Consumer protection-act-ppt

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Transcript of Consumer protection-act-ppt

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As consumer we are concerned with money

What lead to consumer protection ???Why do we need consumer protection???

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WHY DO WE NEED CONSUMER PROTECTION ???Because consumers are exploited …As consumers we feel cheated or are

taken for granted. False or misleading advertisements, bargaining efforts, and gifts, non-compliance, etc. ultimately make us victims as of seller’s market.

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What is Consumer exploitation ?Factors leading to consumer exploitation ?

https://www.youtube.com/watch?v=7asg2nTRVKY

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Factors Leading To Consumer ExploitationDeceptive and misleading techniquesFalse warranties or guaranteesNon Availability of goodsAdulteration HoardingBlack marketing

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The situation is changing now

In many ways Consumers are getting aware of the need to get proper value of their money.All over the World there has been growing movements for protection of consumer interests.The governments are also responding positively.

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Brief history about consumer rights

• Before the 1960’s, consumer rights were practically nonexistent.

• In 1962, President Kennedy spoke to the U.S. Congress about the need for a new consumer movement, a call to action that resulted in the Consumer Bill of Rights.

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Topics to be coveredConsumer definitionConsumer protection act 1986Redressal commissionDistrict forum, State and national

commissionLodging a complaintRemedies and consumer awarenessWho can file and how to file a complaint

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INTRODUCTION TO CONSUMER RIGHTS

United nations passed a resolution of consumer protection in April 1985In 1986, the consumer protection act was enacted in IndiaIt extends to the whole of India except the State of Jammu and Kashmir.This Act is applied to all goods and services.Aimed at providing simple, quick, and cheaper protection of consumers interest

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1. Better protection of interests of consumers.1. Better protection of interests of consumers.2. Protection of the rights of the consumers:2. Protection of the rights of the consumers:(a) The right to be protected against (a) The right to be protected against marketing of goods which are hazardous to marketing of goods which are hazardous to life and property; life and property; (b) the right to be informed about the (b) the right to be informed about the quality, quantity, potency, purity, standard quality, quantity, potency, purity, standard and price of goods to protect the consumer and price of goods to protect the consumer against unfair trade practices; against unfair trade practices;

OBJECTIVES OF THE ACTOBJECTIVES OF THE ACT

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(c) (c) The right to be assured, wherever possible, The right to be assured, wherever possible, access to an authority of goods at competitive access to an authority of goods at competitive pricesprices(d) The right to be heard and to be assured (d) The right to be heard and to be assured that consumers interests will receive due that consumers interests will receive due consideration at appropriate forums; consideration at appropriate forums; (e) The right to seek redressal against unfair (e) The right to seek redressal against unfair trade practices or unscrupulous exploitation oftrade practices or unscrupulous exploitation ofconsumers; and consumers; and (f) Right to consumer education. (f) Right to consumer education.

CONT.

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3. Protection by the Consumer Protection 3. Protection by the Consumer Protection Council.Council.4. Quasi-judicial machinery for speedy 4. Quasi-judicial machinery for speedy redressal of consumer disputes.redressal of consumer disputes.

CONT.

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Scope of the Act• Applicable to the entire country except the state

of Jammu and Kashmir• Applicable to all type of goods and services,

public utilities & public sector undertakings• All types of complains related to goods ,unfair

trade practices • Remedies under this act is same as those in

other laws.• A suit pending in civil court cannot be heard in

consumer court.

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Cont.

• Consumer forums have the power to adjudicate disputes, but they do not have trappings of a court

• The consumer court powers are limited

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Salient features of the actProvisions of the act are Provisions of the act are

compensatory in nature.compensatory in nature.It empowers consumers seeking It empowers consumers seeking

discontinuance of trader’s discontinuance of trader’s malpractices, defective goods, malpractices, defective goods, services deficiencies or withdrawal of services deficiencies or withdrawal of hazardous goods from the market.hazardous goods from the market.

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Consumer is person who Buy any good

Hairs or avails of any services on payment, either in full or in installment or under hire-purchase system

Any person who uses good or is benefitted from services, without making any payment

BUT does not include a person who obtains such BUT does not include a person who obtains such goods for resale or for any commercial purposegoods for resale or for any commercial purpose

???

DefinitionsDefinitions

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What is service?

The “service”, in the Act, means

service of any description which

is made available to its potential

users and includes provision of

facilities and connection.

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Who is a trader?

Any person who sells or distributes any good for sale or a manufacturer of such goods or in case of good sold in package form, the packer is trader.

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Who is a manufacturer?‘Manufacturer’ means a person who makes or manufactures goods or parts thereof. Even if he only assembles parts thereof made or manufactured by others and claims the end product to be goods manufactured by himself, he is a manufacturer.However, a branch office shall not be a manufacturer even though it assembled part of goods dispatched to it by the manufacturer’s head office.

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https://www.youtube.com/watch?v=tdSuftv6Y5s ( consumer responsibility )

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What do you mean by consumer Redressal ?

What do you mean by right to informed ?

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The Central Council is headed by Minister, In-The Central Council is headed by Minister, In-charge of the Department of Consumer Affairs charge of the Department of Consumer Affairs in the Central Government and the State in the Central Government and the State Councils by the Minister In-charge of the Councils by the Minister In-charge of the Consumer Affairs in the State GovernmentsConsumer Affairs in the State Governments

At present, there are 629 District Forums and At present, there are 629 District Forums and 35 State Commissions with the National 35 State Commissions with the National Consumer Disputes Redressal Commission Consumer Disputes Redressal Commission (NCDRC) at the apex(NCDRC) at the apex

The act envisages a three –tier quasi judicial The act envisages a three –tier quasi judicial machinery at the national state and district machinery at the national state and district level.level.

Redressal mechanismRedressal mechanism

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District forumDistrict forum The district forum is set up by the state The district forum is set up by the state

government in each district of a state.government in each district of a state. The person heading a district forum The person heading a district forum

must be qualified to be a district judge must be qualified to be a district judge with 2 other members with eminence in with 2 other members with eminence in that field of education one of whom that field of education one of whom shall be a woman.shall be a woman.

The district forum has the jurisdiction The district forum has the jurisdiction to entertain complaints concerning to entertain complaints concerning goods, services and compensation goods, services and compensation claimed below 20 lakhs.claimed below 20 lakhs.

No case exceeding 20 lakhs can be dealt No case exceeding 20 lakhs can be dealt by the district forum.by the district forum.

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State commissionState commission The state commission is set up by The state commission is set up by

the state government in each state the state government in each state and headed by a sitting or a and headed by a sitting or a retired judge of a high court, with retired judge of a high court, with again 2 members one being a again 2 members one being a woman, unlike the district forum. woman, unlike the district forum.

The state commission can handle The state commission can handle complaints whose value exceeds complaints whose value exceeds 20 lakhs but is below 1 crore, 20 lakhs but is below 1 crore, moreover cases from the district moreover cases from the district forum can be taken to the state forum can be taken to the state commission if they haven’t been commission if they haven’t been settled at first attempt.settled at first attempt.

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National commissionNational commission The national commission in its own The national commission in its own

right is set up by the central right is set up by the central government and headed by a government and headed by a sitting or a retired judge of a sitting or a retired judge of a supreme court along with 4 other supreme court along with 4 other members one being a woman. members one being a woman.

This court is eligible to handle This court is eligible to handle complaints of value in excess of 1 complaints of value in excess of 1 crore and also hears appeals in crore and also hears appeals in orders against the state orders against the state commissioncommission..

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• The consumer to whom the goods are sold or delivered, or agreed to be sold or delivered , or the service has been provided, or agreed to be provided’

• Any recognized consumer association, regardless of whether the consumer is a member of such an association or not.

• The state or central govt. either its individual capacity or as a representative of the interest of the consumer in general

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• [Section 2(1)(c)] states that• A complaint must contain any of the following allegations:

• (a) An unfair trade practice or a restrictive trade practice has been adopted by any trader;

• (b) The goods bought by him or agreed to be bought by him suffer from one or more defects;

• (c) The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.

WHAT A COMPLAINT MUST CONTAIN?

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• [Section 2(1)(c)] states that Complaint is a statement made in writing to the National Commission, the State Commission or the District Forum by a person competent to file it, containing the allegations in detail, and with a view to obtain relief provided under the Act.

WHAT CONSTITUTES A COMPLAINT?

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An aggrieved consumer seeks redressal under the Act through the instrumentality of complaint. It does not mean that the consumer can complain against his each and every problem. The Act has provided certain grounds on which complaint can be made.

A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods.

WHAT CAN BE COMPLAINED?

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Goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being, requiring traders to display information in regard to the contents, manner and effect of use of such goods.

CONT.….

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A complaint may be made w.r.t. to goods or services.

Categorization is done (goods or services). Whether laboratory-test is required or not. Whether laboratory test is not required or

complaint relates to services.

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When a lab-test is required – Copies of complaint including supporting

documents and compensation demanded must be submitted.

After such complaint receipt, District Forum refers to opposite party to put in front their point.

Time limit of 30 days (can be extended to 45 days) is given to put their perspective.

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On plain paper, contents of a complaint:-• The name, description and the address of

the complainant and of the opposite party/parties

• The facts relating to complaint and when and where it arose

• Documents in support of the allegations contained in the complaint

• The relief, which the complainant claims• The complaint should be signed by the

complainants or his authorized agent

HOW TO FILE A COMPLAINT?

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A complaint can be filed in person, through agent/lawyer, or by registered post.

Nominal court fees

Serial No.

Value of goods or services and the compensation claimed

Amount of fee

payable

1Upto Rs. 1 Lakh Rs. 100

2Greater than or equal to Rs. 1 Lakh,But less than Rs. 5 Lakhs

Rs. 200

3Greater than or equal to Rs. 5 Lakhs,But less than Rs. 10 Lakhs

Rs. 400

4 Greater than or equal to Rs. 10 Lakhs,But less than Rs. 20 Lakhs

Rs. 50037

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A complaint can be filed in person, through agent/lawyer, or by registered post.

Nominal court fees

Serial No.

Value of goods or services and the compensation claimed

Amount of fee

payable5 Above twenty lakh and up to fifty

lakhs rupeesRs.200

06 Above fifty lakhs and up to one

crore RupeesNational commistion

Rs. 4000

7Above one crore rupees Rs.

500038

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LIMITATION PERIOD FOR COMPLAINTS/APPEALS

• The consumer case has to be filed within 2 years of the date of cause of action

• Delay in filing appeal may be condoned if there is sufficient cause

• If an appeal is made after the specific period, then the forum shall record in writing reasons for the delay

• Revision petition - 90 days39

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IMPORTANTRELIEF AVAILABLE UNDER THE

ACT

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https://www.youtube.com/watch?v=SaRKSdeHsjw (5 Consumer Rights you should know)

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Remedies Under Consumer Protection Act

• To replace the goods• Loss of injury of consumer• To remove the defects in the product• To return to the complainant the price paid by the

complainant• To remove the defects or deficiencies in the services

in question

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Cont..

• To discontinue the unfair trade practices • or restrictive trade practices• Not to offer the hazardous goods for sale• To cease from manufacturing to hazardous goods• Issue of corrective advertisement

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APPLICABILITY OF CONSUMERPROTECTION ACT TO BANKING SECTOR

Customer of a bank who has a bank account with the bank or a person who purchases a bank draft, hires locker facility or obtains bank guarantee from a bank are all “consumers” and can prefer complaints under the Act for “deficiency in service” on the part of the bank or for “restrictive trade practice” or “unfair trade practice”

(SC 2000)44

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Jago Grahak jago campaignThe government has been implementing

this innovative and intensive multimedia campaign to create consumer awareness in the country

Realising the need for empowering consumers, the government has approved a scheme of Rs 409 crore during the 11th five-year Plan on the awareness campaign

It aimed at helping the emergence of consumers who irrespective of age, socio-economic class or gender

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Quality marks• AGMARK

• FPO

• ISI

• BIS

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The government celebrates December 24 - "National Consumer Rights Day “

Online- website and social networking sitesUniversity- e.g. delhi university

TV and FM radioPoster and banners at public places

Newspaer and magazines

CONSUMER AWARENESS

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Purchase products only after their complete scrutinyCheck on weighing and measuring instrumentsAvoid buying fruits and vegetables from unhygienic placeCheck print of MRP and quantity on the productCheck the expiry date of the product, particularly that of the eatables and medicines

Always collect bill at the time of purchase

SUGGESTIONS OR OPINIONS

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Some Disputes About Consumers Rights

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https://www.youtube.com/watch?v=A64j5o-6ix4Jago grahak jago ad 5 please edit the video till the Jago grahak jago time o.55

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52Eshan Balachandar

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