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Unit 2: The Consumer Protection Act

3. To empower the Consumer Councils and other authorities to settle consumers’ disputes Notes
and matters connected therewith.
Other salient features of the Act are:

1. It applies to all goods and services unless specifically exempted by the Central
Government.
2. It covers all sectors whether private, public or co-operative.
3. It confers certain rights on consumers.
4. It envisages establishment of consumer protection councils at the Central and State levels
whose main object shall be to promote and protect the rights of the consumers.
5. The provisions of this Act are in addition to and not in derogation of the provisions of any
other Act.

The Act in terms of geographical application extends to the whole of India except
the State of Jammu and Kashmir [S.1(2)]. Further, it applies to all goods and services, unless

otherwise expressly notified by the Central Government.
The Consumer Protection Act, 1986 was substantially amended in 1991, 1993 and 2002.
Complainant: A complainant means any of the following and having made a complaint:
(i) a consumer; or
(ii) any voluntary consumer association registered under the Companies Act, 1956 or under
any other law for the time being in force; or
(iii) the Central Government or any State Government; or
(iv) one or more consumers, where there are numerous consumers having the same interest;
or
(v) in case of death of consumer, his legal heir or representative.
Complaint: ‘Complaint’ means any allegation in writing made by a complainant with a view to
obtaining any relief under the Act, that:
(i) any unfair trade practice or restrictive trade practice has been adopted by any trader or
service provider; and the complainant has suffered loss or damage;

(ii) the goods bought by him or agreed to be bought by him suffer from defect(s) in any
respect;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from

deficiency in any respect;
(iv) a trader or the service provider, as the case may be, has charged for the goods or for the

services mentioned in the complaint, a price in excess of the price (a) fixed by or under any
law for the time being in force; (b) displayed on the goods or any package containing such
goods; (c) displayed on the price list exhibited by him by or under any law for the time
being in force; (d) agreed between the parties;
(v) goods which will be hazardous to life and safety when used are being offered for sale to
the public (a) in contravention of any standards relating to safety of such goods as required
to be complied with, by or under any law for the time being in force; (b) if the trader could
have known with due diligence that the goods so offered are unsafe to the public.

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