Consumer Protection Act, 1986 Important Points

TORAN LAL VERMA
  1. The act was passed in 5th dec 1986.
  1. There act came into force on 15th April 1987 ( Chapter I, II, and IV). It has been amended in 1991, 1993 and 2002.
  2. Chapter 3 came into force on 1st July, 1987.
  3. December 24 is observed as National Consumer Day as the Consumer Protection Act, 1986
    received the assent of the President on December 24 .
  4. A person receiving medical treatment in government hospital is not a consumer because it is a free
    service. While a person getting medical treatment in private hospital is a consumer.
  5. Hires for consideration means use of service for consideration.
  6. Consumer is who buys any goods or avail any service. (section 2-1-d).
  7. Defect is for goods (section 2-1-f) deficiency is for performance (section 2-1-g)
  8. A manufacturer is someone who manufactures, assembles, put to work.
  9. Complainant is a consumer, registered voluntary consumer association, central or state
    government, or one or more consumer combined.
  10. Some consumers are
    a. Policyholder of an insurance policy.
    b. Persons allotted flat by housing and development board.
    c. Patient getting the Treatment in private hospital.
    d. Person selling share to a share broker
  11. When the seller manipulates the price, it is known as Restricted trade practices.
  12. Under this act, the minimum age of forum member of a district forum should be 35.
  13. The maximum age for a state commission member should be 67.
  14. The maximum age national commission member should be 70.
  15. Which of the following forum can reappoint the same person as to its member? None?
  16. In which forum it is compulsory to have a female member. All.
  17. Within how many days the opposite party has to answer after they are informed about the
    complaint? 1 day.
  18. Warranty of free service is consumer. Debenture holder is also considered consumer.
  19. Three tier redressed agency district, state and center.
  20. Caveat vendor is introduced through COPRA.
  21. Restrictive Trade Practice is related with the deceits related with the price. Restrictive trade
    practices are targeted at the consumers who are burdened with restriction and unjustified costs
    through the practices of the trader. A likely or definite rise in the price of a commodity due to the
    delay of the trader to provide the good or service. A compulsion to purchase, hire or avail any good
    or service in order to obtain any other good or service. an order to buy a television from trader X,
    one needs to buy a table first.
  22. Unfair trade practices are related with promotion by adopting a deceptive method or practice.
  23. An unfair trade practice is defined under Section 2(1)(r) of the Consumer Protection Act, 1986,
    whereas, Restrictive trade practice is defined under Section 2(1)(nnn).
  24. Central protection council as per section 4A. Central minister will be the chairman.
  25. Stature consumer protection council under section 7, district council section 8.
  26. Penalty for non-compliance of the decision of the national forum can be from 1 month to 3 years
    and a fine of 2,000 to 10,000.
  27. Minimum age of a member of district forum is 35 and maximum is 65.
  28. The term of a member of a state commission is 5 years.
  29. National commission must have a minimum 4 members.
  30. Minimum qualification of member of district commission is graduation.
  31. Person aggrieved by the order made by National Commission may appeal within 30 days.
  32. Trader or person who fails to comply with the order made by District forum or State or National
    commission shall pay the penalty u/s 27 of the act.
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