1.

Consumer protection act

2. Various consumer protection org
3. Objectives
4. Consumer rights
5. Consumer benefits
6. Consumer responsibility/duties
7. Procedure of complaint
8. Remedies
9. Consumer protection council
10. District Forum
11. State Commission
12. Central Commission
13. Amendments
14. Difference between 1986 and 2019
15. Statistical data1986 to 2019
16. Case study
17. Conclusion

1. Competition act
2. History of this act
3. Objective
4. Benefits
5. Cases
6. Difference between mrtp and competition act

Slide part

Consumer protection act

The Consumer Protection Act, 1986 (COPRA) is an Act of the Parliament of India enacted in 1986
to protect the interests of consumers in India. It is made for the establishment of consumer councils
and other authorities for the settlement of consumer's grievances and for matters connected there
with it. The act was passed in Assembly in October 1986 and came into force on December 24,
1986.This statute was made before this act." Consumer
Protection Act has been
implemented(1986) or we can bring into existence to protect the rights
of a consumer. It protects the consumer from exploitation
that business practice to make profits which in turn harm the wellbeing
of the consumer and society.
Reading part

Who is a consumer according to the Consumer Protection Act ?

A consumer is one that buys good for consumption and not for the
resale or commercial purpose. The consumer also hires service for
consideration.
Practices to be followed by Business under Consumer Protection Act

 If any defect found the seller should remove the mentioned defects
from the whole batch or the goods affected. For example, there have
been cases where car manufacturing unit found a defect in parts of the
vehicle usually they remove the defect from every unit or they call of
the unit.
 They should replace the defective product with a nondefective
product and that product should be of similar configuration or should
be the same as the product purchased.

2nd slide

Various Consumer Organisations[edit]

To increase the awareness of consumers, there are many consumer organisations and NGOs that
have been established.
CONSUMER GUIDANCE SOCIETY OF INDIA (CGSI) was THE FIRST CONSUMER
ORGANISATION ESTABLISHED IN INDIA IN 1966.
It was followed by many others such as
(1) Consumer Education And Research Centre (Gujarat) 2012
(2) Bureau Of Indian Standards 23 December 1986
(3) Federation Of Consumer Organisation In Tamil Nadu 1990
(4) Mumbai Grahak Panchayat 1975
(5) Consumer Voice (New Delhi) 1983
(6) Akhil Bhartiya Grahak Panchayat 1974
(7) The Consumers Eye India. 1991
 (8)United India Consumer's Association. 2007

2nd Slide part

he main objectives of the Act are to:
 Ensure fair, competitive and responsible markets that work well for consumers and promote ethical
business practices.
 To promote and protect the economic interests of consumers.
 To improve access to information that consumers require, to make informed choices according to
their individual needs.
 To protect consumers from hazards to their well being and safety.

1) Unfair trade Practices: There are many unfair trade practices among the companies, if
those practices cannot be stopped, the objectives of the Consumer Protection Act 1986 will
be difficult to achieve.
2) Spurious or Duplicate Goods: Numbers of fake companies very often imitate the
design, color and shape and outlook of the original brand which is opposed to consumer
rights. For example Fair & Lovely is imitated as Fairy & Lovely, Life Buoy as Life Boy etc.
3) Misleading advertisements: TV commercials are misleading; as because real promise of
product is miles away from TV ads.
4) Gimmick of Warranty and Guaranty: There is no true warranty or guarantee at all.
Many consumers do not know the legal essence of these two terms.
5) Pricing: Pricing is out of control and reach of the consumers. Most of the consumers
are not aware about the essence of star (*) which means “Conditions Apply”. This
means that the quoted price is applicable only upon happening of an event.

3rd slide

Consumer Rights
Right to safety
Means right to be protected against the marketing of goods and services, which are hazardous to life and
property. The purchased goods and services availed of should not only meet their immediate needs, but
also fulfil long term interests. Before purchasing, consumers should insist on the quality of the products as
well as on the guarantee of the products and services. They should preferably purchase quality marked
products such as ISI,AGMARK, etc

Right to choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive
price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price.
It also includes right to basic goods and services. This is because unrestricted right of the minority to
choose can mean a denial for the majority of its fair share. This right can be better exercised in a
competitive market where a variety of goods are available at competitive prices

Right to be informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as
to protect the consumer against unfair trade practices. Consumer should insist on getting all the
information about the product or service before making a choice or a decision. This will enable him to act
wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

Right to consumer education

Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance
of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should
know their rights and must exercise them. Only then real consumer protection can be achieved with
success.

Right to be heard
Means that consumer's interests will receive due consideration at appropriate forums. It also includes
right to be represented in various forums formed to consider the consumer's welfare. The Consumers
should form non-political and non-commercial consumer organizations which can be given representation
in various committees formed by the Government and other bodies in matters relating to consumers.

Right to Seek redressal

Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It
also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make
complaint for their genuine grievances.Many a times their complaint may be of small value but its impact
on the society as a whole may be very large. They can also take the help of consumer organisations in
seeking redressal of their grievances.
As the markets are globalizing, the direct link between the manufacturer and the final user getting distant,
post purchase grievances have to be heard through a strong redressal system. For this, Consumer
disputes redressal agencies (popularly known as Consumer Forums or Consumer Courts) are set
up under the Act at District, State and National level to provide simple and inexpensive quick redressal
against consumer complaints. The District forum deals with complaints where the compensation sought is
less than 23 lakhs. This limit is commonly known as the ‘pecuniary jurisdiction’ of the Consumer
Redressal Forum. The State Forum deals with the complaints where the value of the goods and services
and compensation claimed does not exceed rupees one crore and the National Forum entertains the
complaints where the value of the goods or services and compensation claimed exceeds rupees one
crore.

4th silde

Consumer benefits
Marketing and advertising
1. Consumers must not be provided with false or misleading information in marketing.
2. Marketing must not violate good practices: for example, the use of violence and
discrimination based on gender or ethnicity in advertising is not acceptable.
3. Marketing must take into account the position of the target audience and not exploit their
susceptibility to influence due to age, disability or gullibility. Inappropriateness is assessed
from the viewpoint of the target audience.
4. The position of minors is safeguarded so that, without the consent of a parent or
guardian, they can only make ordinary and minor purchases. Minors must also not be
directly prompted to buy a product or to persuade their parents to buy it.
5. Advertising must be recognisable on all channels. For example, a blogger or vlogger
must clearly state if the posting was done in cooperation with a company and he/she
received the showcased products or services for free.
6. So-called negative contractual commitments are prohibited. It is prohibited to market
goods to consumers by delivering them without a specific order, subsequently requiring
them to make a payment or to return or safekeep the product. Offers must not resemble
invoices.
7. Marketing messages must not be sent by email or phone without the recipient’s
express prior consent.
Purchases
8. The total price of products and services must be provided, that is, the final price payable
by the customer. If this is not possible, the basis for calculating the price must be provided.
9. In addition to sales prices, products must show prices per litre or kilogramme. This helps
to compare which option really is the least expensive.
10. The discounts indicated must be real, or they must be calculated on the price that was
charged for the same product in the same venue immediately prior to the sale.
11. Since consumers cannot inspect the goods in door-to-door or distance selling, the
vendor has extensive obligations to disclose information in these situations, and the
consumer has the right of withdrawal in many cases.
Compensation for defects in products and services
12. Consumers can expect the service life of their purchased goods to be equal to what can
normally be expected from similar goods.
13. The consumer who has bought a defective product can request that the vendor rectify
the defect or deliver a non-defective product. If the defect cannot be compensated for by
either means, the buyer can request a discount or, ultimately, cancel the purchase.
14. Consumers have the right to withhold payment and the right to damages in the event of
defects and delays.
15. The vendor's liability for defect does not end when the warrantyexpires.
16. Warranty repair is free of charge for the consumer.
17. The importer’s liability for defect towards the consumer provides the consumer with
additional security.
18. A standard refund can be paid for telephone or internet subscription service
interruptions.
19. A standard compensation can be paid for long power outages.
Travel
20. Compensation can be claimed for delayed or cancelled flights, and bus, ship and train
journeys.
21. The travel package security system safeguards advance payments made by
consumers.
Contracts
22.The terms of contracts with consumers have been subjected to a requirement of
reasonableness. For instance, unclear terms are considered unreasonable.
23. The notice period of the contract must be reasonable.
24. In disputes, unreasonable terms of contract are reconciled to the benefit of the
consumer.

25. A company may unilaterally alter a contract only in pre-agreed and strictly limited
situations.
26. Contracts must not be subjected to substantial changes in terms.
27. The standard terms and conditions negotiated by the Consumer Ombudsman provide
protection for the entire collective of consumers.
Financial matters
28. In defect and bankruptcy cases, for example, consumers have the right to get their
money back even from the credit provider, such as a credit card company. Consumers also
have the same rights towards telecom companies when purchases are charged on mobile
phone invoices.
29. Consumers are entitled to basic banking services. Online banking credentials are also
part of basic banking services.
30. The actual annual interest rate helps in comparing credit prices. An interest rate cap has
been set for loans under EUR 2,000.
31. Limitations to changes in credit costs during a credit relationship are in force.
32. The consumer has the right to repay a loan early. This allows for the possibility to
retender the loan.
33. Limitations to the amount of collection costs in payment delay cases are in force.
34. Vendors of prefabricated houses must deposit a security for the advance payments of
consumers, safeguarding the money in case the company for some reason becomes
insolvent.
 35. Consumers can invoke the so-called social force majeure if they have run into payment
difficulties due to unexpected unemployment, an illness or another reason beyond their
control.
Customer service
36. Consumers have the right to customer service via a basic-rate telephone number.
37. The customer service must be accessible, and companies must process complaints
appropriately. Complicating the exercise of consumers’ statutory rights constitutes unlawful,
inappropriate practices in a customer relationship.
Authorities helping the consumer
38. Consumer Rights Advisors help consumers in disputes and the Consumer
Ombudsman monitors compliance with legislation. The European Consumer Centre gives
guidance to consumers who have issues with companies operating in another EU Member
State, Norway or Iceland.
39. The Consumer Disputes Board issues resolution recommendations in individual cases.
Companies must inform consumers of dispute settlement bodies.
40. The possibility for the Consumer Ombudsman to use class actionaccelerates reaching
negotiated solutions with companies.

6th slide
Consumer responsibility / duties

Consumer Protection Act

“An Act to provide for better protection of the interests of consumers and for that purpose to make provision for
the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for
matters connected therewith.”(According to Consumer Protection Act, 1986).
Consumer Protection Act, 1986 seeks to promote and protect the interest of consumers against deficiencies
and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive
trade practices. This act was passed in Lok Sabha on 9th December,1986 and Rajya Sabha on 10th
December, 1986 and assented by the President of India on 24th December, 1986 and was published in the
Gazette of India on 26th December, 1986.

Consumer Responsibilities

Ask Yourself!
 Have you faced any problems as a consumer?
 Have you ever complained when you have had such a problem?
 Do you know that you could seek the assistance of a consumer group to protect your interests?

Be Critically Aware
 The responsibility to be more alert and to question more – about prices, about quantity and quality of goods
bought and services used.

Be Involved
 The responsibility to be assertive – to ensure that you get a fair deal as a consumer. Remember, if you are
passive, you are likely to be exploited.

Be Organized
 The responsibility to join hands and raise voices as consumers; to fight in a collective and to develop the
strength and influence to promote and protect consumer interest.

Practice Sustainable Consumption

 The responsibility to be aware of the impact of your consumption on other citizens, especially the
disadvantaged or powerless groups; and to consume based on needs – not wants.

Be Responsible to the Environment

 The responsibility to be aware and to understand the environmental consequences of our consumption. We
should recognize our individual and social responsibility to conserve natural resources and protect the earth for
future generations.

Duties of consumers in India

Along with the Rights of the consumer, here are some responsibilities of the consumer, which should be
followed.
 Illiteracy and Ignorance: Consumers in India are mostly illiterate and ignorant. They do not
understand their rights. So its our duty to know about our rights and to use it in the right place.
 Unorganized Consumers: In India, consumers are widely dispersed and are not united. They are at
the mercy of businesspeople. On the other hand, producers and traders are organized and powerful.
 Spurious Goods: There is an increasing supply of duplicate products. It is challenging for an
ordinary consumer to distinguish between a genuine product and its imitation. It is necessary to
protect consumers from such exploitation by ensuring compliance with prescribed norms of quality
and safety. Always check the standards of the product.
 False Advertising: Some businessmen give misleading information about quality, safety, and utility
of products. Consumers are misled by false advertisement. To stop this, we the consumer have to
know about the product.
 Malpractices of Businessmen: Only a consumer can avoid and stop the malpractices of the
businessmen by opposing them. So this is one of the duties of consumer
7th slide

Procedure of complain file

step 1
Send a notice to the construction company/ developer, before filing a formal complaint. It is
important for the consumer to give notice to the opposite party regarding the deficiency in
service or unfair practice. This is to see if the other party is willing to offer the compensation to
make the good the loss suffered by the consumer. If the developer refuses or neglects the notice,
the you can approach the consumer court.

Step 2
Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a
lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain
paper, mention the details of the complainant and the opposite party. Otherwise, you can consult
consumer grievance redressal forums which also help consumers in filing and forming petition at
nominal charges. One such non-governmental organisation is International Consumer Rights
Protection Council.

The consumer should file the complaint in the district forum which has under its jurisdiction the
other party's residence or office of profit or the area where the project is located.

You can also file the complaint online: www.consumerhelpline.gov.in

step 3
You have to submit the fee through a demand draft. The consumer forum follows difference
jurisdiction to entertain complaint:

 If the claim is for less than Rs 20 lakh, the District Consumer Disputes Redressal Forum
will hear the plea.
 If the claim is for more than Rs 20 lakh but less than Rs 1 crore, the State Consumer
Dispute Redressal Commission will entertain the complaint.
 If the claim is more than Rs 1 crore, the National Consumer Disputes Redressal
Commission will attend to the plea.
Fee details

For district forums

 Up to Rs 1 lakh: Rs 100
 Between Rs 1-5 lakh: Rs 200
 Between Rs 5-10 lakh: Rs 400
 Above Rs 10 lakh and up to Rs 20 lakh: Rs 500
For state forums
 Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000
 Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000
For the National Commission
 A standard amount of Rs 5,000

What is the time limit for filing a complaint?

A complaint has to be filed within two years in the Consumer Court 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.

8th slide

Remedies

The forums/commission can order the following relief

Removal of defect from good

Replacement of good

Refund of the price

Award of compensation for the loss or injury suffered

Discontinuance of unfair trade practices and directing not repeating
them

Award for adequate cost of practice

9th slide

Consumer protection council

consumer Protection Councils

The Consumer Protection Act postulates establishment of Consumer Protection Councils at the Central and
State levels for the purpose of spreading consumer awareness.

District Consumer Protection Council

State Consumer Protection Council

national Consumer Protection Council

10th slide
District Consumer Protection Council

In order to promote and protect the rights of consumers, within the district, the Consumer Protection Act,
provides for the establishment of a District Consumer Protection Council in every district. It shall consist of
the Collector of the district as its Chairman and such number of other official and non-official members
representing such interests as may be prescribed by the State Government. It shall meet as and when
necessary but not less then two meetings shall be held every year. The Chairman shall decide the time and
place of the meeting.

At present there are 610 district forums

a person who is, or has been, or is qualified to be a District Judge, who shall be its President;
two other members, one of whom shall be a woman , who shall have the following
qualifications, namely:—

(i) be not less than thirty-five years of age,

(ii) possess a bachelor's degree from a recognised university,
Every member of the District Forum shall hold office for a term of five years or up to the
age of sixty-five years, whichever is earlier
Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain
complaints where the value of the goods or services and the compensation, if any, claimed
''does not exceed rupees 25 lakhs
Procedure on admission of complaint. — (1) The District Forum shall, on admission of a
complaint, if it relates to any goods,—
refer a copy of the admitted complaint, within twenty-one days from the date
of its admission to the opposite party mentioned in the complaint directing him
 to give his version of the case within a period of thirty days or such extended
period not exceeding fifteen days as may be granted by the District Forum;

Appeal. — Any person aggrieved by an order made by the District Forum may prefer an appeal against
such order to the State Commission within a period of thirty days from the date of the order, in
such form and manner as may be prescribed:
Provided that the State Commission may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not finding it within that period.
Provided further that no appeal by a person, who is required to pay any amount in terms of
an order of the District Forum, shall be entertained by the State Commission unless the
appellant has deposited in the prescribed manner fifty per cent. of that amount or twenty-
five thousand rupees, whichever is less

11th slide

State consumer protection council

The Consumer Protection Act provides for the establishment of State Consumer Protection Councils by the
State Governments. The State Council shall consist of a Minister in charge of consumer affairs in the State
Government as its Chairman and such number of other official or non-official members representing such
interests as may be prescribed by the State Government and ten nominees of the Central Government. The
State Council shall meet as and when necessary but not less than two meetings shall be held every year at
such time and place as the Chairman may think fit.

At present there are 37 state commissions

Composition of the State Commission. — (1) Each State Commission shall consist of—
(a) a person who is or has been a Judge of a High Court, appointed by the State
Government, who shall be its President:
not less than two, and not more than such number of members, as may be prescribed,
and one of whom shall be a woman, who shall have the following qualifications,
namely:—
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university; and

shall be made by the State Government on the recommendation of a Selection Committee

consisting of the following members, namely:—
(i) President of the State Commission -- Chairman;
(ii) Secretary of the Law Department of the State -- Member;
(iii) Secretary incharge of the Department dealing
with Consumer Affairs in the State -- Member:
Jurisdiction of the State Commission. — (1) Subject to the other provisions of this Act, the State
Commission shall have jurisdiction—
(a) to entertain—
 (i) complaints where the value of the goods or services and compensation, if any,
claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and
(ii) appeals against the orders of any District Forum within the State
Appeals.—Any person aggrieved by an order made by the State Commission in exercise of its powers
conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to
the National Commission within a period of thirty days from the date of the order in such form and
manner as may be prescribed:
Provided that the National Commission may entertain an appeal after the expiry of the said period
of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Provided further that no appeal by a person, who is required to pay any amount in terms of
an order of the State Commission, shall be entertained by the National Commission unless
the appellant has deposited in the prescribed manner fifty per cent. of the amount or
rupees thirty-five thousand, whichever is less

12th slide

National consumer protection

the Consumer Protection Act empowers the Central Government to establish a Central Consumer Protection
Council consisting of the Minister in charge of consumer affairs in the Central Government as its Chairman
and such number of other official and non-official members representing such interests as may be
prescribed. Under the Consumer Protection Council Rules 1987, the membership of the Council is restricted
to 150 members including the Central Minister in charge of Consumer Affairs as the Chairman. The term of
the Council is three years. To monitor the implementation of the recommendations of the Council, the
Central Government may constitute a standing working group from amongst the members of the council
under the Chairmanship of the Member Secretary of the Council. The Council shall meet as and when
necessary, but at least one meeting of the Council shall be held at such time and place as the Chairman may
think fit.

Composition of the National Commission.—(1) The National Commission shall consist of—
(a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central
Government, who shall be its President;
not less than four, and not more than such number of members, as may be prescribed,
and one of whom shall be a woman, who shall have the following qualifications,
namely:—
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university; and
(iii) be persons of ability, integrity and standing and have adequate knowledge and
experience of at least ten years in dealing with problems relating to economics,
law, commerce, accountancy, industry, public affairs or administration:
Provided that not more than fifty per cent. of the members shall be from amongst
the persons having a judicial background.
Central Government on the recommendation of a selection committee
consisting of the following, namely:—
(a) a person who is a Judge of the Supreme Court, — Chairman;
to be nominated by the Chief Justice of India
(b) the Secretary in the Department of Legal Affairs — Member;
in the Government of India
 (c) Secretary of the Department dealing with consumer — Member.;
affairs in the Government of India

Every member of the National Commission shall hold office for a term of five years or up to the
age of seventy years, whichever is earlier

Jurisdiction of the National Commission. — Subject to the other provisions of this Act, the National
Commission shall have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and compensation, if any, claimed
exceeds rupees one crore; and
(ii) appeals against the orders of any State Commission
Appeal. — Any person, aggrieved by an order made by the National Commission in exercise of its
powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such
order of the Supreme Court within a period of thirty days from the date of the order:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Provided further that no appeal by a person who is required to pay any amount in terms of an
order of the National Commission shall be entertained by the Supreme Court unless that person
has deposited in the prescribed manner fifty per cent. of that amount or rupees fifty thousand,
whichever is less.

13th slide
Amendements

Set out below are some of the Key Highlights of the New Act:
- Covers E-Commerce Transactions: The New Act has widened the definition of 'consumer'.
The definition now includes any person who buys any goods, whether through offline or online
transactions, electronic means, teleshopping, direct selling or multi-level marketing. The earlier
Act did not specifically include e-commerce transactions, and this lacuna has been addressed
by the New Act.

- Enhancement of Pecuniary Jurisdiction: Revised pecuniary limits have been fixed under
the New Act. Accordingly, the district forum can now entertain consumer complaints where the
value of goods or services paid does not exceed INR 10,000,000 (Indian Rupees Ten Million).
The State Commission can entertain disputes where such value exceeds INR 10,000,000
(Indian Rupees Ten Million) but does not exceed INR 100,000,000 (Indian Rupees One
Hundred Million), and the National Commission can exercise jurisdiction where such value
exceeds INR 100,000,000 (INR One Hundred Million).

- E-Filing of Complaints: The New Act provides flexibility to the consumer to file complaints
with the jurisdictional consumer forum located at the place of residence or work of the
consumer. This is unlike the current practice of filing it at the place of purchase or where the
seller has its registered office address. The New Act also contains enabling provisions for
consumers to file complaints electronically and for hearing and/or examining parties through
video-conferencing. This is aimed to provide procedural ease and reduce inconvenience and
harassment for the consumers.

- Establishment of Central Consumer Protection Authority: The New Act proposes the
establishment of a regulatory authority known as the Central Consumer Protection Authority
(CCPA), with wide powers of enforcement. The CCPA will have an investigation wing, headed
by a Director-General, which may conduct inquiry or investigation into consumer law violations.

- The CCPA has been granted wide powers to take suo-moto actions, recall products, order
reimbursement of the price of goods/services, cancel licenses and file class action suits, if a
consumer complaint affects more than 1 (one) individual.

- Product Liability & Penal Consequences: The New Act has introduced the concept of
product liability and brings within its scope, the product manufacturer, product service provider
and product seller, for any claim for compensation. The term 'product seller' is defined to include
a person who is involved in placing the product for a commercial purpose and as such would
include e-commerce platforms as well. The defense that e-commerce platforms merely act as
'platforms' or 'aggregators' will not be accepted. There are increased liability risks for
manufacturers as compared to product service providers and product sellers, considering that
under the New Act, manufacturers will be liable in product liability action even where he proves
that he was not negligent or fraudulent in making the express warranty of a product. Certain
exceptions have been provided under the New Act from liability claims, such as, that the product
seller will not be liable where the product has been misused, altered or modified.

- Unfair Trade Practices: The New Act introduces a specific broad definition of Unfair Trade
Practices, which also includes sharing of personal information given by the consumer in
confidence, unless such disclosure is made in accordance with the provisions of any other law.

- Penalties for Misleading Advertisement: The CCPA may impose a penalty of up to INR
1,000,000 (Indian Rupees One Million) on a manufacturer or an endorser, for a false or
misleading advertisement. The CCPA may also sentence them to imprisonment for up to 2 (two)
years for the same. In case of a subsequent offence, the fine may extend to INR 5,000,000
(Indian Rupees Five Million) and imprisonment of up to 5 (five) years. The CCPA can also
prohibit the endorser of a misleading advertisement from endorsing that particular product or
service for a period of up to 1 (one) year. For every subsequent offence, the period of
prohibition may extend to 3 (three) years.

- The New Act fixes liability on endorsers considering that there have been numerous instances
in the recent past where consumers have fallen prey to unfair trade practices under the
influence of celebrities acting as brand ambassadors. In such cases, it becomes important for
the endorser to take the onus and exercise due diligence to verify the veracity of the claims
made in the advertisement to refute liability claims.

- Provision for Alternate Dispute Resolution: The New Act provides for mediation as an
Alternate Dispute Resolution mechanism, making the process of dispute adjudication simpler
and quicker. This will help with the speedier resolution of disputes and reduce pressure on
consumer courts, who already have numerous cases pending before them.

14th slide
Difference between 1986 and 2019

15th slide

Data
 Cases
Cases filed
Sl. disposed Cases % of total
Name of Agency since Remarks
No. of since Pending Disposal
inception
inception

1 National Commission 129640 109336 20304 84.34%

2 State Commissions 834220 715901 118319 85.82%

3 District Forums 4177836 3854673 323163 92.26%

TOTAL 5141696 4679910 461786 91.02%

Filed/disposed yearwise since 2007 in NCDRC

S. No. Year filed disposed

1 2007 3760 2706
2 2008 5561 4073
3 2009 5688 7263
4 2010 5754 4422
5 2011 5321 4582
6 2012 6456 5327
7 2013 6667 6153
8 2014 7213 7097
9 2015 6234 7678
10 2016 7964 6070
11 2017 10298 5883
12 2018 9078 6379
13 2019 6667 5209
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Axis Title

filed disposed

Yearwise Pendency NCDRC, NCDRC

Year Cas Type Filed Disposed Pendency
consumer case(CC) 2199 1960 239
Revision Petition(RP) 25447 25251 196
Upto 2010 First Appeal(FA) / Appeal(A) 4171 4076 95
consumer case(CC) 301 222 79
Revision Petition(RP) 4246 4093 153
2011 First Appeal(FA) / Appeal(A) 551 485 66
consumer case(CC) 357 208 149
Revision Petition(RP) 4961 4746 215
2012 First Appeal(FA) / Appeal(A) 789 643 146
consumer case(CC) 453 279 174
Revision Petition(RP) 4905 4583 322
2013 First Appeal(FA) / Appeal(A) 892 643 249
consumer case(CC) 605 390 215
Revision Petition(RP) 4596 4301 295
2014 First Appeal(FA) / Appeal(A) 1462 1215 247
consumer case(CC) 1544 1126 418
Revision Petition(RP) 3323 2825 498
2015 First Appeal(FA) / Appeal(A) 1047 725 322
consumer case(CC) 2281 1351 930
Revision Petition(RP) 3599 2637 962
2016 First Appeal(FA) / Appeal(A) 1795 1300 495
 consumer case(CC) 3907 1497 2410
Revision Petition(RP) 4110 2669 1441
2017 First Appeal(FA) / Appeal(A) 2584 1690 894
consumer case(CC) 2839 490 2349
Revision Petition(RP) 3552 1801 1751
2018 First Appeal(FA) / Appeal(A) 2305 1003 1302
consumer case(CC) 2089 119 1970
Revision Petition(RP) 2306 462 1844
2019 First Appeal(FA) / Appeal(A) 2027 642 1385
consumer case(CC) 8933
Total Pending Revision Petition(RP) 7677
First Appeal(FA) / Appeal(A) 5201

Statistics of Cases Admissibility of NCDRC, NCDRC for the period of 2019-01-

01 to 2019-10-21
No. of No. of No. No.
Cases Cases No. of of
not Updat of Case Case
updat ed Case s s Averag Avera
No. ed with s admit Rejec e no of ge no
of with Admis admit ted in No. of ted Admiss days
Case Admis sion No. of ted more Cases (1)- ions taken
s sion Status Cases withi than Still not (2)- (3)/(( for
Filed Status (1)- admitte n 21 21 admitte (3)- 1)-(2)- admis
(1) (2) (2) d(3) Days Days d(4) (4) (4)) son
6561 0 6561 1393 1086 307 4575 593 70.14 21.51

http://cms.nic.in/ncdrcusersWeb/dashboard.do?method=loadDashBoardPub

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case study
Dipika Pallikal wins consumer
case against Axis Bank
A consumer court in Chennai has directed Axis Bank to pay a compensation of Rs 5 lakh to
Dipika Pallikal, squash champion and Arjuna awardee, for “deficiency in service”. The bank
was also directed to pay her Rs 5,000 as expenses.

The Padma Shri recipient, in a petition filed in 2012, said she had faced humiliation and loss
of reputation, as a transaction using the bank’s debit card at a hotel in the Netherlands’
Rotterdam failed, though she had a balance of more than 10 times the billed amount in her
account. The bank claimed the incident was a case of “force majeure”, which means a
natural and unavoidable catastrophe or an act of god, and beyond their control.

Besides, a cheque of Rs 1 lakh, issued by the government of India as an award to Pallikkal,

was returned to the sportsperson. The bank, later, blamed it on a technical error.

It was then that Pallikal, ranked Number 1 in India and 11th in the world, approached the
consumer redressal forum, seeking compensation of Rs 10 lakh.

“This is a victory for the consumers of India. It reaffirms our faith in consumer courts. It will
motivate other consumers who are wronged by service providers to stand up and fight for
justice. A big thank you to all those who stood by me,” said Pallikal, in a statement.

MAHARASHTRA CONSUMER COMMISSION SLAPS FINE OF RS ONE LAKH ON

COCA COLA
The Maharashtra State Consumer Commission has asked Coca Cola, one of the international
fizzy drinks manufacturer, its bottler and distributor to pay Rs one lakh in damages to a
consumer who found impurities in a bottle of soft drink that he had bought.

Chandrashekhar Paradkar, a resident of Shankar Nagar area here, filed a complaint with the
Nagpur district Consumer Grievances Fourm seeking compensation of Rupees four lakh after he
found some solid objects inside a sealed bottle of a soft drink. He had bought six various brands
of the soft drink— two bottles each of Mazaa, Coca Cola and Sprite from a shop near his house.

Based on that, the District Forum earlier gave a ruling after finding Coca Cola, its bottlers
Superior Drinks Pvt. Ltd. and distributors Balaji Sales guilty of supplying drinks unfit for human
consumption, which was upheld by the State Consumer Commission. The District Forum had
found objects resembling pieces of mosquito repellent mats floating inside the sealed bottle.
Having conducted the tests by a Public Health Laboratory, they found the drink unfit for human
consumption. The District Forum came down heavily on the company saying multinational
giants would not be allowed to have a free run and exploit a poor country like India by
manufacturing and marketing sub-standard products. While giving its ruling, the District Forum
relied upon the historic Donald versus Stevenson case, wherein heavy compensation had been
awarded to a consumer, who had found rusted nails inside a bottle of ginger beer.

The above case is just one of the examples of the many problems that consumers might have to
face in the purchase, use and consumption of goods and services.

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Conclusion

 The year 1986 has gone in the history as the golden period of consumer protection,
particularly because the role ofthe voluntary consumer associations was recognized in
the Act itself. It not only saw the birth of the historic Consumer Protection Act, but also
far reaching amendments to a bunch of consumer legislations. The Act was effective
and purposeful. But, in order to make it more effective, certain amendments were
purposed. It also protects the consumer from deficient services. The judiciary has played
a very important role in balancing the interests of the providers and users of service