Consumer protection act-1986
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Transcript of Consumer protection act-1986
A Presentation on
Consumer Protection Act-1986
Prepared by : Ankita Chaniyara Madhuri Bhatt Kailash Naghera Mamta Zankat
CONSUMER PROTECTION ACT, 1986
Enacted to provide for the better protection of the interest of consumer.
Act applies to whole of India except Jammu and Kashmir.
The act was amended in 2002 and the amendments came into force i.e.. 15th March 2003.
Who is a consumer ?
WHO IS A CONSUMER?
Two kinds of consumer under the Act
Consumer of goods buys or agrees to buy goods any user of such goods
Consumer of services
hires or avails any services
any beneficiary of such service
OBJECTIVES OF CONSUMER PROTECTION ACT
Better protection of interest of consumer.
Protection of rights of consumers.
To settle the consumer disputes.
To make provision for the establishment of consumer council.
NEED OF CONSUMER PROTECTION ACT
Unfair trade practice
Restrictive trade practice
Defects
Deficiencies
CONSUMERS NEED PROTECTION AGAINST
UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use
or supply of goods or services e.g. misleading advertisement
Misleading public about price (e.g. bargain price when it is
not so).
Charging above MRP printed.
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Misleading public about another’s goods or
services.
Falsely claiming a sponsorship, approval or
affiliation.
Offering misleading warranty or guarantee.
RESTRICTIVE TRADE PRACTICE Price fixing or output restraint re:
delivery/flow of supplies to impose unjustified costs/restrictions on consumers.
Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition.
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Supplying only to particular distributors or on condition of sale only within a territory.
Delaying in supplying goods/services leading to rise in price.
Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services.
DEFECT • Fault
• Imperfection
• Shortcoming
In the
• Quality • Quantity • Purity Or • Standards
Which is required to be maintained by or under any law for the time being in force
DEFICIENCY
• Fault
• Imperfection
• Shortcoming
In the Quality
Standard and
Manner of performance
Which is required to be maintained by or under any law for the time being in force
CONSUMER'S RIGHTS
Right to safety against hazardous goods and services.
Right to be informed about quality, quantity, purity, standard, price.
Right to choose from a variety at competitive prices
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Right to be heard
Right to seek redressal
Right to consumer education
Right to Healthy Environment
Responsibility of Consumers
Consumer should not make vague or general complaints and should also have supporting information and proof such as a bill.Consumer should try to understand the viewpoint of the seller.Consumers in asserting their rights should not inconvenience or hurt other sections of the public ie resort to rasta roko movements, bandh etc.Consumers should complain against a system and not attack individuals.
WHAT IS A COMPLAINT?
Who can file a complaint?
Complaints can be filed by any consumer,
"consumer" means any person who-
(i) buys any goods for a consideration which
has been paid or promised or partly paid and
partly promised,hires or avails of any services
for a consideration which has been paid or
promised or partly paid and partly promised
(m) "person" includes,-
(i) a firm whether registered or not;(ii) a Hindu undivided family;(iii) a co-operative society;(iv) every other association of persons
whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;
Consumer complaint fee
What is the stamp duty required
No stamp or court fee is needed.
But only a nominal fee .
ESSENTIAL INFORMATION IN THE APPLICATION
› Name and full address of complainant
› Name and full address of opposite party
› Description of goods and services
› Quality and quantity
› Price
› Date & proof of purchase
› Nature of deception
› Type of redressal prayed for
Consumerism
Consumerism
Consumerism is a movement directed to protect the consumer and ensure that the consumer gets the best return in exchange for the money he spends.
Consumerism is the reaction of consumer against unfair trade practices carried out by the marketers.
Indian market is still dominated by trader
Awareness
illiteracy
Poverty
Lethargic
Goble market
Importance of consumerism in India
Reasons leading to failure to consumerism
Lengthy and tedious process Inactive nature of Indian consumer Poverty, illiteracy, lack of information Shortage of good & services Poor and inefficient roe of pubic sector. Failure of govt. to implement law lack of business
ethic
Consumerism in news
Problems of Indian Consumer
Some of the problems faced by Indian consumers are:
Short supply of items of essential needs.Lack of effective or workable competition.Unfamiliarity of product features results in sale of substandard, inferior or even defective goods .Due to low literacy levels and unsatisfactory information flows, Indian consumers are not conscious of their rights.Consumerism in India is not organized and developed.Laws to safeguard interests of consumers are not effectively implemented.
Consumer Disputes Redressal, Agencies Under the Consumer Protection Act, 1986 (CDRA)
1) A Consumer Dispute Redressal Forum at the District level.
2) A Consumer Dispute Redressal Commission at the State level.
3) A National Consumer Dispute Redressal Commission at national level.
Consumer Disputes Redressal, Agencies Under the Consumer Protection Act, 1986 (CDRA)
1. A Consumer Disputes Redressal Forum to be known as the "District Forum". This is to be established by the state government in each district of the state by means of a notification.
2. A Consumer Disputes Redressal Commission to be known as the "State Commission". This has also to be established by the state government in the state by means of a notification.
3. A National Consumer Disputes Redressal Commission to be established by the Central government by means of a notification.
The Act thus envisages a hierarchy of three redressal forums:
1) District Forum
2) State Forum
3) National Forum
District Forum A District Forum deals with cases where the value of claim is up to
Rs. 20 lakhs.
A consumer dispute redressal forum to be known as district forum ,established by the state government.
Members:~
District judge - President
Two other members – one of whom shall be woman
Appeal – 30 days
State Commission
Cases having a claim exceeding rupees 20 lacks but
up to the limit of Rs. 1 core can go to the State
Commission.
Members :~
Judge of high court – president
Two other members
National Commission
National Commission is the highest level of
consumer forums. It may entertain all matters where
the value of claim exceeds Rs. 1 core. The territorial
jurisdiction of the National Commission is whole of
India except the state of Jammu & Kashmir.
Central council
It is established by the central government which consists of the following member.
The minister of consumer affairs chairman and
Such number of other official or non official members representing such interests as may be prescribed.
State consumer protection council
It is established by the State Government which consists of the following members:
The Minister in charge of consumer affairs in the State Government – Chairman.
Such number of other official or non-official members representing such interests as may be prescribed by the State Government.
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such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government.
The State Council is required to meet as and when necessary but not less than two meetings every year.
Penalties
Where a trader or a person against whom a complaint is made (or the complainant) fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, such trader or person (or complainant) shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.
Benefits & Reliefs BenefitDisposal within 90 days
No adjournment shall ordinarily be granted - Speedy trial
Relief Removal of defects in goods or deficiency in services.
Replacement of defective goods.
Refund against defective goods or deficient services.
Compensation.
Prohibition on sale of hazardous goods.
Consumers now feel that they are in a position to declare “sellers be aware”,
Where as previously it was“ buyers be aware.”