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Mercantile Laws – II

Notes
appellant made a complaint to the National Commission under the Consumer Protection
Act which was rejected.
The Supreme Court held that the respondent could not be held to be guilty of deficiency in
service. The staff of the airline acted fairly and in a bona fide manner, keeping in mind
security and safety of passengers and the Aircraft. The photograph on visa documents was
a photo copy and not the original which was unusual. In the circumstances, the staff took
some time to ascertain the truth and helped the appellant to reach New York the same day.
Question
Analyze the given cases and discuss the methods and functions of redressal and relaxation
to the consumer.

Source: http://www.sethassociates.com/consumer-protection-act-in-india.case.study

13.6 Summary

 Consumer Protection Act, 1986 provides for simple, quick and easy remedy to consumers.
 The Act empowers the Central Government to establish a Council to be known as the
Central Consumer Protection Council.
 The Act provides for the establishment of State Consumer Protection Councils by any
State Government.

 The Act provides for establishment in every district of a council to be known as the District
Consumer Protection Council.

 District Forum has jurisdiction to entertain complaints where the value of goods/services
complained against and the compensation, if any claimed, is less than 20 lakhs, the State
Commission for claims exceeding 20 lakhs but not exceeding 1 crore; and the National
Commission for claims exceeding 1 crore.
 The District Forum, the State Commission, or the National Commission shall not admit a
complaint unless it is filed within two years from the date on which the cause of action has
arisen.

 The District Forum, State Commission and the National Commission have been vested
with the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit
in respect of the certain matters.

 It covers all the sectors whether private, public, and cooperative or any person. The
provisions of the Act are compensatory as well as preventive and punitive in nature and
the Act applies to all goods covered by sale of goods Act and services unless specifically
exempted by the Central Government;

 It enshrines the following rights of consumers:
(a) right to be protected against the marketing of goods and services which are hazardous
to life and property;
(b) right to be informed about the quality, quantity, potency, purity, standard and price
of goods or services so as to protect the consumers against unfair trade practices;
(c) right to be assured, wherever possible, access to a variety of goods and services at
competitive prices;
(d) right to be heard and to be assured that consumers’ interests will receive due
consideration at the appropriate fora;

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