The consumer protection Act, 1986, provides for the better protection of consumers.

Unlike existing laws which are punitive or preventive in nature, the provisions of this
Act are compensatory in nature. The act is intended to provide simple, speedy and
inexpensive redressed to the consumers' grievances, award relief and compensation
wherever appropriate to the consumer. The act has been amended in 1993 both to
extend its coverage and scope and to enhance the powers of the redressed
machinery.
All of us are consumers of goods and services. For the purpose of the Consumer
Protection Act, the word "Consumer" has been defined separately for "goods" and
"services".
(A) For the purpose of "goods", a consumer means a person belonging to the
following categories:
One who buys or agrees to buy any goods for a consideration which has been paid
or promised or partly paid and partly promised or under any system of deferred
payment;
It includes any user of such goods other than the person who actually buys goods
and such use is made with the approval of the purchaser.
(B) For the purpose of "services", a "consumer" means a person belonging to the
following categories:
Under the Consumer Protection Act, a complaint means any allegation in writing
made by a complainant in regard to one or more of the following: Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up
sales adopted by any trader.
A trader charging excess of price.
(i) Fixed by or under any law for the time being in force; or
(ii) Displayed on goods; or
(iii) Displayed on any packet containing such goods.
Procedures for filing complaints and seeking redressed are simple.

STATUTORY RIGHTS OF THE CONSUMERS:

The Consumer Protection Act, 1986, guarantees the following statutory rights to the
consumersThe right to be protected against the marketing of goods and services which are
hazardous to life and property: To simplify this it can be said that it is the duty of the
manufacturers and the distributor not to supply any goods to the consumers which
fails to comply with the general safety requirements in all circumstances. It is
important to know that safety standards are published from time to time by the
relevant authorities in relation to many types of consumer goods.
The right to be informed about the quality, quantity, potency, purity, standard and
price of goods or services, as the case may be, so as to protect the consumer
against unfair trade practices; by simplifying this right it can be said that consumers
are given the right to information. This is intended to save the consumers from unfair
trade practices like false and misleading descriptions about the nature and quality of
goods, exaggerated statements about their power or potency, for example, that the
hair oil is capable of promoting hair growth or preventing hair loss where there is no
such power to an appreciable extent.
The right to seek redressed against unfair trade practices or restrictive trade
practices or unscrupulous exploitation of consumers; The consumers have been
given the right to seek redress against restrictive/unfair trade practices or
unscrupulous exploitation. The right can be explained clearly by following example where money was deposited in advance for the supply of a car within two months
and the car was actually supplied some time after two months, in such situation
retention of money beyond the period of two months is an unfair trade practice and
the consumers can claim proper interest on the deposit for the period of delay.
However, consumer's strongest and the most precious right, which he keeps to the
last, is the 'refusal to buy' and withdraw the patronage from the seller who always
craves for it because, without it, he has none to sell.

EXCERSING U R RIGHT AS CONSUMER:

Q. What should I do in case my Rights as a Consumer are violated?
A) Before you start to take legal action it is important to try and resolve the problem
yourself. Make sure you are calm. Be clear and reasonable. If you are not sure what
you are entitled to do under the law, ask for advice first. Do not loose your temper.
Talk to all the concerned persons. All this would hold you in good stead if and when
your case goes to court.
Q. What are some other useful tips in case of defective products?
A lot of times, some simple tips like getting back to the seller or trader would save
you a lot of time, money and tension. Most respectable manufacturers/ shop keepers
have an exchange or money back policy which could be availed of. The following tips
would be handyTell the trader/ service provider as soon as you discover the fault so that you could
exchange the product or get the appropriate remedy immediately.
Do not delay in regard to return back to the seller or trader. A lot of products have a
limited warranty period and if the complaint is within time then you may be able to
get the remedy you want quickly.
Always give the trader or organization the chance to sort out your problem, before
resorting to Court action.
Q. What are the required documents and facts?
A) Always keep copies of your bills, written contracts, estimates, receipts, warranties,
and other documents that are related to the complaint. Keep detailed written notes of
all conversations with the business including names and dates...? Keep copies of
any letters you send. Never throw away or misplace any of these documents after
you make your purchase as most people often do.

Q. What are my legal rights?

A) Firstly the consumer has a right to be protected from defective goods & service.
You have a right to be informed about and the right to choose from a variety of goods
and services. The consumer also has a right to be heard and to seek redressed in
case of a deficiency or defect in the goods or services purchased. It is important for
all consumers to know their rights and to be able to be exercising them freely.
Therefore you are entitled to approach a consumer court for justice.
Q. What are my legal rights?
A) Firstly the consumer has a right to be protected from defective goods & service.
You have a right to be informed about and the right to choose from a variety of goods
and services. The consumer also has a right to be heard and to seek redressed in
case of a deficiency or defect in the goods or services purchased. It is important for
all consumers to know their rights and to be able to be exercising them freely.
Q. Have I exhausted all other remedies?
A) It is important to have exhausted all other remedies before filing a complaint. This
will be viewed positively in a consumer court .Going to court is a big step and should
not be taken lightly. What you will have to do is
Make sure you have complained to the right person
Find out where their Head office located.
Then proceed to write to the customer service manager who is authorized deal with
all complaints.
If any one from the local branch has not followed up with your complaint the mention
it in your letter or phone call.
It is of course, better to write and mail your complaint as you can keep a record of it
for future reference.
Remember, do not threaten or abuse any one. Always be polite but firm.

Q. Can I still go to Court if my complaint is redressed in part?

A) Yes, if you feel that the remedy provided by the trader is not what you had asked
for then you may approach the consumer courts. For example, upon detecting some
defect in a new washing machine you had just purchased you approach the seller &
inform that you would like to have it replaced with a new one. The seller however,
offers to have only the defective part repaired. If you are still not satisfied with this
offer you may approach the courts for the relief that you originally wanted.
Q. If some one performs a free service for me which is defective can I still
approach the courts for any relief?
A) No, not if the service provided to you if absolutely free. If the person who
performed the service has not received any money or pay for the service performed
then it does not fall within the definition of service under the Consumer Protection
Act. Therefore you would not be able to make him liable under the act or be able to
take him to a consumer court.
(i) Where services are rendered free of charge, with no payment received directly or
indirectly, the Act does not apply.
(ii) But, where the fees charged are required to be paid by every body availing of the
services, then the Consumer Protection Act applies.
(iii) Where charges are required to be paid by persons availing of services, but
certain categories of persons (who cannot afford to pay) are not charged for
services, then also, the Act applies.
Q. What relief can I expect on my complaint for defective products?
A) You will have to carefully consider what is the appropriate relief you want or
expect from the trader or the seller, viz.Do you wish to have your money refunded.
Do you want the product repaired?
Do you want the product replaced?
Do you want any compensation?

ARE U A CONSUMER?
Q) Who is a consumer?
A) According to the Consumer Protection Act, any person/entity who buys goods or
hires a service for personal use for consideration can be termed as a "consumer". It
would however not include goods bought for commercial purposes or resale but if
you are an entrepreneur or are self employed and the goods used, are for the
purpose of self-employment, (i.e. personally by you) you will be termed a consumer.
The term "consumer" also includes any person who uses goods with the consent of
the person who buys goods. A person who hires services or a beneficiary of such
hired services would also be termed as a consumer of such service.
Q) What Are My Rights As A Consumer?
A) Right to Safety - from harm caused by defective goods & services
Right to be Informed - about the goods being purchased & services availed
Right to Choose - from a variety of goods and services
Right to be Heard - about defective goods purchased or services rendered
Right to seek Redressed - from competent judicial or quasi judicial authorities
Right to Consumer Education - in order to enable you to exercise your rights freely
Q) What do I need to know about my rights as a consumer?
A) Consumer rights relate to that right of consumer to be protected from and be
informed about the various goods purchased & services availed of. This is
irrespective of the fact whether the consumer pays for the same directly or indirectly.
Firstly the consumer has a right to be protected from defective goods & service. You
must always have a right to be informed about and the right to choose from a variety
of goods and services.
Q) What are the special features of the Consumer Protection Act 1986?
A) The Act of 1986 is a special piece of legislation for the better protection of the
interests of consumers. In District Fora, State Commission and the National
Commission, extensive participation is given to non-legal or non-judicial persons to
be members of the District Fora, State Commission or National Commission. The Act
has been enacted to give succor and relief to the affected or aggrieved consumers

quickly with nil or no expense. The Forum created under the Act of 1986 is
uninhabited by the requirement of Court-fee or the formal procedures of Court, civil
or criminal. The consumer himself need not necessarily file complaint. Any
recognized consumers association can espouse his cause.