CONSUMER PROTECTION ACT

SYNOPSIS

1 Preliminary

1.1 Evolution of Consumer movement

- Consumer movement in India

1.2 Role of NGOs (Non Government Organisations)

- Consumer Guidance Society of India, Mumbai

• The Citizens’ Forum, Hubli 3

1.3 Position in other Countries like USA, UK and Australia

1.4 Objects of CPA

- Objects of 1993 Amendment

1.5 Scope and Applicability

2 Special features of CPA

2.1 CPA has an overriding effect

2.2 CPA is a Special and Unique Piece of Social Welfare Legislation

2.3 Matter already adjudicated by High Court or Civil Court – CPA remedy barred 9

2.4 Advocates – Whether their services covered by CPA?

2.5 Chartered Accountants – Whether their services covered by CPA?

2.6 No Court fee stamp

2.7 Arbitration clause – no bar to CPA route

3 An Overview of CPA

• Substantive provisions
• Procedural provisions
• Jurisdiction of Consumer Forums

(a) District Forum

(b) State Commission

(c) National Commission

• Appeal to Supreme Court

4 Important Substantive Provisions

4.1 Complainant

• Recognised Consumer Association
• Consumer need not be a member of recognised consumer association
• Collective complainant (Popularly known as "class action")

4.2 Complaint

• What types of complaints can be made ?
• Essential ingredients of a complaint
• What reliefs are granted by consumer courts ?
• What are the desiderata of a "complaint"?
• Complaint – not confined to goods actually sold or service actually provided
• The factum of damage, injury resulting from defect or deficiency
• Amount of compensation claimed in the complaint
• Prayers in the complaint
• Material Averments in the complaint
• Verification of the complaint
• The manner of making and filing complaint
• Limitation for making compalint

4.3 Consumer

• Who is a "consumer"?
• Two Exceptions
• Exception 1: Goods obtained for resale
• Exception 2 : Goods purchased for commercial purpose
• Goods purchased under maintenance warranty
• Illustrative Cases in which the person was regarded a "consumer"
• Illustrative cases in which the person was not
  regarded a "consumer"

4.4 Defect

4.5 Deficiency

• "Deficiency" relates only to service
• Delay - whether amounts to deficiency
• Deception, fraud, cheating – whether deficiency ?
• Breach of Contract v Deficiency
• Deficiency in various kinds of services
• Airlines
• Banking Services
• Courier Service
• Electricity
• Housing Construction Service
• Insurance
  • Life Insurance
  • General Insurance
• L.P.G. Gas Cylinder
• Medical Services
• Motor Vehicle
• Postal Service
• Railways
• Telephone Service
• University and Education

4.6 Goods

4.7 Restrictive Trade Practice

• Definition under the Consumer Protection Act
• Tie-up Sale
• Restrictive Trade Practice of tie-up sale in India

4.8 Service

• What is "service" ?
• Are services of Medical Practitioners covered by CPA ?

4.9 Unfair Trade Practice

• Disparaging other products
• Some Cases on False or Misleading Representation
• Choice of boy or girl on birth
• Increase in height
• False claims in advertisement/prospectus
  re: financial health of company
• False claim re: teaching faculty by a
  coaching class
• False claim re: relief by accupressure sandals
• False representation re: duration of the
  period to submit tenders
• "Free" gifts

5 Enforcement of Orders

6 Frivolous or vexatious complaint

7 Penalties

8 Summation – Consumer is King !

Appendix-A : Address of Consumer Forums