Scribd Logo
Upload

Welcome to Scribd!

  • 23 views

    Consumer Protection

    Uploaded by

    Bhoopendra Kumar Nagar
    The document provides an overview of consumer protection in India. It defines a consumer, outlines consumers' rights and responsibilities, and describes the key aspects and provisions of the Consumer Protection Act 1986. The act established a 3-tier quasi-judicial system for consumers to file complaints - at the district, state, and national level - to seek relief for defective products, deficient services, or unfair trade practices. The document explains how consumers can access this system to get grievances addressed.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Consumer Protection

    Uploaded by

    Bhoopendra Kumar Nagar
    23 views22 pages
    The document provides an overview of consumer protection in India. It defines a consumer, outlines consumers' rights and responsibilities, and describes the key aspects and provisions of the Consumer Protection Act 1986. The act established a 3-tier quasi-judicial system for consumers to file complaints - at the district, state, and national level - to seek relief for defective products, deficient services, or unfair trade practices. The document explains how consumers can access this system to get grievances addressed.

    Original Title

    CONSUMER PROTECTION.pptx

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document provides an overview of consumer protection in India. It defines a consumer, outlines consumers' rights and responsibilities, and describes the key aspects and provisions of the Consumer Protection Act 1986. The act established a 3-tier quasi-judicial system for consumers to file complaints - at the district, state, and national level - to seek relief for defective products, deficient services, or unfair trade practices. The document explains how consumers can access this system to get grievances addressed.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    23 views22 pages

    Consumer Protection

    Uploaded by

    Bhoopendra Kumar Nagar
    The document provides an overview of consumer protection in India. It defines a consumer, outlines consumers' rights and responsibilities, and describes the key aspects and provisions of the Consumer Protection Act 1986. The act established a 3-tier quasi-judicial system for consumers to file complaints - at the district, state, and national level - to seek relief for defective products, deficient services, or unfair trade practices. The document explains how consumers can access this system to get grievances addressed.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 22

    Presented By : Imaz Ahmad

    Nipun Gupta
    Bhoopendra K. Nagar
    Anjum Ara
    OBJECTIVES

     Meaning of Consumer
     Concept of Consumer Protection
     Need for Consumer Protection
     Rights and Responsibilities of Consumers
     Main provisions of Consumer Protection Act
     Machinery or Mechanism for settlement of consumer
    grievances
    WHO IS A “ CONSUMER” ?

    A consumer is a person who consumes or uses any goods or services.
    Goods may be consumables like wheat flour, salt, sugar, fruit etc. or
    durable items like television, refrigerator, toaster, mixer, bicycle etc.
    Services refer to items like electricity, transportation, film show etc.
    Normally, it is the consumption or use of goods and services that makes
    the person to be called as ‘consumer’.

    CONSUMER in the eyes of law

    Both the person who buys any goods or hires any service for
    consideration (price) and the one who uses such goods and services
    with the approval of the buyer are termed as CONSUMERS.
    CONSUMER
    Acc. To Consumer Protection Act 1986

    A. For the purpose of goods, a CONSUMER means
    (i) one who buys any goods for consideration; and
    (ii) any user of such goods other than the person who actually
    buys it, provided such use is made with the approval of the
    buyer.
    B. For the purpose of services, a consumer means
    (i) one who hires any service or services for consideration; and
    (ii) any beneficiary of such service(s) provided the service is
    availed with the approval of such person.
    CONCEPT OF CONSUMER
    PROTECTION

    Consumer protection means safeguarding the interest
    and rights of consumers.

    In other words, - it refers to the measures adopted for


    the protection of consumers from unblushing and
    unethical malpractices by the business and to provide
    them speedy redressal of their grievances.
    The most common Business
    Malpractices leading to Consumer
    Exploitation

    (a) Sale of adulterated goods.
    (b) Sale of spurious goods.
    (c) Sale of sub-standard goods.
    (d) Sale of duplicate goods.
    (e) Use of false weights and measures leading to underweight.
    (f) Hoarding and black-marketing leading to scarcity and rise in price.
    (g) Charging more than the MRP fixed for the product.
    (h) Supply of defective goods.
    (i) Misleading advertisements.
    (j) Supply of inferior services.
    Need for CONSUMER
    PROTECTION

    The necessity of adopting measures to protect the interest
    of consumers arises mainly due to the helpless position of
    the consumers.
    There is no denying fact that the consumers have the basic
    right to be protected from the loss or injury caused on
    account of defective goods and deficiency of services.
    But they hardly use their rights due to lack of awareness,
    ignorance or lethargic attitude.
    Main Arguments in Favour
    of Consumer Protection

    § Social Responsibility
    § Increasing Awareness
    § Consumer Satisfaction
    § Principle of Social Justice
    § Principle of Trusteeship
    § Survival and Growth of Business
    RIGHTS OF
    CONSUMERS

    John F. Kennedy, the former USA President, in his message to
    consumer had given six
    rights to consumers.

    These rights are -


    (i) Right To Safety
    (ii) Right To Be Informed
    (iii) Right To Choose
    (iv) Right To Be Heard
    (v) Right To Seek Redressal
    (vi) Right To Consumer Education
    RESPONSIBILITIES OF
    CONSUMERS

    § Be quality conscious
    § Beware of misleading advertisements
    § Responsibility to inspect a variety of goods before making
    selection
    § Collect proof of transaction
    § Consumers must be aware of their rights
    § Complaint for genuine grievances
    § Proper use of product/services
    WAYS AND MEANS OF
    CONSUMER PROTECTION

    a. Lok Adalat
    b. Public Interest Litigation
    c. Redressal Forums and Consumer Protection
    Councils
    d. Awareness Programmes
    e. Consumer Organisations
    f. Consumer Welfare Fund
    g. Legislative Measures
    Consumer Organizations

    Some of the important Consumer Organizations that have been playing an
    active role in taking up consumer cause are:

    § CERC (Consumer Education and Research Centre), Ahmedabad

    § VOICE (Voluntary Organization in the Interest of Consumer Education), New Delhi

    § CGSI (Consumer Guidance Society of India), Mumbai

    § CAG (Consumer Action Group), Chennai

    § CUTS (Consumer Unity and Trust Society), Jaipur

    § Common Cause, New Delhi

    § Consumer Education Centre, Hyderabad

    § Karnataka Consumer Service Society, Bangalore

    § Kerela State Consumers Coordination Committee, Cochin


    CONSUMER PROTECTION ACT
    1986

    The Consumer Protection Act was passed in 1986 and it came
    into force from 1 July 1987.
    The main objectives of the Act are to provide better and all-
    round protection to consumers and effective safeguards
    against different types of exploitation such as defective
    goods, deficient services and unfair trade practices.
    It also makes provisions for a simple, speedy and inexpensive
    machinery for redressal of consumers’ grievances.
    Salient Features of
    Consumer Protection Act 1986

    The salient features of Consumer Protection Act (CPA) 1986 are as
    follows:
    a) It applies to all goods, services and unfair trade practices unless
    specifically exempted by the Central Government.
    b) It covers all sectors whether private, public or co-operative.
    c) It provides for establishment of consumer protection councils at the
    central, state and district levels to promote and protect the rights of
    consumers and a three tier quasi-judicial machinery to deal with
    consumer grievances and disputes.
    d) It provides a statutory recognition to the six rights of consumers.
    GOODS AND SERVICES
    COVERED UNDER CPA 1986

    The term ‘goods’ under this Act has the same meaning as
    under the sale of goods Act.

    Accordingly, it covers all types of movable property other


    than money and includes stocks and shares, growing crops,
    etc. The term ‘service’ means service of any description made
    available to potential users and includes banking, financing,
    housing construction, insurance, entertainment, transport,
    supply of electrical and other energy, boarding and lodging,
    amusement, etc. The services of doctors, engineers, architects,
    lawyers etc. are included under the provisions of Consumer
    Protection Act.
    FILING OF
    COMPLAINTS

    For redressal of consumer grievances a complaint must be
    filed with the appropriate forum.
    Let us know
     who can file a complaint

     what complaints can be filed

     where to file the complaint

     how to file the complaints etc.


    Who can file a complaint?

    The following persons can file a complaint under Consumer Protection Act
    1986:

    I. A consumer

    II. Any recognized voluntary consumer association whether the


    consumer is a member of that association or not;

    III. The Central or any State Government; and

    IV. One or more consumers where these are numerous consumers having
    same interest.

    V. Legal heir or representative in case of death of a consumer.


    What complaints can be filed?

    A consumer can file a complaint relating to any one or more of the following:

    a) An unfair trade practice or a restrictive trade practice adopted by any trader


    or service provider;
    b) Goods bought by him or agreed to be bought by him suffer from one or
    more defect;
    c) Services hired or availed of, or agreed to be hired or availed of, suffer from
    deficiency in any respect;
    d) Price charged in excess of the price.
    e) Goods or services which are hazardous or likely to be hazardous to life and
    safety when used.
    Where to file a
    complaint?

    I. If the value of goods and services and the compensation claimed
    does not exceed Rs. 20 lakh, the complaint can be filed in the
    District Forum;

    II. If it exceeds Rs. 20 lakh but does not exceed Rs. One crore, the
    complaint can be filed before the State Commission;

    III. And if it exceeds Rs. One crore, the complaint can be filed before
    the National Commission.
    How to file a complaint?

    A complaint can be made in person or by any authorized agent
    or by post. The complaint can be written on a plain paper duly
    supported by documentary evidence in support of the allegation
    contained in the complaint. The complaint should clearly
    specify the relief sought. It should also contain the nature,
    description and address of the complainant as well as the
    opposite party, and so also the facts relating to the complaint
    and when and where it arose.
    What are the reliefs
    available to consumers?

     Removal of defects from the goods or deficiencies in
    services in question.
     Replacement of the defective goods.
     Refund of the price paid.
     Award of compensation for loss or injury suffered.
     Discontinuance of unfair trade practices or restrictive
    trade practice or not to repeat them.
     Withdrawal of hazardous or dangerous goods from
    being offered for sale.
     Provision of adequate costs to aggrieved parties.
    MACHINERY FOR
    SETTLEMENT OF GRIEVANCES

    The judicial machinery set up under the Consumer
    Protection Act, 1986 consists of consumer courts
    (forums) at the district, state and national levels.

    1. District Forum

    2. State Commission

    3. National Commission

    You might also like