Role

COPRA,1986

&

Importance

of

Consumer Protection Act,1986

[ Act of 1986]
[24 th
December,1986]

PREAMBLE
An Act to provide for better protection of the interests of
consumers and for that purpose to make provision for the
establishment of consumer councils and other authorities for the
settlement of consumers disputes and for matters connected
therewith

Introduction
The Consumer Protection Act of 1986 is a social welfare
legislation which was enacted as a result of widespread
consumer protection movement.The main objective of the
legislature in the enactment of this act is to provide for the
better protection of the interests of the consumer and tomake
provisions for establishment of consumer councils and other
authorities for settlement of consumer disputes and matter
therewith connected. In order to promote and protect the rights
andinterests of consumers, quasi judicial machinery is sought
to be set up at district, state and centrallevels. These quasi
judicial bodies have to observe the principles of natural justi
and have been empowered to give reliefs, of specific nature
and also to impose penalties for non compliance of the orders
given by such bodies.

The main object of these bodies is to provide speedy and

simple redressal toconsumer disputes. It is one of the
benevolent pieces of legislation intended to protect
theconsumers at large from exploitation. The consumer
protection Act, 1986 is one of thebenevolent social legislation
intended to protect the large body of consumers from
exploitation.The Act has assumed the shape of practically the
most important legislation enacted in thecountry during the last
few years. It has become the vehicle for enabling people to
secure speedyand inexpensive Redressal of their grievances
with the enactment of this law. Consumers nowfeel that they
are in a position to declare "Sellers be Aware" whereas
previously the consumers were at the receiving end generally
told Buyers be Aware.

How Was The Act Enacted

The act was passed in Lok Sabha on 9th December,1986 and

Rajya Sabha on 10thDecember, 1986 and assented by the
President of India on 24th December, 1986 and was published
in the Gazette of India on 26th December, 1986. This act was
enacted in the 37th year of the Republic of India and was
amended from time to time in the following years i.e.
1991,1993 and 2002.

The COPRA (AMENDMENT) ACT,2002

Recently,the parliament has incoporated certain important
amendments in the present Consumer Protection Act by way of
the Consumer Protection (Amendment) Act,2002 with effect
from 17th December,2002.

Special Features of the Ammendment Act,2002

 Legal representative can pursue complaint.

Charging of excess price by trader or service provider is
consumer disputes.
Establishment of Consumer Protection Council at district
level.
Enhancement of pecuniary jurisdiction.
Conditional right to appeal
Provision for transfer of cases and Circuit Benches
Limitation for preferring appeal.
Power to older attachment of property.
Scope of maintainability of appeal enhanced.
Modes of service of notice modernised.
National Commission empowered to make regulations.

Aims and Objectives of the Act

The Act is dedicated,as its preamble shows,to provide for better
protection of the interests of consumers and for that purpose to
make provision for the establishment of consumer councils and
other authorities for settlement of consumer disputes and for
other connected matters.In the statement of objects and
reasons it is said that the Act seeks to provide speedy and
simple redressal to consumer disputes.A quasi-judicial
machinery has been set up at the District,State and Central
levels.These quasi-judicial bodies have to observe the
principles of natural justice and have been empowered to give
reliefs of a specific nature and to award,wherever
appropriate,compensation to consumers.Penalties for noncompliance of orders given by the quasi-judicial bodies have
also been provided.
The object and purpose of enacting the Act is to render
simple,inexpensive and speedy remedy to the consumers with
complaints against defective goods and deficient services and
for that a quasi-judicial machinery has been sought to be set up
at the District,State and Central Levels.These quasi-judicial
bodies are required to observe the principles of natural justice

and have been empowered to give relief of a specific nature

and
to
ward,wherever
appropriate,compensation
to
consumers.Penalties for non compliance with the orders given
bynthe quasi-judicial bodies have also been provided.

Importance of the Preamble as Stressed by

Supreme Court
To begin with the preamble of the Act,which can afford useful
assistance to ascertain the legislative intention,the Act was
enacted to provide better protection of the interests of
consumers.Use of the word protection furnishes the key to the
mind of the makers of the Act.Various definitions and provisions
which elaborately attempt to achieve this objective have to be
construed in this light without departing from the settled view
that a preamble cannot control the otherwise plain meaning of
a provision.The law of consumer protection has come to meet
the long felt remedy under the ordinary law for various reasons
has become illusinory.Various legislations and regulations
permitting the state for unscrupulous ones as the enforcement
machinery
either
does
not
move
or
moves
ineffectively,inefficiently and for reasons which it is not
necessary to state.The importance of the Act lies in promoting
welfare of the society in as much as it attempts to remove the
helpnessness of a consumer which he faces against powerful
business,described as a network of rackets or a society in
which producers have secured power to rob the rest and the
might of public bodies which are degenerating into storehouses
of inaction where papers do not move from one desk to another
as a matter of duty and responsibility but for extraneous
consideration leaving the common man helpless,bewildered
and shocked.The malady is becoming so rampant,widespread
and deep that the society instead of bothering,complaining and
fighting against it,is accepting it as part of life.The enactment
in these unbelievable yet harsh realities,appears to be a silver
lining,which may in course of time succeed in checking the rot.

Who is a Consumer ?
The expression consumer is defined inS.2(1)(d) of the Act.The
primary purpose of the definition is to restrict the availability of
consumer remedies to consumers only.The method adopted is
to confine the Act to non-business buyers from business
sellers.The definition is as follows:
2(1)(d) consumer means any person who,-

(i) Buys any goods for a consideration which has been paid or
promised or partly paid and partly promised,or under any
system of deferred payment and includes any user of such
goods other than the person who buys such goods for
consideration paid or promised or partly paid or partly
promised,or under any system of deffered payment when
such use is made with the approval of such person,but
does not include a person who obtains such goods for
resale or for any commercial purpose;or
(ii)
Hires or avails of any services for a consideration
which has been paid or promised or partly paid and partly
promised,or under any system of deferred payment and
includes any beneficiary of such services other than the
person who hires or avails of the services for consideration
paid or promised,or partly paid and partly promised,or
under system of deferred payment,when such services are
availed of with the approval of the first mentioned person
but does not include a person who avails of such services
for any commercial purpose;

Rights of the Consumer

According to the bill on consumer rights there are four rights of
the consumer.They are as follows:-

Right
Right
Right
Right

to
to
to
to

safety
information
choose
be heard/Right to redressal

Consumer Protection Councils

Sections 4,5,67&8 of the Act makes provision for the
establishment of Consumer Protection Councils.The State
Government is authorized by the Act to establish by
notifications,council at the Central,State & District levels to be
known as Central Consumer Protection Council,Consumer
Protection Council & District Consumer Protection Council
respectively.It also lays down the objects of the said councils.It
also makes provisions for appointment of Chairman & other
official and non-official members of the said council.

Objectives
Objectives of Central Council
The objectives of the Central Council is to promote and protect
the
rights
of
the
consumers
such
as:a) - the right to be protected against the marketing of goods
and services which are hazardous to life and property.
b) - 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
.
c) - the right to be assured, wherever possible, access to a
variety of goods and services at competitive prices.
d) - the right to be heard and to be assured that consumer's

interests will receive due consideration at appropriate forums.

e) - the right to seek redressal against unfair trade practices or
restrictive trade practices or unscrupulous exploitation of consumers;
and

Objectives of State Council

The objects of every State Council shall be to promote and
protect within the State the rights of the consumers laid down
in clauses (a) to (f) in central council objectives

Consumer Dispute Redressal Agencies

There shall be established for the purposes of this Act, the
following agencies, namely:
(a) a Consumer Disputes Redressal Forum to be known as the
"District Forum" established by the State Government in each
district of the State by notification:
Provided that the State Government may, if it deems fit,
establish more than one District Forum in a district.
(b) a Consumer Disputes Redressal Commission to be known as
the "State Commission" established by the State Government
in the State by notification; and
(c) a National Consumer Disputes Redressal Commission
established by the Central Government by notification.

Importance of Consumer Protection Act

The main
idea behind enactment of
explanatory that is to
protect the consumer
almost all the

from

unfair

this act
trade

is self

practices.

As

commercial organization are well managed and well versed

with the market
condition so certainly they are in the better dominating position
and use it to
exploit the consumer. To avoid this exploitation this act is a
landmark in the
history of social-economic legislation and has been regarded
as the most
progressive,
comprehensive,
legislation. The basic

and

unique

piece

of

purpose of this act is to provide for the simple and speedy

justice unlike
other existing laws which are punitive and preventive in nature.
Ensuring the
welfare
of
the
consumer
responsibilities of the
government and hence
introduced. The

is

one

of

the

major

the consumer protection act was

special characteristic of this act is speedy and inexpensive

justice to the
consumers grievance and further to endow with relief of
specific nature and
award compensation wherever appropriate. In one of the
conference held in
Malaysia in 1997, this Act was described as one which has set
in motion
revolution in the fields of consumer rights, the parallel of which
has not been

seen anywhere in the world. This act further ensures the

rights of the
consumer viz the
redressal, public

right

of

choice,

safety,

information,

hearing and consumer education.

The most important trait of this act is the provision for setting
up three-tier
quasi judicial machinery popularly known as consumer courts
at national,
state, and district levels. A complaint is to be made to the
district forum of
the concerned
services and

district

where

the

value

of

goods

and

compensation, if any, is up to Rs 20 lakhs, to the 'State

Commission'
between Rs 20 lakhs and Rs 100 lakhs, and to the National
Commission for
more than Rs 100 lakhs. Interestingly, there is provision for
appeals against
the orders of a particular redessal forum by the aggrieved party
before the
next higher echelon and even from the findings of the National
Commission
before the Supreme
Commission functions

Court.

The

Apex

Court,

National

in Delhi. All these courts have handled nearly 13 lakh cases of

which about

10 lakhs cases have been disposed of. The disposal of 77 per

cent of the
cases is not a mean achievement. However, it should be noted
that only
period of 90 days or 150 days (where testing is required).
These facts really
cause concern for the Government and consumer in general.
The National
Commission has identified the reasons for the slow disposal
and has come
out with suggestions for amending the act with a view to
improve disposal
rate within the time limit prescribed in the Act. Therefore the
Government
has been contemplating a number of amendments to the Act.
The necessity
and efficacy of this Act is vast particularly in internet
marketing. The
consume buysgoods or services through image on the screen
and trust
the specification cited by the vender. The buyer can not have
physical access
to the commodity before getting delivery.Now,
goods/services
are not in conformity with
provided to the

in case

the specification, protection

the
is

buyer
through establishment of special court and by
introduction of special

legislation under CPA. The Act provide for better protection of

the interest
of the consumers and for that purpose to make provisions
for the
establishment of consumer councils and other authorities for
the settlement
of consumers dispute and for matters connected therewith.

Mugdha Tomar
Sec B
Roll 63
First Semester