Copra

Consumer Protection Act 1986 (COPRA)

Objectives: 1. To protect the interest of the consumer. 2. To protect consumer against unfair trade practices. 3. To set up consumer protection council at the central and state government. 4. To provide speedy and simple redressed to consumer disputes by giving relief and compensation to consumer. 5. To protect the rights of consumers such as: a) The right to be protected against marketing of goods and services which are hazardous to life and property. b) The right to be informed about the quantity and quality and price of goods and services. c) The right to be assured and access to goods and services at competitive prices. d) Right to consumer education. e) Right to be heard and be assured that consumer interest will receive due consideration at appropriate forums. f) Right to seek redressed against unfair trade practices or restrictive trade practices.

Definition:

1. Consumer:
Consumer means any person who buys any goods for a consideration which has been paid or promised or partly paid or under any system of deferred payment.
Thus consumer includes any user of goods other than the buyer himself. He doesn’t include a person who obtains the goods for resale or commercial papers.

2. Consumer Dispute:
It means a dispute, where the person against whom a complaint has been made, denies or disputes the allegation contained in the complaint. [Section 2(1) (e)].

3. Defect:
It means any fault, imperfection or short coming in the quality, quantity or standard which is required to be maintained under any law for the time being in force under any contract whether expressed or implied in relation to any goods.

4. Deficiency:
It means any fault, imperfection or short coming in the quality, quantity or standard which is required to be maintained under any law for the time being in force under any contract whether expressed or implied in relation to any services.

5. Goods:
It means every kind of moveable property other than actionable claims of money and includes stock and shares, growing crops, grass and things attached to or forming a part of land which are agreed to be served before sale or under the contract of sale.

6. Services:
It means service of any description which is made available to potential users. It includes the provision of facilities like banking, financing, insurance, transport, supply of electrical and other energy, house construction, entertainment and other information. It excludes any services done free of charge or personal service.

Consumer Protection Council: (Sec 4 - 8)
There are two consumer protection council: I. Central council II. State council

I. Central Consumer Protection Council (Sec 4 - 6)

1. Constitution: The central government by notification may form a council known as Central Council.

2. Meeting:
A council shall meet at least once in every year its place and time of meeting may be decided by the chairman.

3. Object:
The central councils object shall be to protect and promote different consumer rights. * The right to be protected against marketing of hazardous goods and services. * The right to be protected against unfair trade practices. * The right to get various goods and services at competitive prices. * The right to be redressed against unfair trade practices. * The right to consumer education.

II. State Consumer Protection Council (Sec 7 - 8)

1. Constitution:
The state government may also set up by notification a council known as State Council.

2. Composition:
The council shall have State Minister in charge of consumer affair as a chairman and members nominated by the State Government.

3. Meeting:
It shall meet at least twice in every year. Its time and place of meeting is decided by the Chairman.

4. Object:
The object of the State Council is to promote and protect the consumer rights within the State.

Consumer Redressal Agencies
Under Sec 9 of the act three consumer dispute redressal agencies can be set up namely:

I. District forum II. State commission III. National commission

I. District Forum

1. Establishments: It is established by the state government in each district of the state by notification. 2. Composition: President and two other members, one of whom shall be a women appointed by the state government and shall hold office for 5 years. 3. Jurisdiction: We shall have jurisdiction to entertain complaints where the value of the goods or services and compensation claimed does not exceed Rs.2000000.

4. Who can file a complaint: * Consumer * Any recognized consumer association * One or more consumers in a representative capacity for the benefit of all the consumers * The Central or State Government

5. Location of Jurisdiction:
At a place where opposite party or each of the opposite parties reside or carries on business or as a branch.

6. Complaint: * It means any allegation made in regard to the following: * That he has suffered a loss or damage as a result of any unfair trade practices adopted by any trader. * That the goods bought by him suffer from one or more defects. * That the services hired by him suffers from deficiencies in any respect. * Over charging. * Hazardous goods are being offered for sale.

7. Procedure: 1. A copy of the complaint to the opposite party directing to give his version within a period of 30 days. 2. Where complaint alleges defect which cannot be determined without proper analysis the forum may refer samples with 45 days. 3. The cost of laboratory test may be paid by the complaint. 4. The complainant and the opposite party may be given reasonable opportunity of being heard on the correctness of the report. 5. District forum may decide the case on the basis of evidence for this purpose it shall have same powers of civil court.

Relief Available to Consumers: 1. Removal of defects from the goods. 2. Replacement of goods. 3. Refund of price paid. 4. Award compensation for any loss. 5. Removal of deficiency in services. 6. To discontinue unfair trade practices. 7. Not to offer Hazardous goods for sale etc. Appeal any person not satisfied by the order made by District Forum may appeal against it to the State Commission within 30 days.

II. State Commission

1. Establishment:
It is established by the State Government in the State by notification.

2. Composition:
A President and two other members, one of whom shall be a women appointed by State Government and shall hold office for 5 years.

3. Jurisdiction:
It shall have jurisdiction to entertain complaints where the value exceeds 20 lakhs upto 1 crore and appeal against any order of District Forum.

4. Procedure:
Procedure, manner of relief for the disposal of complaints by the district forum shall be applicable with such modification as may be necessary.

5. Appeal:
Any person not satisfied by an order made by the State Commission may make an appeal against such order to the National Commission within a period of 30 days from the date of the order.

III. National Commission

1. Establishment:
It is established by the Central Government by notification.

2. Composition:
It consists of President and 4 other members.

3. Jurisdiction:
It shall have jurisdiction to entertain complaints above 1 crore and any appeal against any order of State Commission.

4. Procedure:
Procedure, manner of relief for the disposal of complaints by the district forum shall be applicable with such modification as may be necessary.

5. Appeal:
Any person not satisfied by an order made by the State Commission may make an appeal against such order to the National Commission within a period of 30 days from the date of the order.

6. Time Limit:
The District, State or National Commission shall admit a complaint only if it is filed within a year and the District Forum must decide the case within 5 months, National and State Commission are required to decide within 90 days from the date of first hearing.