Consumer Protection Act 1986, COPRA COPRA is applicable to all goods sold and services rendered by any person /constitution pertaining to public / private or co-operative sectors. The act covers all transactions in respect of goods and services. Banking and insurance services are also covered by the act. The objective of the act is to provide better protection to the interest of the consumer. Central Consumer Protection Council has been constituted by the central government. The minister for food and civil supplies is the chairman. It has 150 members providing for representation of various groups like MPs, Commissioner of SC/ST consumer organization, women, farmers etc. consumer rights State level Consumer Protection Council has been set up at state level. The provisions of this act of compensatory in nature which means apart from the actual damages caused to the buyer or beneficiary of services, compensation for aspects like mental agony, reputation also may be decided by the judiciary. However the provisions of this act is not made applicable to Jammu and Kashmir state. Definition of the Consumer. Consumer is any person who buys any goods/ avails any service for consideration i.e. for value for example a person who got the goods or services as a gift cannot be treated as a consumer. In the transaction whether the amount is fully paid or partly paid or payment is deferred over a period of time, still the buyer or the beneficiary will be treated as a consumer. The goods should have been purchased for the self-use and not for resale or commercial use. Rights of the consumer. The rights of the consumer are: 1. To be protected against marketing of goods hazardous to life or property. 2. To be informed about quality and quantity price standard. 3. To get access to variety of goods. 4. To seek justice against unfair trade practices. 5. For consumer education. Structure: Under COPRA the Complaints/disputes can be settled at three levels depending upon the amount of claim. District forum: Each District will have one District Consumer Forum and it will comprise of three members- one person is a District Judge, second is an eminent person in trade, commerce or education. Third is a lady social worker. Term of each member is 5 years for office and is meant for claims up to rupees 20 lacs. State Commission: This is a State level Consumer dispute Redressal Commission and it is meant for claims between Rs. 20 lacs to 100 lacs. This Commission comprises of three members, High Court judge as president, two other members (one women) who have adequate experience knowledge in economic, law and who are persons of high integrity and standing. National Commission: This is at at National level and is meant for claims above Rs. 1 crore. This consists of 5 members and will be headed by a retired Supreme Court judge, designated as president. The Other member (one woman) will be percent of integrity and ability as well experienced /well informed in Economics, Law etc. Salient Features: Complaints may be consumers/ voluntary organizations/ Central or State Government. Complaints may be on account of loss or damage due to unfair trade practices. Complain should be in writing and contain all details along with the supporting documents. Complaint may be by one consumer/ group of consumers. Frivolous or vexatious complaints will be dismissed. No feee need to be paid to consumer forum while filling the complaint. Filling of complaint should be in writing and closing all documentary evidences. The cause of complaint should fall within the limitation period, as per Indian Limitation Act. The complaint should be filed within the appropriate jurisdiction as per the amount of the claim. Award may be given for removal or replacement of defective goods, refund of price, payment of damage and compensation. Award: While dealing with the case under COPRA, award is expected to be passed by the Forum President within 3 months, in case no further Chemical/ Laboratory examination of goods products is required. In case the examination is required, Award may be given in 5 months. Both the parties of the complaint have to appear before the forum. Consumer Forum has the power to serve summons to all the parties to the case to present before the forum as and when required. Once the award is passed by the forum the orders are to be complied within 30 days, so as to avoid attracting imprisonment for a period from one month to 5 years and fine ranging from Rs. 2000 to Rs.10000 for both. Any of the parties to the case, not satisfied with the Award may prefer an appeal with the next level of forum within 30 days from the date of Award.
