THE CONSUMER PROTECTION ACT, 1986

 

The Consumer Protection Act, 1986

It is an Act to provide protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlements of consumers’ disputes for matters connected therewith.

This Act extends to the whole of India except the State of Jammu & Kashmir

Definitions

1.      Appropriate Laboratory: one that is recognized by the Central Government, State Government and one that is set up by or under any law and is maintained, financed or aided by the Central or State Government for carrying out analysis or tests of goods or find out if there is a defect.

 

2.      Complainant:

                                i.      A consumer or more consumers with same interest

                               ii.      Any voluntary consumer associations

                             iii.      Central Government or State Government

                             iv.      In case of death of a consumer who has complained, the legal heir of representative

 

3.      Complaint: means any allegation in writing made by a complainant that

·         An unfair trade practice or restrictive trade practice has been adopted by any trader or service provider

·         That goods bought or agreed to be bought suffer from one or more defects

·         The service hired or availed of or agreed to be hired or availed of suffer from deficiency

·         The trader has charged for the goods a price in excess of the price fixed by law, or that marked on the package or a price agreed upon by both parties

·         Goods are hazardous to life & safety when used are using offered for sale (if the trader knew of the danger)

 

4.      Consumer:

·         Is a consumer who buys goods for a consideration or hires or avails of services and includes any user of such goods other than the person who buys such goods

·         It does not include a person who avails of such services for any commercial purpose

 

 

 

5.      Consumer Dispute: means a dispute where the person against whom a complaint has been made, denies the allegations made in the complaint.

 

6.      Defect: means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required.

 

7.      Deficiency: means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required.

 

8.      Manufacturer: means a person who

·         Makes or manufacturer any goods or parts thereof

·         Does not make or manufacturer, any goods but assemble parts made by others

·         Puts his own mark on any goods made by any other manufacturer

Definitions

“Person” includes a form, whether registered or not, a Hindu undivided family, a co-operative society and every other association whether registered or not.

“Prescribed” means prescribed by rules made by the State Government or Central Government.

“Regulation” means rule made by the National Commission under the Act.

“Restrictive Trade Practice” means a trade practice which brings about manipulation of price or its conditions of delivery or to affect flow of supplies in the market which imposes on the consumers, unjustified costs or restrictions.

“Spurious goods and services” means goods and services which are claimed to be genuine but they are actually not so.

The act was amended in 1991, 1993, 2002 & 2005.