Friday, November 30, 2012

CONSUMER PROTECTION ACT, 1986

The Consumer Protection Act, 1986 has been passed for better protection of the interest of consumers. Consumer means any person who buys any goods or hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised. For the purposes of this definition commercial purpose does not include use by a person of goods bought and used by him and services availed by him for the purpose of earning his livelihood by means of self employment.


Under this Act any consumer has right to file a complaint before District Consumer Forum, State Commission or National Commission, as the case may be, for protection of his right and to get compensation against the deficiency or defect or lack of services or restrictive trade practice.

Under this Act service means service of any description which is made available to potential facilities in connection with Banking, Transport, Roadways, Railway, Finance & Insurance, Housing Board, Avas and Vikas Parishad, Electricty Board, Telephone, Mobile Company & Postal Department, Courier Company, Entertainment, Hotels, Travel Company, Doctors & Hospitals and others, but does not include the rendering of any service free of charge or under a contract of personal service.

District Consumer Forum have jurisdiction to entertain complaints where the value of goods or services and the compensation, if any, claimed upto twenty lakhs rupees.

State Commission have jurisdiction to entertain complaints where the value of goods or services and the compensation, if any, claimed exceeds twenty lakhs rupees but does not exceed one crore rupees. State Commission have also right to etertain the appeals against the orders of any District Forum within the State.

National Commission have jurisdiction to entertain complaints where the value of goods or services and the compensation, if any, claimed exceeds one crore rupees. National Commission have also right to etertain the appeals against the orders of any State Commission.

Under this Act any complaint may be filed before District Consumer Forum, State Commission or National Commission within two years from the date on which the cause of action arisen. In other hand an appel before State Commission or National Commission may be filed within thirty days from the date of the order passed by Consumer Forum or State Commission, as the case may be.

Under Section 26 of this Act District Consumer Forum, State Commission or National Commission has right to dismiss the frivolous or vexatious complaints and also to make an order for cost upto ten thousand rupees against the complainant.

In case of non compliance of an order passed by District Consumer Forum, State Commission or National Commission by opposite party or any other person, District Consumer Forum, State Commission or National Commission has right to issue summon or warrant against such person through police officer and also to pass an order for attachment of property of such person.

--- PRAMOD KUMAR AGRAWAL