Consumer Protection Act 1986

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Consumer Protection Act 1986 CPA , Indian law, Consumer rights

Transcript of Consumer Protection Act 1986

JAGO GRAHAK JAGO

Consumerism

Consumer Protection Act-1986IS THE CONSUMER REALLY

A KING TODAY ?

Mahatma Gandhi said that” the rich must live more simply so that the poor may simply live.”

There cannotbe a better expression championing the cause of sustainableconsumption.

CONSTITUTION OF INDIA

• Article 21 - Right to LifeIncludes right to heath and protection against any harm

• Article 39 - The health and strength of the tender age of children are not abused. The childhood and youth are protected against exploitation

• Article 47 - Duty of the state to raise the standard of living and to improve public health.

VOLUNTARY CERTIFICATION

• BUREAU OF INDIAN STANDARDS – ISI• HALLMARK

• SILKMARK• AGMARK

• Almost all countries have some form of regulations to prohibit unsafe toy entering into the market.

• There is also International Code ISO 8124 in this regard.

• The Food Safety and Standards Act

In the International Conference on Consumer Protectionheld in Malaysia in 1997, the Indian Consumer Protection Act wasdescribed as one “which has set in motion a revolution in the field ofconsumer rights, the parallel of which has not been seen anywhereelse in the world”.

Confidence of the consumer ultimately depends upon thesuccessful functioning of the Consumer Commissions/Forums.

LucknowDevelopment Authority Vs. M.K.Gupta – Good Governance

The Major Issues• Illiteracy and Ignorance• Unorganised Consumers• Spurious Goods• Deceptive Advertising • Malpractices of Businessmen

• National Consumer Helpline

• Comp. Act

Consumer not e-King

THE PRE-1986 POSITION

• SPORADIC ACTS AND LAW OF TORTS PROTECTING CONSUMER RIGHT

• REMEDY THROUGH CIVIL COURT• ELABORATE RULE OF EVIDENCE AND

PROCEDURE• TIME CONSUMING AND COSTLY

WHY THE CONSUMER PROTECTION ACT 1986?

• UN GUIDELINES FOR THE CONSUMER PROTECTION

Protect from hazard to health & safety;

Promote & protect economic interests;

Provide adequate information for informed choice;

Consumer education;

Provide effective redress—formal and informal procedures;

Freedom to form groups & present views in decision-making

affecting consumers;

• PROVIDE EASY AND USER-FRIENDLY SOLUTION TO THE CONSUMER

» Less paperwork» Nominal Charges only» Less time consuming

• SEPARATE QUASI-JUDICIAL ADJUDICATION STRUCTURE

CONSUMER AWARENESS