What You Need to Know About the Consumer Protection Act 1986: Aims, Objectives and Remedies | PDF Free

Aims and Objectives of Consumer Protection Act 1986 PDF Free

In this article, we will discuss the aims and objectives of the Consumer Protection Act 1986 (COPRA), which is an important legislation for the protection of consumer rights in India. We will also explain the main features, benefits and drawbacks of this act, as well as how to file a complaint under it. Finally, we will provide some sources where you can download the full text of this act in PDF format for free.

aims and objectives of consumer protection act 1986 pdf free

What is Consumer Protection Act 1986?

The Consumer Protection Act 1986 is an act of the Parliament of India that was enacted to provide better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected with it. [1]

The act defines a consumer as any person who buys or hires any goods or services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment. It also includes any user of such goods or services other than the person who buys or hires them. [1]

The act covers all goods and services except those exempted by the Central Government by notification. It applies to all sectors whether public, private or cooperative. It also extends to the whole of India except the state of Jammu and Kashmir. [1]

Why was Consumer Protection Act 1986 enacted?

The Consumer Protection Act 1986 was enacted to address the growing problems faced by consumers in India due to unfair trade practices, defective goods, deficient services, exploitation and deception by traders and service providers. [2]

The act was also inspired by the United Nations Guidelines for Consumer Protection adopted by the General Assembly in 1985, which urged member states to adopt appropriate measures to protect consumer interests. [2]

The act was also intended to promote and protect the rights of consumers such as:

• The right to be protected against the marketing of goods and services which are hazardous to life and property.

• The right to be informed about the quality, quantity, potency, purity, standard and price of goods and services.

• The right to be assured of access to a variety of goods and services at competitive prices.

• The right to be heard and to be assured that consumer interests will receive due consideration at appropriate forums.

• The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

• The right to consumer education. [1]

What are the main features of Consumer Protection Act 1986?

The main features of the Consumer Protection Act 1986 are as follows:

Consumer rights and responsibilities

The act recognizes six basic rights of consumers as mentioned above and also lays down certain responsibilities for them to exercise these rights effectively. Some of these responsibilities are:

• Be aware of the various goods and services available in the market and their prices, quality and standards.

• Be informed of the terms and conditions of purchase, warranty, guarantee, after-sales service, etc. and read them carefully before buying or hiring any goods or services.

• Be careful and cautious while buying or hiring any goods or services and avoid impulsive or hasty decisions.

• Be fair and honest in dealing with traders and service providers and do not indulge in unfair or unethical practices.

• Be responsible for the proper use and maintenance of the goods and services bought or hired and follow the instructions and guidelines provided by the manufacturers or sellers.

• Be involved in consumer movements and organizations and participate in their activities to promote consumer welfare. [2]

Consumer protection councils

The act provides for the establishment of consumer protection councils at the national, state and district level to increase consumer awareness and advise the government on consumer-related policies and issues. [2]

The National Consumer Protection Council consists of the Minister in charge of consumer affairs in the Central Government as its chairman and such other official and non-official members representing various interests as may be prescribed by the Central Government. [1]

The State Consumer Protection Council consists of the Minister in charge of consumer affairs in the State Government as its chairman and such other official and non-official members representing various interests as may be prescribed by the State Government. [1]

The District Consumer Protection Council consists of the Collector of the district (by whatever name called) as its chairman and such other official and non-official members representing various interests as may be prescribed by the State Government. [1]

Consumer redressal agencies

The act provides for the establishment of consumer redressal agencies at the national, state and district level to adjudicate consumer disputes and provide speedy and simple justice to consumers. [2]

The National Consumer Disputes Redressal Commission (NCDRC) is established by the Central Government. It deals with matters of more than 100 million (US$1.3 million). It also hears appeals against the orders of the State Commissions. It is headed by a sitting or retired judge of the Supreme Court of India as its president and has not less than four members who are appointed by the Central Government. [1]

The State Consumer Disputes Redressal Commission (SCDRC) is established by the State Government in each state. It deals with matters valuing less than 100 million (US$1.3 million) but more than 10 million (US$130,000). It also hears appeals against the orders of the District Commissions. It is headed by a sitting or retired judge of a High Court as its president and has not less than two members who are appointed by the State Government. [1]

The District Consumer Disputes Redressal Commission (DCDRC) is established by the State Government in each district of the state. The State Governments may establish more than one District Commission in a district. It deals with matters valuing up to 10 million (US$130,000). It is headed by a person who is qualified to be a District Judge as its president and has not less than two members who are appointed by the State Government. [1]

How to file a complaint under Consumer Protection Act 1986?

A complaint under the Consumer Protection Act 1986 can be filed by any consumer or any voluntary consumer association or any central or state government or one or more consumers having the same interest against any trader or service provider who has adopted any unfair trade practice or restrictive trade practice or has sold defective goods or has provided deficient services or has charged excessive prices or has violated any consumer rights. [1]

The complaint can be filed within two years from the date on which the cause of action arises. However, this period can be extended by the concerned commission if it is satisfied that there was sufficient cause for not filing it within that period. [1]

The complaint can be filed in person or by an authorized agent or by post to the I'm continuing to write the article on the topic "aims and objectives of consumer protection act 1986 pdf free". Here is the rest of the article with HTML formatting. ```html appropriate commission depending on the value and nature of the complaint. The complaint can be filed in the commission within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain or where the cause of action arises. [1]

The complaint should contain the following information and documents:

• The name, description and address of the complainant and the opposite party.

• The facts relating to the complaint and when and where it arose.

• The nature and extent of the loss or injury suffered by the complainant.

• The relief sought by the complainant.

• The copies of relevant documents such as bill, invoice, receipt, warranty card, agreement, etc.

• The affidavit verifying the contents of the complaint.

• The prescribed fee in the form of demand draft or postal order. [1]

What are the benefits of Consumer Protection Act 1986?

The Consumer Protection Act 1986 has several benefits for consumers as well as some drawbacks. Some of them are:

Advantages

• The act provides a simple, speedy and inexpensive mechanism for redressal of consumer grievances without involving any complicated legal procedures or high court fees. [2]

• The act provides access to justice to consumers at their doorstep by establishing consumer redressal agencies at the national, state and district level. [2]

• The act provides effective remedies to consumers such as removal of defects, replacement of goods, refund of price, compensation for loss or injury, discontinuance of unfair trade practices, etc. [1]

• The act empowers consumers to protect their rights and interests by creating awareness, education and representation through consumer protection councils and voluntary consumer organizations. [2]

• The act acts as a deterrent for traders and service providers from indulging in unfair trade practices, cheating, exploitation or negligence towards consumers. [2]

Disadvantages

• The act has limited jurisdiction as it does not cover certain goods and services such as public utilities, insurance, housing, medical services, etc. which are governed by other specific laws or regulations. [2]

• The act suffers from lack of awareness among consumers as well as traders and service providers about their rights and obligations under the act. Many consumers do not know how to file a complaint or where to approach for redressal. [2]

• The act faces delay in disposal of cases due to pendency, adjournments, appeals, etc. which defeats the purpose of speedy and simple justice. The average time taken by a commission to dispose a case is about two years. [2]

• The act is misused by some consumers who file frivolous or vexatious complaints to harass or blackmail traders and service providers or to take undue advantage of them. [2]

• The act is also misused by some traders and service providers who adopt various tactics to evade or delay their liability or to influence or manipulate the commissions or councils in their favour. [2]

How to download Consumer Protection Act 1986 PDF free?

If you want to download the full text of the Consumer Protection Act 1986 in PDF format for free, you can follow these steps:

• Go to the website https://www.indiacode.nic.in/ which is the official portal of Indian laws maintained by the Ministry of Law and Justice.

• Click on "Bare Acts" on the left side menu.

• Select "Consumer Affairs" from the drop-down list of ministries/departments.

• Click on "Consumer Protection Act 1986" from the list of acts displayed.

• Click on "Download" button on the top right corner of the page.

• Save the PDF file on your device.

You can also download the PDF file from other sources such as:

• https://www.indiacode.nic.in/bitstream/123456789/6922/1/consumer_protection_act_1986.pdf

• https://consumeraffairs.nic.in/sites/default/files/file-uploads/acts-and-rules/ConsumerProtectionAct1986.pdf

• https://www.mca.gov.in/Ministry/pdf/Consumer_Protection_Act_1986.pdf

Conclusion

The Consumer Protection Act 1986 is a landmark legislation that aims to protect the rights and interests of consumers in India. It provides a simple, speedy and inexpensive mechanism for redressal of consumer grievances through consumer protection councils and redressal agencies. It also empowers consumers to protect themselves from unfair trade practices, defective goods, deficient services, excessive prices and other violations of consumer rights. However, the act also has some limitations and challenges such as limited jurisdiction, lack of awareness, delay in disposal, misuse by consumers and traders, etc. Therefore, there is a need to improve the implementation and enforcement of the act and to create more awareness and education among consumers and traders about their rights and obligations under the act.

FAQs

Here are some frequently asked questions about the Consumer Protection Act 1986:

• What is the difference between a defect and a deficiency under the Consumer Protection Act 1986?

A defect is any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard of a good 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 as is claimed by the trader in any manner whatsoever in relation to any good. [1]

A deficiency is any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. [1]

• What is the difference between an unfair trade practice and a restrictive trade practice under the Consumer Protection Act 1986?

An unfair trade practice is 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: [1]

• Making any false or misleading statement or representation about the quality, quantity, standard, grade, composition, style or model of goods or services.

• Making any false or misleading statement or representation about the need for, or the usefulness of, any goods or services.

• Making any false or misleading statement or representation about the sponsorship, approval or affiliation of goods or services.

• Making any false or misleading statement or representation about the price of goods or services.

• Making any false or misleading statement or representation about the availability of goods or services.

• Making any false or misleading statement or representation about the guarantee or warranty of goods or services.

• Making any false or misleading statement or representation about the exchange, refund, repair or maintenance of goods or services.

• Making any false claim that goods are new, original, genuine, patented, etc. when they are not.

• Making any false claim that services are of a particular standard, quality, grade, style I'm continuing to write the article on the topic "aims and objectives of consumer protection act 1986 pdf free". Here is the rest of the article with HTML formatting. ```html or mode of services; or

• Making any false claim that the trader or service provider has a sponsorship, approval or affiliation which he does not have.

• Offering any gifts, prizes or other items with the intention of not providing them or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged or to be charged.

• Conducting any contest, lottery, game of chance or skill for the purpose of promoting the sale, use or supply of any goods or services.

• Selling or supplying goods intended to be used for a particular purpose which are unfit for that purpose.

• Selling or supplying goods which do not conform to the standards prescribed by any competent authority.

• Hoarding or destroying goods or refusing to sell them with a view to raise their price.

• Manufacturing, storing or distributing goods which are hazardous to life and safety when used.

A restrictive trade practice is a trade practice which tends to bring 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. [1]

• What are the penalties for violating the Consumer Protection Act 1986?

The Consumer Protection Act 1986 provides for various penalties for violating its provisions. Some of them are:

• If a trader or service provider fails to comply with an order made by a commission, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both. [1]

• If a trader or service provider fails to comply with an order made by a commission within the period specified in the order, he shall be liable to pay interest at such rate as may be prescribed on the amount awarded from the date of default. [1]

• If a person makes a false complaint knowing it to be false, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. [1]

• If a person obstructs or impedes any member of a commission in the discharge of his functions, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. [1]

• What are some examples of consumer complaints filed under the Consumer Protection Act 1986?

Some examples of consumer complaints filed under the Consumer Protection Act 1986 are:

• A consumer filed a complaint against an online shopping portal for delivering a defective mobile phone and not replacing it despite repeated requests. The district commission ordered the portal to replace the phone and pay compensation and costs to the consumer. [3]

• A consumer filed a complaint against an airline company for cancelling his flight without prior notice and not providing him any alternative arrangement. The state commission ordered the company to refund the ticket amount and pay compensation and costs to the consumer. [4]

• A consumer filed a complaint against a builder for delaying the possession of his flat and not providing him basic amenities as promised. The national commission ordered the builder to hand over the possession of the flat and pay compensation and costs to the consumer. [5]

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