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![ Jurisdiction of National Commission
1. Monetary Jurisdiction
2. Appellate Jurisdiction
3. Supervisor and Revisional Jurisdiction
Power of and Procedure applicable to the
National Commission [Section-22]
1. Section 22(1):The provisions of section 12,13 and 14 the
rules made there under for disposal of complaints by
District Forum shall, with such modification as many be
considered necessary by the Commission, be applicable to
the disposal of disputes by the National Commission.
2. Section 22(2) : Without prejudice of the provisions
contained in sub section (1),the National Commission shall
have the power to review and any order made by it,when
there is an error apparent on the face of records.](https://image.slidesharecdn.com/cunsumerprotectionact1986-180127121656/75/Consumer-protection-act-1986-11-2048.jpg)
Uploaded byNilesh Singh Bhadauriya
Consumer protection act 1986
The Consumer Protection Act of 1986 was enacted to safeguard consumer interests and provide a means for redressal of disputes through district, state, and national commissions. It delineates the rights of consumers, including the right to safety, information, and redressal, and establishes a structured process for addressing complaints. The document also reviews case studies demonstrating the application of the act in resolving consumer grievances.
Law◦
Consumer protection act 1986
- 1. CONSUMER PROTECTION ACT 1986 GovernmentLaw College Maninagar,Ahmedabad Presented by: :Nilesh Singh Bhadauriya
- 2. In orderto provide for better protection of the interests of the consumer the Consumer Protection Bill, .1986 was introduced in the Lok Sabha on 5th December, 1986. The Consumer Protection Act 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement.
- 3. As ourWants are unlimited, we purchase and consume many commodities or service for satisfying these wants. But many people purchase the commodities for the purpose of trading,Obviosalay they can not be consumer. There is a particular meaning attached to the concept of the consumer in this Act, and therefore, the definition of ‘CONSUMER’ is given in the Section 2 (1)(D) of the act.
- 4. The main objectiveof CPA is to provide speedy and simple redressal to consumer disputes. It is one of the benevolent pieces of legislation intended to protect the consumers at large from exploitation
- 5. Rights of Consumer Right to Safety Rightto be Informed Right to be Heard Right to Redressal Right to Consumer Education Rights of Consumer
- 6. The aims andobjectives of the Act are achieved by District Forum State Commission National Commission.
- 7. It shallconsist of a person who is or has been or is qualified to be a District Judge as its President,2 other members, one of whom shall be a woman Every member of the District Forum shall hold office for a term of 5 years or up to the age of 65 years which ever is earlier It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs.20 Lacs. District Forum
- 8. A District Forumshall have the powers I. To remove the defect pointed out by the appropriate laboratory from the goods in question II. To replace the goods with new goods of similar description which shall be free from any defect III. To return to the complainant the price, or as the case may be, the charges paid by the complainant IV. To pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party
- 9. It is establishedby SG by notification It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds Rs. 20 Lacs but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State. State Commission
- 10. It shallconsist of a person who is or has been a Judge of the Supreme Court, as its President. Not less than 4 and not more than such number of members as may be prescribed and one of whom shall be a woman Every member of the National commission shall hold office for a term of 5 years or up to the age of 70 years which ever is earlier. It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, the claim exceeds Rs. 1 Crore and appeals against the orders of any State Commission. National Commission
- 11. Jurisdiction ofNational Commission 1. Monetary Jurisdiction 2. Appellate Jurisdiction 3. Supervisor and Revisional Jurisdiction Power of and Procedure applicable to the National Commission [Section-22] 1. Section 22(1):The provisions of section 12,13 and 14 the rules made there under for disposal of complaints by District Forum shall, with such modification as many be considered necessary by the Commission, be applicable to the disposal of disputes by the National Commission. 2. Section 22(2) : Without prejudice of the provisions contained in sub section (1),the National Commission shall have the power to review and any order made by it,when there is an error apparent on the face of records.
- 12. Section 22(A) : Power to set aside ex parte orders Section 22 (B) : Transfer of cases Section 22 (C) : Circuit Benches Contents of Complaint : 1. The name, description and the address of the complainant. 2. The name, description and the address of the opposite party as the case may be: so that they can be ascertained. 3. The fact relating to the complaint and when and where (time & place) it arose. 4. Documents in support of the allegation contained in the complaint. 5. The Relief that the complainant claims.
- 13. Time limitfor deciding the complaint ? 3 Months Supreme Court National Commission State Commission District Commission
- 14. • Chetanprakash vs.MET Institute of computer Science – Mumbai (Maharashtra) CASE I • Krishnan Kumar Bajaj vs. PepsiCo. – Ahmedabad (Gujarat) CASE II
- 16. Prakash wasin final year of BSc when he sought admission in the institute for MCS The institute had stipulated that in order to pursue the MCS course, student has to clear III year exams He deposited the fees before declaration of result Seeing that he had failed in exams, he tried to withdraw the admission and requested for a refund, to which the institute did not responded Finally, he sent a legal notice to the institute, and then lodged a complaint in the consumer forum.
- 17. The institutehad to pay the complainant, Chetan Prakash, Rs 32,000 as compensation for harassment along with the course fee of Rs.62,200.
- 19. Bajaj, aresident of Ahmedabad, had purchased a Lay’s packet on 28 June 2010 and sensed its being underweight. He wrote twice to the manufacturer. While the first letter got no response, in reply to the second, it offered Bajaj gifts hamper which he refused. Bajaj approached CERS, who wrote to PepsiCo.
- 20. Company refusedto accept their fault and gave several unsatisfactory clarifications CERS took the issue to the Consumer Disputes Redressal Forum, which also gave a favourable ruling The company asked for the bill of purchase which Bajaj could not produce
- 21. The Courtoverruled the argument of his not having a bill CERS requested the court to direct PepsiCo to deposit Rs.2,00,000 in the Consumer Welfare Fund and award Rs.2,75,250 as punitive damages. And also to give Rs.75,000 as costs of litigation.