Consumer rights in india
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Consumer rights in india Presentation Transcript

  • 1. CHENNAI CONSUMER3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 RIGHTS IN INDIA BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 SUCHITRA BAI Altacit Global EMAIL info@altacit.com WEBSITE www.altacit.com
  • 2. INTRODUCTION CHENNAI • Consumer right is defined as the3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, right to be informed about the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE quality, quantity, potency, purity, Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. standard and price of goods or Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 services, as the case may be, so as to protect the consumer against unfair trade practices EMAIL info@altacit.com WEBSITE www.altacit.com
  • 3. TYPES OF CONSUMER RIGHTS CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, a. The right to be protected from all types of Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 hazardous goods and services. BANGALORE Suite 920, Level 9, b. The right to be fully informed about the Raheja Towers, 26-27, M G Road, Bangalore - 560 001. performance and quality of all goods and Tel: +91 - 80 - 6546 2400 COIMBATORE services. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 c. The right to free choice of goods and services. d. The right to be heard in all decision-making processes related to consumer interests. e. The right to seek redressal, whenever EMAIL consumer rights have been infringed. info@altacit.com WEBSITE f. The right to complete consumer education. www.altacit.com
  • 4. CAVEAT EMPTOR RULE CHENNAI Age-old principle of law where buyers3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 in commercial transactions are “to beware” ie. the onus lies upon them to BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 ascertain the sanctity of the product. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, This rule has, over the years, become Coimbatore - 641018. Tel: +91 - 422 – 6552921 subject to disclosure requirements imposed on sellers, as well as to any other warranties / guarantees the seller EMAIL may provide. info@altacit.com WEBSITE www.altacit.com
  • 5. WHO IS A CONSUMER? CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • For the purpose of the Consumer Protection Act, the word "Consumer" has been defined Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, separately for "goods" and "services". (A) For the purpose of "goods", a consumer Raheja Towers, 26-27, M G Road, Bangalore - 560 001. means a person belonging to the following Tel: +91 - 80 - 6546 2400 COIMBATORE categories: BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. One who buys or agrees to buy any goods for a Tel: +91 - 422 – 6552921 consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment; EMAIL info@altacit.com WEBSITE www.altacit.com
  • 6. Contd… CHENNAI3rd Floor, ‘Creative Enclave’, • (B) For the purpose of "services", a "consumer"148-150, Luz Church Road, Mylapore, Chennai - 600 004. means a person belonging to the following Tel: +91 - 44 - 2498 4821 BANGALORE categories: Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • One who hires or avails of any service or services Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 for a consideration which has been paid or COIMBATORE BB1, Park Avenue, # 48, Race Course Road, promised or partly paid and partly promised or Coimbatore - 641018. Tel: +91 - 422 – 6552921 under any system of deferred payment. • It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are EMAIL availed with the approval of such person. info@altacit.com WEBSITE www.altacit.com
  • 7. GROUNDS FOR FILING COMPLAINT CHENNAI3rd Floor, ‘Creative Enclave’, • A complaint for infringement of consumer rights could be148-150, Luz Church Road, Mylapore, made under the following circumstances in the nearest Chennai - 600 004. Tel: +91 - 44 - 2498 4821 designated consumer court: BANGALORE Suite 920, Level 9, a. The goods or services bought by a person or agreed to be Raheja Towers, 26-27, M G Road, Bangalore - 560 001. bought by a person suffer from one or more deficiencies or Tel: +91 - 80 - 6546 2400 defects in any respect. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, b. A trader or a service provider resorting to restrictive or Coimbatore - 641018. Tel: +91 - 422 – 6552921 unfair trade practices. c. A trader or a service provider charging a price in excess of the price displayed on the goods or the price that had been agreed upon between the parties or the price that had been stipulated under any law in force EMAIL d. Goods or services that pose a hazard to the safety and life info@altacit.com of a person offered for sale, knowingly or unknowingly, WEBSITE causing injury to health, safety or life. www.altacit.com
  • 8. RELIEF AVAILABLE TO CONSUMER CHENNAI3rd Floor, ‘Creative Enclave’, • Depending on the facts and circumstances, the148-150, Luz Church Road, Mylapore, Chennai - 600 004. Redressal Forums may give order for one or more Tel: +91 - 44 - 2498 4821 BANGALORE of the following relief. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Removal of defects from the goods, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • Replacement of the goods; COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • Refund of the price paid; • Award of compensation for the loss or injury Tel: +91 - 422 – 6552921 suffered; • Removal of defects or deficiencies in the services; • Discontinuance of unfair trade practices or EMAIL info@altacit.com restrictive trade practices or direction not to repeat WEBSITE www.altacit.com them;
  • 9. CONSUMER PROTECTION ACT, 1986 CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • An Act to provide for better protection Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 of the interests of consumers and for that purpose to make provision for the BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 establishment of consumer councils and COIMBATORE BB1, Park Avenue, # 48, Race Course Road, other authorities for the settlement of Coimbatore - 641018. Tel: +91 - 422 – 6552921 consumers disputes and for matters connected therewith. EMAIL info@altacit.com WEBSITE www.altacit.com
  • 10. EXTENT AND COVERAGE OF CONSUMER PROTECTION ACT CHENNAI3rd Floor, ‘Creative Enclave’, • The Act applies to all goods and services unless148-150, Luz Church Road, Mylapore, Chennai - 600 004. specifically exempted by the Central Government. Tel: +91 - 44 - 2498 4821 BANGALORE • It covers all the sectors whether private, public or Suite 920, Level 9, Raheja Towers, 26-27, M G Road, cooperative. Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • The provisions of the Act are compensatory in nature. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, • The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the Coimbatore - 641018. Tel: +91 - 422 – 6552921 time being in force. • The Act envisages establishment of Consumer Protection Councils at the Central and State levels, EMAIL whose main objects will be to promote and protect the info@altacit.com rights of the consumers. WEBSITE www.altacit.com
  • 11. STRUCTURE OF CONSUMER PROTECTION ACT CHENNAI3rd Floor, ‘Creative Enclave’, • The Act envisages a three- tier quasi-judicial148-150, Luz Church Road, Mylapore, Chennai - 600 004. machinery at the National, State and District Tel: +91 - 44 - 2498 4821 BANGALORE levels. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • National Consumer Disputes Redressal Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Commission - known as "National Commission" COIMBATORE BB1, Park Avenue, # 48, Race Course Road, deals with complaints involving costs and Coimbatore - 641018. Tel: +91 - 422 – 6552921 compensation higher than Rs. 20 lakhs. • State Consumer Disputes Redressal Commissions - known as "State Commission. • District Consumer Disputes Redressal Forums - EMAIL known as "District Forum. info@altacit.com WEBSITE www.altacit.com
  • 12. JURISDICTION CHENNAI3rd Floor, ‘Creative Enclave’, • If the cost of goods or services and compensation asked for is148-150, Luz Church Road, Mylapore, up to rupees five lakh ,then the complaint can be filed in the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 District Forum which has been notified by the State BANGALORE Suite 920, Level 9, Government for the district where the cause of action has Raheja Towers, 26-27, M G Road, arisen or where the opposite party resides. A complaint can Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 also be filed at a place where the branch office of the opposite COIMBATORE BB1, Park Avenue, party is located. # 48, Race Course Road, Coimbatore - 641018. • If the cost of goods or services and compensation asked for is Tel: +91 - 422 – 6552921 more than rupees five lakh , but less than rupees Twenty lakhs then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned. • If the cost of goods or services and compensation asked for EMAIL info@altacit.com exceed rupees Twenty lakh then the complaint can be filed WEBSITE before the National Commission at New Delhi. www.altacit.com
  • 13. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, THANK YOU Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com