CONSUMER PROTECTION ACT

The Consumer Protection Act,1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India.It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's grievances and matters connected with it. The act was passed in Assembly in October 1986 and came into force on December 24, 1986. The statute on the right was made before this COPRA act 1986.

1. INTRODUCTION TO CONSUMER PROTECTION ACT The Consumer Protection Act, implemented in 1986 , gives easy and fast compensation to consumer grievances. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer. The primary motivation of this forum is to bestow aid to both the parties and eliminate lengthy lawsuits. This Protection Act covers all goods and services of all public, private, or cooperative sectors, except those exempted by the central government. The act provides a platform for a consumer where they can file their complaint , and the forum takes action against the concerned supplier and compensation is granted to the consumer for the hassle he/she has encountered.

2. Who is a consumer? A consumer is the one who purchases the product for his/her own need and uses or consumes it. A consumer cannot resell the good, product or service but can consume it to earn his/her livelihood and self-employment. Definition of Consumer The consumer is the one who is the end-user of any goods or services. Any person, other than the buyer who buys the product or services, and consumes the product by taking his/her permission is categorized as a consumer. Any single or group of people, other than the buyer who buys the product or services, consumes the product by seeking his/her permission falls under the category of a consumer. In simpler words, the consumer can be termed as the end-user of the goods or services.

3. Objectives of the consumer protection act To Provide better and all-around protection to consumers. To Provide machinery for the speedy redressal of the grievances. To create a framework for consumers to seek redressal . To Provide rights to consumers. To Safeguard the rights of Consumers.

4. REDRESSAL machinery under the act

5. District Forum District Court Judge as the president. There must be two other people not below 35 years of age. The members must have a university degree and know industry, commerce, public affairs, administration, and economics.

6. State Commission High Court Judge as the president. Must have two members not about 35 years of age. The members must have a university degree and know industry, commerce, public affairs, administration, and economics.

7. National Commission Supreme Court Judge as the president (Appointed by the Central Government, appointment can also be made with the consultation of the Chief Justice of India. They must have four members, not above 35 years of age. They must have a university degree and must know industry, public affairs, economics, commerce, and administration.

8. procedure to file a complaint in the Consumer Court STEP 1: Intimation via Notice STEP 2: Get the Consumer Complaint Drafted STEP 3: Attach Relevant Documents  STEP 4: Appropriate Forum STEP 5: Pay Requisite Court Fees STEP 6: Submit an Affidavit

9. Remedies available under the Act   Removal of Defects Replacement of goods Refund of the price paid by the consumer while purchasing the product. Award of Consumption Removal of Deficiency in Service Discontinuance of Unfair/ Restrictive Trade Practice Stopping of sale of hazardous goods Withdrawal of hazardous goods from the market. Payment of the adequate cost

10. APPEAL Section 27A in the Consumer Protection Act, 1986 [27A. Appeal against order passed under section 27.— (1)  Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), an appeal under section 27, both on facts and on law, shall lie from— (a)  the order made by the District Forum to the State Commission; (b)  the order made by the State Commission to the National Commission; and (c)  the order made by the National Commission to the Supreme Court. (2)  Except as aforesaid, no appeal shall lie to any court from any order of a District Forum or a State Commission or the National Commission. (3)  Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Forum or a State Commission or, as the case may be, the National Commission: Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.]

11. ENFORCEMENT OF ORDERS Section 25  of the 1986 Act deals with the concept of ‘enforcement of orders of district forum, the state commission or the national commission’. According to Section 25 the consumer forum/commission was given power to attach the property of the person who is not complying with the order. Following that  if the order is not complied with within three months, then the forum/commission has the power to auction such property and award the compensation to the complainant out of the proceeds of such auction. The complainant can also file an application before the forum/commission and the forum/commission can also issue a certificate to the district collector to recover the amount due in the same manner as arrears of the land revenue.

12. penalties UNDER CONSUMER PROTECTION ACT Penalties imposed for manufacturer, storing, selling, distributing, or importing adulterated or spurious products as laid in section90(1)&90(2) are– Fine up to one lakh with imprisonment up to six months if no injury is caused. Fine up to three lakh with imprisonment up to three years if injury not resulting in grievous hurt is caused. Fine up to five lakh with imprisonment up to seven years if grievous hurt is caused. Fine up to ten lakh with minimum imprisonment for seven years which may extend to imprisonment for life if death is caused.