Consumer Protection Act, 1986

Author: Zainab parveen student of ICSI

The Consumer Protection Act, 1986 aims to offer simple, affordable, and swift redressal for consumer grievances. Covering all goods and services unless exempted by the government, it applies to both private and public sectors. The Act focuses on protecting consumer rights and providing effective mechanisms for resolving complaints about defective products, deficient services, and misleading advertisements. Its significance lies in safeguarding consumer interests by regulating businesses and service providers and establishing an accessible redressal system through consumer courts.

Broadly, it applies to all transactions, both online and offline, for goods and services. Specifically, it covers goods purchased for self-use or consumption, services utilized, including banking, transportation, and insurance, all sales, regardless of the monetary value, unfair or restrictive trade practices. This wide applicability establishes universal standards and legal procedures to protect consumer rights across India.
The Consumer Protection Act, 1986 serves broader purposes than just providing legal recourse. Its key objectives are:

1. Protection of Consumers: Safeguarding against hazardous goods, deficient services, and unfair trade practices.
2. Promoting Consumer Rights: Emphasizing six rights: safety, information, choice, representation, redressal, and education.
3. Consumer Redressal: Offering a simple, affordable, and fast mechanism for resolving disputes.
4. Regulating Trade Practices: Controlling restrictive and unfair trade practices.

Historically, consumer rights in India were often overlooked, leading to significant exploitation by businesses. This necessitated the introduction of the Consumer Protection Act, 1986. The main needs for this Act in India include safeguarding consumers with a growing variety of products and services against unsafe and substandard goods and services, curbing unfair trade practices like misleading advertisements, hoarding, and black marketing, providing legal recourse for consumers to seek compensation for damages caused by unfair trade practices or defective goods and services, and promoting responsible consumerism by enforcing rights such as the right to information and education.
Relevant Case Laws:

1. Indian Medical Association v. V.P. Shantha (1995): In this landmark case, the Supreme Court of India addressed whether medical services fall within the scope of the Consumer Protection Act. The court ruled that services rendered by medical professionals and hospitals for a fee are indeed covered under the Act. This judgment significantly broadened the definition of “service” under the CPA to include medical services, thus allowing patients to seek redress for medical negligence under consumer protection laws.
    
2. Lucknow Development Authority v. M.K. Gupta (1993): This case dealt with the applicability of the CPA to statutory authorities and service providers. The Supreme Court held that statutory authorities involved in providing housing services are covered under the Act. The court emphasized that the definition of “service” in the CPA includes all services available to potential users, thereby holding the Lucknow Development Authority accountable for deficiencies in its housing services.
    
3. National Seeds Corporation Ltd. v. M. Madhusudhan Reddy (2012): In this case, the Supreme Court addressed the issue of deficiency in service regarding the supply of defective seeds. The court upheld the compensation awarded to farmers who suffered losses due to substandard seeds supplied by the National Seeds Corporation. This judgment reinforced the obligation of service providers to ensure the quality of goods and services provided to consumers, particularly in the agricultural sector.
    
4. State of Karnataka v. Vishwa Bharathi House Building Cooperative Society (2003): The constitutionality of the Consumer Protection Act was challenged in this case. The Supreme Court upheld the Act, affirming that it does not violate any constitutional provisions. The court underscored the importance of consumer protection and validated the role of consumer forums in addressing grievances, thus strengthening the legal framework for consumer rights in India.
    
5. HDFC Bank Limited v. Balwinder Singh (2019): This case involved a dispute over deficiency in banking services. The National Consumer Disputes Redressal Commission (NCDRC) held that banks are liable for deficiencies, including unauthorized transactions and wrongful deductions. The decision reinforced the accountability of banks under the CPA, ensuring that consumers are protected against financial discrepancies and fraud.
    
6. Ghaziabad Development Authority v. Balbir Singh (2004): The issue in this case was the delay in handing over possession of a property. The Supreme Court ruled that such delays constitute a deficiency in service and awarded compensation to the consumer for the mental agony and financial loss suffered due to the delay. This judgment emphasized the responsibility of developers to adhere to promised timelines and deliver quality services.

These cases collectively demonstrate the expansive scope of the Consumer Protection Act and its efficacy in safeguarding consumer rights across various sectors. They highlight the Act’s role in ensuring accountability and redress for consumers, thereby promoting fair trade practices and consumer welfare.

The Consumer Dispute Redressal Commission (CDRC) is a quasi-judicial body in India established under the Consumer Protection Act to address consumer disputes and grievances. It operates at three levels providing a mechanism for consumers to seek redressal for issues related to goods and services, including compensation claims.
Levels of Consumer Dispute Redressal Commission

1. District: level dispute redressal commission (DCDRC): The District Consumer Disputes Redressal Commission (DCDRC) is a quasi-judicial body at the district level in India that addresses consumer disputes and grievances. It deals with cases where the value of goods or services and the compensation claimed does not exceed ₹1 crore. Consumers can directly approach the DCDRC within their district jurisdiction to seek redressal for issues related to goods and services. The commission examines complaints, hears both parties, and passes orders which may include compensation or other appropriate reliefs.
    
2. State: level dispute redressal commission (SCDRC): The State Consumer Disputes Redressal Commission (SCDRC) is a quasi-judicial body at the state level in India that addresses consumer disputes and grievances. It deals with cases where the value of goods or services and the compensation claimed exceeds ₹1 crore but does not exceed ₹10 crore. Additionally, it serves as an appellate authority for cases decided by the District Consumer Disputes Redressal Commissions (DCDRCs). The SCDRC examines complaints, hears both parties, and passes orders which may include compensation or other appropriate reliefs. It has jurisdiction over the entire state.
    
3. National: level dispute redressal commission (NCDRC): The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial body at the national level in India that addresses consumer disputes and grievances. It deals with cases where the value of goods or services and the compensation claimed exceeds ₹10 crore. Additionally, it serves as an appellate authority for cases decided by the State Consumer Disputes Redressal Commissions (SCDRCs). The NCDRC examines complaints, hears both parties, and passes orders which may include compensation or other appropriate reliefs. It has jurisdiction over the entire country.

FAQ’s

 1. Who is a Consumer?

 A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self-employment. The consideration may be: -Paid -Promised – Partly paid and partly promised. It also includes a beneficiary of such goods/services when such use is made with the approval of such person.

 2. Who is not a Consumer? 

A person is not a consumer if he/she: – purchases any goods or avails any service free of charge; purchases a good or hires a service for commercial purpose; avails any service under contract of service.

              3.When can complaint be made?

 A complaint may be made in writing under the following circumstances: Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider; the article purchased by a consumer is defective; the services availed of by a consumer suffer from any deficiency; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price; Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public. 

4.Who can file a Complaint?

Any consumer; Any voluntary consumer association; Central Government or any State Government; One or more consumers, where there are numerous consumers having same interest. In case of death of a consumer, his legal heir or representative.

5.What is the time limit for filing a complaint? 

A complaint has to be filed within two years from the date on which the cause of action/ deficiency in service/defect in goods arises. However, a complaint may also be filed after two years, if the complainant satisfies the District Forum that he/she has sufficient reasons for not filing the complaint within such period. 

6.What is the provision for appeal? 

• Aggrieved by the Order issued by the District Forum, appeal petition may be filed before the State Commission within 30 days from the date of receipt of Order. 

• Aggrieved by the Order issued by the State Commission, appeal petition may be filed before the National Commission within 30 days from the date of receipt of Order.

 • Aggrieved by the Order issued by the National Commission, appeal petition may be filed before the Supreme Court of India within 30 days from the date of receipt of Orders.

7. What are the Reliefs available to Consumers from Consumer Forum? 

== Removal of defects from the goods; 

== Replacement of the goods;

 == Refund of the price paid; 

== Removal of defects or deficiencies in the services;

 == Award of compensation for the loss or injury suffered; 

== Discontinue and not to repeat unfair trade practice or restrictive trade practice;

 == To withdraw hazardous goods from being offered for sale; 

== To cease manufacture of hazardous goods and desist from offering services which are hazardous in nature; 

== If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by the forum;

 == To issue corrective advertisement to neutralize the effect of misleading advertisement; 

== To provide adequate costs to parties.