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Consumer protection act presentation
 

Consumer protection act presentation

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By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes buyer ...

By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes buyer beware a thing of the past.

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    Consumer protection act presentation Consumer protection act presentation Presentation Transcript

    • By : - Anshu Sindhu Ashish Sampat Clive Andrades Diksha Singh Meher Shaik Naveen Srivastava Raghavendra Kumar Verma
    • Topics to be covered  Consumer definition  Consumer protection act 1986  Redressal commission  District forum, State and national commission  Lodging a complaint  Remedies and consumer awareness  Who can file and how to file a complaint 2
    • Who is a consumer?  Any person who buys any commodity or service or is a user of such commodity or service is known as consumer.  Any person must satisfy two conditions to claim himself as a consumer :- 1) The service must have been rendered to him 2)He must have paid or promised to pay for the same.  If any person buy capital goods to provide services to other individuals, then he is also recognised as consumer. 3
    • Who is not a consumer?  If any person buys a commodity with an intention to resale  A person who obtains services without consideration  A person who obtains services for commercial purpose  Applications for jobs  Persons who filed suits in courts 4
    • Factors Leading To Consumer Exploitation  Deceptive and misleading techniques  False warranties or guarantees  Non Availability of goods  Adulteration  Hoarding  Black marketing 6
    • Consumer Protection Act,1986  The Consumer Protection Act, 1986 is a benevolent social legislation.  The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances.  Act applies to whole of India except Jammu and Kashmir. 7
    • Consumer Protection Act,1986  By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes buyer beware a thing of the past.  The act was amended in 2002 and the amendments came into force w.e.f. 15th March 2003. 8
    • Salient features of the act  The act applies to all goods and services unless specially exempted by union government.  It covers all sectors public, private or cooperative.  It provides consumer rights- to choose, to be heard, to be informed, to safety, education, and redressal 9
    •  Provisions of the act are compensatory in nature.  It empowers consumers seeking discontinuance of trader’s malpractices, defective goods, services deficiencies or withdrawal of hazardous goods from the market. Salient features of the act 10
    • Objectives of the act  Provides for promotion and protection of the rights of the consumers  Provide remedies for deceived consumers  Better protection against exploitation  Make provisions for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for the matters connected with it. 11
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    • Responsibilities of consumer Advertisements often exaggerate Filing complaint for redressal Quality conscious Insist on cash memo Cautious consumer Must exercise his rights 14
    • Quality marks  AGMARK  FPO  ISI  BIS 15
    • Ways and means of consumer protection  Redressal forums and consumer protection councils  Environmentally friendly products  National youth award on consumer protection  Consumer welfare fund  Publicity measures  Lok Adalats 16
    • Redressal mechanism  The Central Council is headed by Minister, In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments  At present, there are 629 District Forums and 35 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex 17
    •  The act envisages a three –tier quasi judicial machinery at the national state and district level.  District Consumer Disputes Redressal Forums – District Forum(< Rs. 20 Lacks)  State Consumer Disputes Redressal commission – State commission (>= Rs. 20 Lacks < Rs. 1 crore )  National Consumer Disputes Redressal commission – National commission (exceeding 1 crore ) 18
    • District forum  It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs. 20 Lakhs (section 11)  It shall consist of a person who is or has been or is qualified to be a district judge as its president, 2 other members one of whom shall be a women possessing a bachelors degree from a recognized university 19
    • District forum  Be a person of ability, integrity and standing and have adequate knowledge and experience.  Every member of the district forum shall hold office for a term of 5 years or upto the age of 65 years whichever is earlier. 20
    • Power of civil court to district forum  The district forum shall have the powers of civil court while trying a suit in respect of the following matters  The summoning and enforcing attendance of any defendant or witness and examining the witness on oath  The reception of evidence on affidavit 21
    •  Any other matter which may be prescribed  The requisition of the report of concerned analysis or test from the appropriate laboratory of from any other relevant resource  The discovery and production of any document or other material object producible as evidence Power of civil court to district forum 22
    • State commission  It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 20 Lakhs but less than 1 crore (section 17 )  It shall consist of a person who is or has been or is qualified to be a high court judge as its president 23
    •  2 other members one of whom shall be a women possessing a bachelors degree from a recognized university  Be a person of ability, integrity and standing and have adequate knowledge and experience.  Every member of the state forum shall hold office for a term of 5 years or upto the age of 67 years whichever is earlier State commission 24
    • National commission  The National Commission was constituted in the year 1988. It is headed by a sitting or retired Judge of the Supreme Court of India.  It is presently headed by hon’ble Mr. Justice Ashok Bhan, former Judge of the Supreme Court of India as President and has ten Members 25
    •  The National Commission has been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.  It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed exceed Rs. 1 crore (section 21 )  It shall consist of a person who is or has been or is qualified to be a supreme court appointed by central government. 26
    •  Not less than 4 number of members and atleast 1 of them shall be a women, who shall have qualifications, namely : 1)Not less than 35 years of age 2)Possessing a bachelors degree from a recognized university 3)Be a person of ability, integrity and standing and have adequate knowledge and experience. 4)Every member of the district forum shall hold office for a term of 5 years or upto the age of 70 years whichever is earlier. 27
    • Power of national commission  Adoption of uniform procedure in the hearing of the matters  Prior service of copies of documents produced by one party to the opposite parties  Speedy grant of copies of documents, and  Generally over-seeing the functioning of the State Commissions and the District Forums 28
    • 29 Procedures to be followed by the Parties to Complain  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.
    • 30  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. Procedures to be followed by the Parties to Complain
    • Lodging a complaint in national commission 31  Complaint containing particulars can be submitted in- person, or by his agent, or by registered post addressed to National Commission.  On the date of hearing, it is obligatory on the parties or their agents to appear before National Commission.  Complaint shall be decided within 3-5months from the date of notice received by opposite party.  After the proceedings, the National Forum shall issue the orders accordingly.
    • Who can file a complaint?  A consumer or Any voluntary consumer association registered under the companies act 1956 or under any other law for the time being in force or  The central government or any state government or  One or more consumers, where there are numerous consumers having the same interest or,  In case of death of a consumer, his legal heir or representative. 32
    • How to file a complaint? 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 33
    •  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 1 Upto Rs. 1 Lakh Rs. 100 2 Greater than or equal to Rs. 1 Lakh, But less than Rs. 5 Lakhs Rs. 200 3 Greater 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. 500 34
    • 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 days 35
    • 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 36
    • Remedies Under Consumer Protection Act  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 37
    • Applicability of Consumer Protection 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”  In Vimal Chandra Grover vs. Bank of India (SC 2000) 38
    • Jago Grahak jago campaign  The 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 39
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    • Consumer awareness  The government celebrates December 24 - "National Consumer Rights Day “  Online- website and social networking sites  University- e.g. delhi university  TV and FM radio  Poster and banners at public places  Newspaer and magazines 41
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    • Suggestions or Opinions  Purchase products only after their complete scrutiny  Check on weighing and measuring instruments  Avoid buying fruits and vegetables from unhygienic place  Check print of MRP and quantity on the product  Check the expiry date of the product, particularly that of the eatables and medicines  Always collect bill at the time of purchase 43
    • Reference  ncdrc.nic.in  www.indiakanoon.org  www.legalserviceindia.com  www.nationalconsumerhelpline.in 44
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    • Any Questions? 46