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Consumerism in India
Presented By
Gunjan kumar
Vivek gupta
Sohaib khan
Gaurav chauhan
OUTLINEDEFINITION
REASONS
REMEDIES
CONSUMER PROTECTION ACT
• OBJECTIVES
• CONSUMER RIGHTS
• RELIEF AVAILABLE FOR CONSUMERS
What is Consumerism??..
Consumerism is an organized movement of citizens and government to strengthen the rights and power of buyers in relation to sellers.
WHY IS THIS HAPPENING??Low literacy levels and lack of awareness of rights
encourages businessmen to be indifferent to consumersBackwardness IgnoranceLack of education and information Indian consumers get carried away by clever
advertising Imbalance in demand and supply of commodities
leading to hoarding, black marketing, profiteering.
REMEDIES..• Active participation from the business, Government and consumers.
• Business must ensure efficiency in production and quality of output and must refrain from Unfair Trade Practices
•Government through legislations, statutory bodies etc prevent exploitation of consumers.
• Consumers should assert their rights and protect themselves from business malpractices
CONSUMER PROTECTION ACT,1986
This ACT is a milestone in the history of socio-economic legislation in the country.
The first ever legislation in India of its kind which solely aimed at the grief stricken consumers who were the victims of the unfair trade practices and sub standard services rendered to them.
OBJECTIVES The main objective of the act is to provide for
the better protection of consumers.
The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, and relief of a specific nature and award of compensation wherever appropriate to the consumer.
EXTENT AND COVERGAE OF THE ACT THE SALIENT FEATURES OF THE ACT ARE SUMMED UP AS UNDER :-
• THE ACT APPLIES TO ALL GOODS AND SERVICES UNLESS SPECIFICALLY EXEMPTED
BY THE CENTRAL GOVERNMENT.
• IT COVERS ALL THE SECTORS WHETHER PRIVATE, PUBLIC OR COOPERATIVE.
• THE PROVISIONS OF THE ACT ARE COMPENSATORY IN NATURE.
• THE SETTING UP OF THE DISPUTE REDRESSAL MACHINERY WAS ONLY TO SECURE
AND ENABLE SPEEDY JUSTICE TO THE AGGRIEVED CONSUMERS.
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
CONTD…
• SERVICE – SERVICE OF ANY DESCRIPTION BUT DOES NOT
INCLUDE RENDERING OF ANY SERVICE FREE OF CHARGE OR
UNDER A CONTRACT OF PERSONAL SERVICE.
COMPLAINT• COMPLAINT MEANS A FORMAL ALLEGATION AGAINST A
PARTY
• COMPLAINT IS AN WRITTEN ALLEGATION MADE IN
WRITING TO THE NATIONAL COMMISSION, THE STATE
COMMISSION, OR THE DISTRICT FORUM BY A PERSON
COMPETENT TO FILE IT WITH A VIEW TO OBTAINING
RELIEF PROVIDED UNDER THE ACT.
WHO CAN FILE A COMPLAINT
• A CONSUMER
• ANY RECOGNIZED CONSUMER ASSOCIATION
• ONE OR MORE CONSUMERS HAVING THE SAME INTEREST
• THE CENTRAL OR THE STATE GOVERNMENT AS THE CASE MAYBE
• IN CASE OF DEATH OF A CONSUMER, HIS LEGAL HEIR OR REPRESENTATIVE
CONTD…• THE FOLLOWING ARE ALSO CONSIDERED AS A
CONSUMER AND HENCE THEY MAY FILE A COMPLAINT.
• USER OF GOODS AND BENEFICIARY OF SERVICES
• HUSBAND OF THE CONSUMER
• INSURANCE COMPANY
CONSUMERS NEED PROTECTION AGAINST (GROUNDS OF COMPLAINT)
UNFAIR TRADE PRACTICE
RESTRICTIVE TRADE PRACTICE
DEFECTS
DEFICIENCIES
CONSUMER DISPUTE
• SEC 2(1) (E) – A DISPUTE WHERE THE PERSON AGAINST
WHOM A COMPLAINT HAS BEEN MADE, DENIES OR
DISPUTES THE ALLEGATION CONTAINED IN THE
COMPLAINT.
CONSUMER DISPUTE REDRESSAL AGENCIES• A QUASI-JUDICIAL AUTHORITY UNDER THE STATUTE TO REDRESS
CONSUMER DISPUTES.
• CONSUMER DISPUTES REDRESSAL FORUMS (DISTRICT FORUM)• CLAIMS LESS THAN OR EQUAL RS.20 LACS.
• CONSUMER DISPUTES REDRESSAL COMMISSIONS (STATE COMMISSION)
• CLAIM MORE THAN RS.20 LACS & LESS THAN RS.1 CRORE & APPEALS.
• NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NATIONAL
COMMISSION) • CLAIM EQUAL TO RS.1 CRORE & APPEALS
FEES PAYABLEDISTRICT FORUM
VALUE AND COMPENSATION CLAIMED FEE
• UP TO RS 1 LAKH RS 100• RS 1 LAKH & ABOVE BUT LESS THAN RS 5 LAKH RS 200• RS 5 LAKH & ABOVE BUT LESS THAN RS 10 LAKH RS 400• RS 10 LAKH & ABOVE BUT LESS THAN RS 20 LAKH RS 500
Consumer's Rights under Section 6
1. Right to SAFETY against hazardous goods and services.2. Right to be INFORMED about quality, quantity, purity, standard,
price.3. Right to CHOOSE from a variety at competitive prices.4. Right to BE HEARD.5. Right to seek REDRESSAL.6. Right to CONSUMER EDUCATION.
• Right to safety :- right to be protected against the marketing of goods and services which are hazardous to health, life and property of the consumer.
• Right to be informed :- right to be provided all those information on the basis of which consumer decides to buy goods or services about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices.
• Right to be heard :- consumer has the right that his complaint be heard. Under this right the consumer can file complaint against all those things which prejudicial to his interest. Example- the economic times
• Right to choose :- Consumer has the full right to buy good or services of his
choice from among the different goods or services available in the market.
• Right to Seek redress :- Right to seek redressal against unfair trade practices
unscrupulous exploitation of consumers. This Act provides compensation to
consumer against unfair trade practice of the seller.
• Right to consumer education :- Consumer education refers to educate the
consumer constantly with regards to their rights. In other words, consumers
must be aware of the rights they enjoy against the loss they suffer on account of
goods and services purchased by them.
RELIEF AVAILABLE TO CONSUMERS
Depending on the facts and circumstances, the Redressal Forums may
give order for one or more of the following relief :-
• Removal of defects from the goods
• Replacement of the goods
• Refund of the price paid
• Discontinuance of unfair trade practices or restrictive trade practices
• Withdrawal of the hazardous goods from being offered to sale
• Award for adequate costs to parties
Consumer’s Responsibilities
1. Consumer should exercise his right
2. Cautious consumer/ Do not buy blindly
3. Filing complaint for the redressal of genuine grievances
4. Consumer must be quality conscious/Do not compromise on quality
5. Advertisements often exaggerate/Beware of false advertisement
6. Do not forget to get Receipt and Guarantee/warrantee card
7. Do not buy in hurry
Thank You