Parliament of India | |
---|---|
Citation | Act No. 68 of 1986 |
Enacted by | Parliament of India |
Commenced | 24 December 1987 |
Repealed by | |
Consumer Protection Act, 2019 | |
Status: Repealed |
The Consumer Protection Act, 1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India. It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's grievances and matters connected with it. The act was passed in Assembly in October 1986 and came into force on December 24, 1986. The statute on the right was made before this COPRA act 1986.
The industrial revolution and the development in international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers and a host of services have been made available to the consumers like insurance, transport, electricity, housing, entertainment, finance and banking. A well organised sector of manufacturers and traders with better knowledge of markets has come into existence, thereby affecting the relationship between the traders and the consumers making the principle of consumer sovereignty almost inapplicable. The advertisements of goods and services in television, newspapers and magazines influence the demand for the same by the consumers though there may be manufacturing defects or imperfections or short comings in the quality, quantity and the purity of the goods or there may be deficiency in the services rendered. In addition, the production of the same item by many firms has led the consumers, who have little time to make a selection, to think before they can purchase the best. For the welfare of the public, the glut of adulterated and sub-standard articles in the market have to be checked. In spite of various provisions providing protection to the consumer and providing for stringent action against adulterated and sub-standard articles in the different enactments like Code of Civil Procedure, 1908, the Indian Contract Act, 1872, the Sale of Goods Act, 1930, the Indian Penal Code, 1860, the Standards of Weights and Measures Act, 1976 and the Motor Vehicles Act, 1988, very little could be achieved in the field of Consumer Protection. Though the Monopolies and Restrictive Trade Practices Act, 1969 arid the Prevention of Food Adulteration Act, 1954 have provided relief to the consumers yet it became necessary to protect the consumers from the exploitation and to save them from adulterated and sub-standard goods and services and to safe guard the interests of the consumers. In order to 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.
This Act is regarded as the 'Magna Carta' in the field of consumer protection for checking unfair trade practices, ‘defects in goods’ and ‘deficiencies in services’ as far as India is concerned. It has led to the establishment of a widespread network of consumer forums and appellate courts all over India. It has significantly impacted how businesses approach consumers and have empowered consumers to a greater extent. [1]
Consumer Protection Councils are established at the national, state and district level to increase consumer awareness. They guide consumers on how to file cases in the Consumer Disputes Redressal Commissions. [2]
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 organization established in India in 1966; It was followed by many others such as:
The objectives of the Central Council are to promote and protect the rights of the consumers such as:-
Consumer courts do not have jurisdiction over matters where services or goods were bought for a commercial purpose. [4]
Subject to the other provisions of this Act, the State Commission shall have jurisdiction:-
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
The National Consumer Disputes Redressal Commission (NCDRC) of India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act, 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired judge of the Supreme Court of India. The present head is Justice A.P. Sahi, former Chief Justice of Madras High Court of India.
Consumer Court is a special purpose court in India. It primarily deals with consumer-related disputes, conflicts, and grievances. The court holds hearings to adjudicate these disputes.
The Consumer Guidance Society of India (CGSI) is a nonprofit consumer organization established in India in 1966 to protect and educate the Indian consumer about sub-standard products and services, adulterated foods, short weights and measures, spurious and hazardous drugs, exorbitant prices, endemic shortages leading to black marketing and profiteering, unfulfilled manufacture guarantees, and a host of other problems.
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
Lok Adalat is a Statutory Organization under the Legal Services Authorities Act, 1987, and was created as an alternative dispute resolution mechanism used in India to resolve disputes/grievances outside courts. It is a forum where cases pending on panchayat, or at a pre-litigation stage in a court of law, are settled. Under this Act, the award (decision) made by the Lok Adalats is deemed to be a civil court case and is final and binding on all parties. No appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat, they are free to initiate litigation by approaching the court of appropriate jurisdiction.
The Competition Act, 2002 was enacted by the Parliament of India and governs Indian competition law. It replaced the archaic The Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India. This act extends to whole of India.
Grievance Redressal is a management- and governance-related process used commonly in India. While the term "Grievance Redressal" primarily covers the receipt and processing of complaints from citizens and consumers, a wider definition includes actions taken on any issue raised by them to avail services more effectively.
The Consumer Rights Act 2015 is an act of Parliament of the United Kingdom which consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015.
A State Consumer Disputes Redressal Commission is an Indian autonomous, statutory and constitutional institution formed as a quasi judicial body at the state and union territory level under Section 2(44) of the Consumer Protection Act, 2019 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Andhra Pradesh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body for the state of Andhra Pradesh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the Andhra Pradesh State Consumer Disputes Redressal Commission is appointed by the Andhra Pradesh Government in consultation with the Chief Justice of state Andhra Pradesh High Court.
West Bengal State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in West Bengal under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Uttar Pradesh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Uttar Pradesh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Telangana State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Telangana under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Tamil Nadu State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Tamil Nadu under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Punjab State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Punjab under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Kerala State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Kerala under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Karnataka State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Karnataka under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
E-Daakhil is an online portal launched by the Indian The National Consumer Disputes Redressal Commission (NCDRC) in September 2020 for facilitation of offline and online complaints relating to the Consumer Protection Act, 2019 by consumers. The portal is available across all State Consumer Redressal Commissions.
Chhattisgarh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Chhattisgarh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.