Consumer Protection Act 1986

22
JAGO GRAHAK JAGO

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Consumer Protection Act 1986 CPA , Indian law, Consumer rights

Transcript of Consumer Protection Act 1986

Page 1: Consumer Protection Act 1986

JAGO GRAHAK JAGO

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Consumerism

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Consumer Protection Act-1986IS THE CONSUMER REALLY

A KING TODAY ?

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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.

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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.

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VOLUNTARY CERTIFICATION

• BUREAU OF INDIAN STANDARDS – ISI• HALLMARK

• SILKMARK• AGMARK

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• 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.

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• The Food Safety and Standards Act

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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”.

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

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

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

• National Consumer Helpline

• Comp. Act

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Consumer not e-King

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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

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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

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CONSUMER AWARENESS