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Consumer Protection Act 1986

Consumer Protection Act, 1986

Consumer Protection Act is an act of Parliament enacted in 1986 to protect interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for mattes connected therewith. Consumer Protection Councils are established at the national, state and district level to increase consumer awareness.

The Central Consumer Protection Council is established by the Central Government which consists of the Minister of Consumer Affairs as the chairman and such number of other official or non official members representing such interests as may be prescribed. The State Consumer Protection Council consists of the Minister in charge of consumer affairs in the State Government as the Chairman and such other officials appointed by the Central and State Government.

Complainant

The word complainant means:

(a) a Consumer

(b) a voluntary consumer association

(c) Central Government or State Government

(d) One or more consumers where there are numerous consumers having the same interest

(e) In the case of death of a consumer, his or her legal heir or representative

Consumer

Consumer means any person who:

(a) 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

(b) Any user of the such goods other than the person who buys such goods as above if such use is made with the approval of the person who has bought it

(c) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid and partly promised or under any system of deferred payment with the approval of the first mentioned person. It does not include a person who avails of such services for any commercial purposes.

Insurance
[Post Image Courtesy of Renjith Krishnan at FreeDigitalPhotos.net]

What is a Complaint

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

(a) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider

(b) the goods bought by him or agreed to be bought by him suffer from one or more defects

(c) the services hired or availed of or agreed to be hired or availed off by him suffer from deficiency in any respect

(d) A trader or service provider as the case may be has charged for the goods or for the services mentioned in the complaint, a price in excess of the price fixed by or under any law for the time being in force displayed on the goods or any package containing such goods, displayed on the price list exhibited by him by or under any law for the time being in force, agreed between the parties.

(e) Goods which will be hazardous to life and safety when used are being offered for sale to the public – In contravention of any standards relating to safety of such goods as required to be compiled with, by or under any law for the time being in force; If the trader could have known with due diligence that the goods so offered are unsafe to the public;

(f) Service which are hazardous or likely to be hazardous to the life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Who is a Consumer

Any person who buys goods or avails services for consideration. Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid. Consumer also include anybody who uses the goods or services with the consent of the consumer

What is a defect

Fault, imperfection or a shortcoming in the quality quantity potency purity or standards which is required to be maintained by or under any law for the time being in force

What is a service

“Service” means service of any description, which is made available to potential users and includes, but not limited to the provisions of the facilities in connection with 1) banking 2) financing 3) insurance 4) transport 5) processing 6) supply of electrical or other energy 7) boarding or lodging or both 8) house construction 9) entertainment 10) amusement or 11) the purveying or new or other information But does not include the rendering of any service free of charge or under a contract of personal service.

Insurance Law And Practice - ICSI

About Author Mohamed Abu 'l-Gharaniq

when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries.

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