INTRODUCTION

LAW OF TORTS
CONSUMER PROTECTION ACT 1986
By: Presented to:
Neelesh Chandra Dr. Jaswinder Kaur
18212, Group No.-04 Asst. Prof. of Law
 It is not necessary that every act passed by legislature must
have the preamble. However, when preamble is added to an
Act, it is a part of Act itself. The preamble of consumer
protection Act, 1986 reads a follows: “An act to provide for
better protection of the interest of consumers and for that
purpose to make provision for the establishment of
consumer councils and other authorities for the settlement
of consumer’s disputes and for matters connected
therewith.” From above, it would be seen that the consumer
protection Act, 1986 seeks to provide for better protection of
the interest of consumers and for that purpose to make
provision for establishment of consumer councils and other
authorities for the settlement of consumers’ disputes.
 An Act to provide for better protection of the interests of
consumers and for that purpose to make provisions for the
establishments of the consumers councils and other authorities for
the settlements of consumers’ disputes and for matters connected
therewith.
 Consumer: Any person who buys any goods or hires services
for a consideration which has been paid or promised to pay, or
under any system of deferred payment when person, but does not
include with the approval of self person, but does not include a
person who obtains such goods for resale.
 Consumer Dispute: means a dispute where the person against
whom a complaint has been made, denies or disputes the
allegations contained in the complaint.
 Trader: A person who sells or distributes any goods for sale and
includes the manufacturer thereof, and where such goods are sold
or distributed in package form.
• In India, Central and State Governments have passed
various legislative enactments regarding Consumer
Protection. Among them, main Acts are:
• Drug and Cosmetics Act 1940,
• Industries Development and Regulation Act 1951
• Indian Standards Institution (Certification Marks) Act
1952
• Prevention of Food Adulteration Act 1954
• Essential Commodities (Supply) Act 1955
• The Trade and Merchandise Marks Act, 1958
• Monopolies and Restrictive Trade Practices Act 1969
• Packaged Commodities Regulation Order 1975
• Standards of Weights and Measures Act 1976
The act envisages a three tier quasi-judicial machinery:

 National Consumer Disputes Redressal Commission:

It deals with complaints involving costs and
compensation higher than Rs.1 crore.
 State Consumer Disputes Redressal Commission:
It deals with complaints involving costs and
compensation higher than Rs.20 Lacs. and less than Rs.1
Crore.
 District Consumer Disputes Redressal Forums:
It deals with complaints involving costs and
compensation less than Rs.20 Lacs.
1. Except Jammu and Kashmir state, this Act extends to
whole of India.
2. Provisions of this Act are In addition to the provisions
made previously in the context of the consumers.
3. This Act shall apply to all goods and services that come
under the scope of this Act.
• Right to Safety
• Right to Information
• Right to Choice
• Right to be Heard or Right to
• Representation
• Right to Seek Redressal
• Right to Consumer Education:
 This statute is regarded as the 'Magna Carta' in the field of
consumer protection for checking the unfair trade practices
and ‘defect in goods’ and ‘deficiencies in services’ as far as
India is concerned. It led to the establishment of a
widespread network of consumer forums and appellate
courts all over India. It has significantly impacted how
businesses approach consumer complaints and empowered
consumers to a great extent. This project has made a
detailed analysis of the Act which has revolutionized the
domain of consumer satisfaction. Taking in note all the
aspects that come under the Consumer Protection Act of
1986,including its structure ,functioning, various meanings
and most importantly its usefulness.
 Dr. M. Kochar V. Ispita Seal (2018):
The Commission held that treating doctor adopted the
standard method of IVF. The patient was properly
investigated and given proper medicines for retrieval of
eggs prior to IVF. The Commission opined that there
was no deficiency or lapses in the duty of care on the
part of the treating Doctor or OP in the case.

 Optonica Sharp India Ltd. V. Gopal Lakhotia:

The defendant were held liable to refund the cost of T.V.
Along with the compensation and was also directed to
discontinue the said ad as it amounted to unfair trade
practice.
• Not all the consumers are fully aware about the rights,
responsibilities and Consumer Protection Act. Hence, it
is necessary to educate them on their rights and
responsibilities as consumers, to make them vigilant,
rational and aware buyers.
• It is hoped that further improvement in the act would
aim at even more efficiency and render the position of
the consumers much stronger in this era of
globalization and privatization
• The concept of PILs should also be increased in the
field of consumer protection.