendered.

23. Design:
 Regarding Product, Design means the intended or known physical and material
characteristics of such product and includes any intended or known formulation or content
of such product and the usual result of the intended manufacturing or other process used
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to produce such product

Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

CONSUMER RIGHTS

1. Right to Safety
 The Right to Safety means that consumers have the right to be protected from products
and services that can harm their health or safety.
 It is the responsibility of manufacturers and service providers to ensure that their products
are safe for use.
 This right is especially important when it comes to goods like electrical appliances, food,
and pharmaceuticals, where safety is a critical concern.
 Example: Rita buys a new blender from a local store. After a few uses, she notices that the
blender heats up excessively and emits a burning smell. Concerned about her safety, Rita
stops using the blender and contacts the manufacturer. The manufacturer has to replace
the blender or fix the defect to ensure Rita’s safety.

2. Right to Information
 The Right to Information empowers consumers to be fully informed about the products
and services they purchase.
 This includes details such as the quality, quantity, potency, purity, standard, and price.
 Consumers can make informed decision if they have access to accurate information and
protects them from being misled by false or incomplete information.
 Example: When you buy a packaged food item, the label should provide clear information
about the ingredients, nutritional content, expiry date, and price. For instance, if you're
purchasing a bottle of juice, the label should indicate whether it contains added sugars,
preservatives, and the exact quantity in milliliters.

3. Right to Choose
 The Right to Choose ensures that consumers have access to a variety of goods and services
at competitive prices.
 It prevents businesses from creating monopolies or engaging in restrictive trade practices
that limit consumer choice.
 Consumers should be free to select products and services based on their preferences and
not be forced into a particular option.
 Example: Neha wants to buy toothpaste. She finds three different brands on the shelf,
each offering different benefits like whitening, cavity protection, and herbal ingredients.
Neha selects the one that best matches her preferences, exercising her right to choose.

4. Right to Be Heard
 The Right to Be Heard means that consumers have the right to voice their complaints and
concerns about products or services.
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 Businesses and relevant authorities are required to address these complaints and take
necessary action.
 The Consumer Protection Act provides a mechanism for consumers to file complaints with
consumer dispute redressal forums if their issues are not resolved satisfactorily.

5. Right to Seek Redressal

 The Right to Seek Redressal gives consumers the right to seek compensation or a solution
if they have been subjected to unfair trade practices, defective products, or deficient
services.
 The Consumer Protection Act provides a legal framework for consumers to file complaints
and seek remedies, such as refunds, replacements, or compensation for damages.
 Example: Rahul purchases a washing machine that fails to work after a month. The seller
refuses to repair or replace it. Rahul takes the matter to a consumer court, where he wins
the case and is awarded a full refund and compensation for the trouble caused.

6. Right to Consumer Education

 The Right to Consumer Education empowers consumers by making them aware of their
rights and responsibilities.
 This includes being informed about product quality, safety standards, and the legal
avenues available for seeking redressal.
 Educated consumers are better equipped to make informed decisions and protect
themselves from unfair practices.
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CONSUMER RESPONSIBILITIES

 Consumer responsibilities refer to the duties and obligations that consumers while making
purchasing decisions;

1. Informed Decision-Making:
Consumers have a responsibility to make informed and reasonable choices when
purchasing goods and services. This involves conducting research, reading product labels,
and seeking information to ensure that their choices meet their needs and expectations.

2. Being Cautious:
Consumers should exercise caution and due diligence when making purchases. This
includes being wary of deals that seem too good to be true, verifying the credibility of
sellers and service providers, and avoiding potentially fraudulent or unscrupulous business
practices.
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3. Proper Use and Maintenance:

Consumers are responsible for the proper use and maintenance of products and services.
This includes following product instructions and guidelines, using products safely, and
maintaining them to ensure their longevity and performance.
4. Adhering to Terms and Conditions:
Consumers should adhere to the terms and conditions of contracts, warranties, and
guarantees provided by manufacturers, sellers, or service providers. Adhering to these
terms ensures a smooth resolution of disputes if any issue arises.

5. Seeking Redressal:
When consumers face problems or grievances with products or services, they have a
responsibility to seek redress in a lawful and timely manner. This includes filing complaints
with appropriate consumer dispute redressal forums, seeking refunds, repairs, or
replacements, and cooperating with investigations.

6. Consumer Education:
Consumers should take advantage of educational resources and information available to
them to better understand their rights and responsibilities as consumers. Being aware of
their rights and the legal avenues for redress is an important aspect of responsible
consumer behavior.

7. Environmentally Conscious Choices:

Responsible consumers also consider the environmental impact of their choices. They may
choose products that are eco-friendly, recycle and dispose of products properly, and
support businesses that adhere to sustainable and ethical practices.
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CONSUMER PROTECTION COUNCILS

I] CENTRAL CONSUMER PROTECTION COUNCIL

A. CONSTITUTION [SEC: 4]
1. The Central Government shall establish (by notification) a Central Consumer Protection
Council from the date as given in the notification. It is also known as Central Council.
The Central council shall have the following members (not more than 150);
a. Minister of Consumer Affairs in Central Government shall be the Chairman of the
Council.
b. Minister of State –Consumer affairs
c. Minister of Consumer Affairs in every State.
d. 8 members of Parliament – 5 from Loksabha and 3 from Rajyasabha
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e. Secretary of National Commission for SC/ST

Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
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f. Representatives of Central Government Departments etc – not more than 20

g. The Registrar, National Consumer Dispute Redressal Commission, New Delhi
h. Representatives of Consumers – not more than 35
i. Representatives of Women – not more than 10
j. Representatives of Farmers, Trade, Industries – Not more than 20
k. Secretary of Consumer Affairs in the Central Government shall be the Secretary of
Central Council
2. The term of Council shall be 3 years
3. Any member can resign from the Council by writing to the Chairman of the Central Council.
4. In order to implement the policies of the Central Council, the Central Government may
appoint a Standing Committee. Secretary of Central Council shall be the Chairman of
Standing Committee.

B. PROCEDURE FOR MEETINGS OF THE COUNCIL (S:5)

1. The members of the council can meet anytime of the year. But the Council must meet
at least once in a year.
2. The place of the meeting shall be decided by the Chairman of the Council.

C. OBJECTS OF THE COUNCIL (S:6)

a. To protect consumers against the marketing of hazardous (to life and property)
goods and services.
b. To protect the consumers against UTP (Unfair Trade Practice).
c. To make sure that the variety of goods are available to the consumers at
competitive prices.
d. To hear and protect the consumer’s interest.
e. To redress (solve the problems) against UTP or RTP (Restrictive Trade Practice); and
f. To educate consumers

II] STATE PROTECTION COUNCIL

1) Establishment of State Consumer Protection Councils: (Section 6)

a. Every State Government is empowered to establish a State Consumer Protection
Council for the State to be known as the ‘State Council’ (St. C.) (Section 6.1)

2) Nature of the State Council:

a. The State Council will be an Advisory Council as stated under ]para 17.6.1.1 Section
6.2)[.

3) Composition of Members:
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The State Council will consist of:

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Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

a. The Minister-in-charge of Consumer Affairs in the State Government as the

Chairperson and ]Section 6 (2) (a)[.
b. Several number of other official or non-official members representing various
interest groups as prescribed under rules and regulations ]Section 6 (2) (b)[.
c. The number of other official or non-official members not to exceed ten, as may be
nominated by the Central Government ](Section 6 (2) (c)[.

4) Procedure of Meetings of State Council:

a. The State Council is required to meet as and when necessary but not less than two
meetings held every year ]Section 6(3)[.
b. the State Council will meet at the time and place as determined by the
Chairperson and should observe procedure in regard to the transaction of its
business, as prescribed under rules regulations ]Section 6 (4)[.

5) Object of State Council:

The Objects of every State Council is to render advice on promotion and protection of
consumer rights sunder this Act within the state (Section 7).

III] DISTRICT PROTECTION COUNCIL:

 The State government is empowered to establish for every District, a District Consumer
Protection Council to be known as the District Council (Section 8.1).

1. Composition of the Members:

 The ‘District Council’ will consist of the Collector of the District (by whatever name called),
as the Chairperson; and [Section 8 (2) (a)] and several numbers of official and non-official
members representing various interests as prescribed under rules and regulations [Section
8(2) (b)] to be nominated by the State Government.
 The District Council is required to meet as and when necessary but not less than two
meetings held every year [Section 8 (3)].

2. Procedure of Meetings of District Council

 The District Council will meet as per the time and place within the District as decided by
the Chairperson and observe procedure in regard to the transaction of its business as
prescribed under relevant rules and regulations [Section 8 (4)].
 The establishment of the above explained three tier Consumer Protection Councils are
further elaborated under the following diagram.

3. The Object of District Council: (Section 9)

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 The objects of every District Council are to render advice on promotion and protection of
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Consumer Rights under this Act within the District (Section 9).
Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

CONSUMER REDRESSAL FORUMS

 In order to redress (solve) the problems and complaints of the consumers, the
Government has designed three tier system as shown in the following figure;

CONSUMER REDRESSAL FORUMS

District Commission State Commission National Commission

NATIONAL COMMISSION

1. COMPOSITION:
The National Commission shall consist of;
- The Judge of Supreme Court shall be the President of National Commission. The
appointment of the President shall be made after consulting Chief Justice of India.
- Members shall not be less than 4. At least 1 of the 4 members shall be woman. There shall
not be more than 50% of members from law background. Their qualifications must be;
o Not less than 35 years of age
o Possess a Bachelor’s degree from a recognised University.
o Experience of at least 10 years in solving problems related to economics, law,
commerce, accounts, industry etc.

2. JURISDICTION:
- The National Commission shall
o Take the complaint of any goods and services for which the claim is more than Rs 1
Crore
o Take the appeals against the State commission
o Call for the records and pass appropriate orders in case where State Commission
has not performed its functions properly.

3. POWER & PROCEDURE:

a. Power and procedure of National Commission:
- The orders of the District Commission shall be applicable to National Commission
also. But National Commission has the power to modify the decisions of District
Commission.
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- The National Commission has the power to review any order made by it, if it finds
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any error in it.

Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari
 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

STATE COMMISSION

1. COMPOSITION
The State Commission shall consist of;
o The Judge of High Court (of State) shall be the President of State Commission.
o The appointment of the President shall be made after consulting Chief Justice of
India.
o Members shall not be less than 4. At least one of the 4 members shall be a woman.
o There shall not be more than 50% of members from law background.
o Their qualifications must be;
 Not less than 35 years of age
 Possess a Bachelor’s degree from a recognised University.
 Experience of at least 10 years in solving problems related to economics,
law, commerce, accounts, industry etc.

2. POWERS

 The jurisdiction, powers and authority of State Commission shall be implemented by

Benches.
 A Bench consists of the President and 1 or more members.
 If the members have different opinion, then the opinion of the majority will be considered
final.
 Central Government shall decide the salary, allowances and other terms and conditions of
the members of State Commission.
 Every member shall stay in office for 5 years or till the age of 67 years, whichever is earlier.
 The member can be re-appointed for another term of 5 years (Maximum age is 67).

3. JURISDICTION

The State Commission shall –

a) Take the complaint of any goods and services for which the claim is more than 20
lakhs and less than 1 Crore.
b) Take the appeals against the District commission
c) Call for the records and pass appropriate orders in case where District Commission
has not performed its functions properly.
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 Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari

DISTRICT COMMISSION

COMPOSITION

The State Commission shall consist of;

o The Judge of District Court shall be the President of District Commission. The
appointment of the President shall be made after consulting Chief Justice of India.
o Members shall not be less than 4. At least one of the 4 members shall be a woman.
o Their qualifications must be;
 Not less than 35 years of age
 Possess a Bachelor’s degree from a recognised University.
 Experience of at least 10 years in solving problems related to economics,
law, commerce, accounts, industry etc.

JURISDICTION

The District Commission shall –

- Take the complaint of any goods and services for which the claim is not more than
20 lakhs.
- A complaint shall be filed in a District Forum within the local limits of jurisdiction –
a) The opposite party (or each one of the opposite parties) actually resides
(lives) or carries on business or has a branch office or personally works for
profit.
b) Any of the opposite party actually resides or carries on business or has a
branch office or personally works for profit.
- See whether there is a cause of action to be taken

PROCEDURE RELATING TO CONSUMER’S COMPLAINT

- Under section 12 and 13 of the Consumer Protection Act, it is clearly mentioned about the
procedure that would be followed by a District Forum while dealing with a compliant.
- A complaint may be for services or goods.
- If any consumer feels cheated and deceived by unfair trade practices, can lodge a
complaint against the deceiving firm in the Consumer Forum within whose jurisdiction all
the opposite parties reside or run the business.
- Whole procedure has been mentioned in Chap no. 1 of CPA.
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Dr. Zakir Patel, Prof, Naran Lala College of Commerce & Management, Navsari