CONSUMER

PROTECTION

ACT

GROUP 1

SHWETA ACHARYA (GROUP LEADER) VITTU ACHARYADHAVAL AJMERA

BHAKTHIBALA

INTRODUCTIONINTEGRAL PARTWELL-DEFINED AGENCIESAWARENESS

CONSUMER PROTECTIONHISTORY CONSUMER PROTECTION ACT, 1986 Section 1 dated 26.12.1986.andat PP 1-12

called, ´the CPA 1986 (Act No.66 of 1986) and the preamble states that :

´An Act provided 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 consumer’s dispute and for matters connected therewith.

Indian Consumer Protection

Act

INDIAN CONSUMER PROTECTIONAn Act - It is an act to provide better protection of the interests of the consumers and for that purpose to make provisions for establishment of consumer councils and other authorities for the settlement of consumer’s dispute and for matters connected therewith.

CONSUMERSection 2(1)(d)(ii) of the act “Consumer” means any person

who 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.

SERVICESection 2(1)(o)of the act “Service” means service of any description which is made available to potential users .Health care services will be service, if they are obtained for consideration.

Section 2(1)(o) of the act …and that in the event of any deficiency in the

performance of such services , the aggrieved party can invoke the remedies provided under the act by filing a complaint before the consumer forum having jurisdiction.

SERVICES

Housing and development board

Agency for publication of news

Telegraph department

Insurance co. Banking & financial

institutions Transport agencies

Faulty or medical claim

Services rendered by muncipal corporation

Services rendered by tutor,advocate

Rendered gratuitously

Non-allotment of shares

Meant to be : Not meant to be:

REALLITY !!

COMPLAINT & COMPLAINANT Complaint: means any allegations in

writing made by a complainant . Complainant: means

(a) a consumer (b) any voluntary consumer association registered under a company’s act or under any other law for time being in force.

WHO IS LIABLE TO CPA ?

o Doctors with independent practice rendering only free services.

o Private hospital charging all.o All hospital having free as well as

paying patients , they are liable to both.

o Doctors or hospitals paid by an insurance firm for treatment of a client or an employer for the treatment of an employee.

UNFAIR TRADE PRACTICESFalse RepresentationFalse offers and pricesFree gifts and price schemesNon-compliance of prescribed standards

Hoarding and Destruction

DEFICIENCY

"Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

Chocolate worm-

infestation controversy

o Pushed to the wall by the recent chocolate worm-infestation controversy, the beleaguered confectionery major Cadbury India has decided to change the packaging of its Dairy Milk range of chocolates beginning January 2004o Changeover—from the current part-sealing to complete sealing—had happened for the first time in its 40 years’ (approx) tenure here.o Cadbury India managing director Bharat Puri took this situation positively n introduced a new packing for our all time favourite chocolate.

Oct 30:

www.financialexpress.com

CONSUMER PROTECTION COUNCILS

o National / Central Protection Council

- The membership of the Council is restricted to 150 members including the Central Minister in charge of Consumer Affairs as the Chairman.

o State Protection Council - The Consumer Protection Act provides for

the establishment of State Consumer Protection Councils by the State Governments.

o District Protection Council - In order to promote and protect the rights of

consumers, within the district, the Consumer Protection Act, provides for the establishment of a District Consumer Protection Council in every district

REDRESSAL The Consumer Protection Act, 1986 (in short,

‘the Act’), is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers

To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each District and State and at the National level, called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively

CHEATING THE CONSUMERS

With the focus on empowering consumers, the government has been implementing an innovative and intensive multimedia campaign, "Jago Grahak Jago (Wake up Consumer)" to create consumer awareness in the country.Upbeat over the success of the campaign, the department of consumer affairs has sought an increase in allocation for the current fiscal to Rs 91 crore for the campaign through the electronic and print media and outdoor publicity covering the entire country. The department has already spent an amount of Rs 49 crore till November this year against the budgetary estimates of Rs 75 crore during current fiscal.

New Delhi, 22 dec 2008 :

ALWAYS INSIST ON CASH MEMO LOOK FOR THE “BEST BEFORE” OR “EXPIRY DATE”

WHEN BUYING FOOD OR MEDICAL PRODUCTS ALWAYS LOOK FOR STANDARD MARKS LIKE ISI, FPO,

AGMARK ETC.. DO NOT PAY MORE THAN MRP. ALWAYS FIGHT FOR YOUR RIGHTS IN THE CONSUMER FORA, THE CONSUMER IS

ALWAYS STRONG.

THINGS TO REMEMBER

No lawyer or agent is necessary for filing complaint or to make submission. If due to lawyer’s conduct consumer suffers, it is a deficiency in service open to readress.

Small nominal fees payable. No charges for dispatching notices to opposite parties etc.

Every complaint shall be heard and disposed of within 90 days (150 days in case of lab test) from the date of receipt of notice by the opposite party.

UNIQUE FEATURES OF CONSUMER FORA

Gandhiji probably is still saying HEY RAM! at the state of India from the heavens.

Today, although there are a lot of pluses for us in India, there are a lot of minuses too. Perhaps we have carried on the non-co-operation bit too far – even after gaining

Independence we are not co-operating with each other for the progress of our country!

Nepotism and corruption are bhai-bhai with India!

Consumer Protection Act provide for better protection of the interests of consumer & for that purpose to make provision for the establishment of consumer councils & other authorities for settlement on consumers disputes & for matters connected therewith

CONCLUSION

ReferencesCommon law-blogspot.in

Vakilsearch.comWikianswers.com

rediff.com bussinessNios.ac.in

Legalguide.inLegalhelpindia.com

Scribd.comNcdrc.com

Bussiness.gov.inBusiness law –

K.R.BULCHANDANI

Thank You !