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Consumer protection

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  • 1. CONSUMER PROTECTION : (STRIVING TOWARDS MAKING THE CONSUMER A KING) PRESENTED BY: SUBMITTED TO: AYUSHI GUPTA GAUTAM SIR MBA HIMCS SEM –II SECTION-A HIMCS
  • 2. CONSUMER :MEANING
    • Acc. To section 2(d) of consumer protection act,1986, ‘consumer’ means any person who:
    • i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised
    • ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised .
    • Thus ,if any person : either
    • i) buys any goods for a consideration
    • ii) hires or avails of any services ,he is a consumer
  • 3. CONSUMER PROTECTION : CONCEPT
    • Some of the important factors of consumer protection are:
    • i) international endeavours
    • ii) consumer’s cooperatives
    • iii) public sector consumer movements
    • iv) consumer advocates
    • v) legal measures
  • 4. CONSUMER PROTECTION: NEED ASSESSMENT
    • Some of the factors are:
    • i) high prices of goods and services
    • ii) monopoly by public sector
    • iii) short supply of goods and services
    • iv) uncreative discounts
    • v) incorrect weight or quantity
    • vi) legal limitations
    • vii) lack of awareness
    • viii) advertisements leading to confusion
  • 5.
    • ix) incomplete information
    • x) adulterated goods
    • xi) lack of competetion
    • xii) consumers are not well organised
  • 6. CONSUMER PROTECTION: GOVERNMENT LEGISLATION
    • These include:
    • i) agriculture produce Act,1937
    • ii) The Essential Commodities Act,1955
    • iii) The Weights And Measures Act ,1958
    • iv) The Drugs and Cosmetics Act ,1940
    • v) Packaged Commodities Order,1975
    • vi) Monopolies and Restrictive Trade Practices Act,1969
    • vii) Consumer Protection Act,1986
  • 7. CONSUMER PROTECTION ACT,1986
    • This act was enacted by Indian parliament in December 1986. this was implemented on 15 th april,1987. further in 1993 and 2002 many provisions were amended by act.
    • This act is implemented all over India except in Jammu and Kashmir .
  • 8. RIGHTS OF CONSUMERS
    • Section 6 of the act enshrines the following rights of consumers:
    • The right to be protected against the marketing of goods and services which are hazardous to life & property.
    • The right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services
    • The right to be assured ,wherever possible ,access to a variety of goods and services at competitive prices.
  • 9.
    • The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums.
    • The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.
    • The right to consumer education.
  • 10. WHO CAN FILE A COMPLAINT
    • 1) A Consumer
    • 2) Any voluntary consumer organisation registered under the societies registration act,1860
    • 3) The Central Government
    • 4) The State Government or Union Territory Administration
  • 11. WHAT CONSTITUTES A COMPLAINT
    • If consumers have suffered loss as result of any unfair trade practices adopted by the trader.
    • If the goods purchased suffer from any defect
    • If the services hired of suffer from deficiencies in any respect
    • If consumers have been charged a price in excess of the price displayed or fixed
  • 12. CONSUMER PROTECTION COUNCILS
    • Act provides for establishment of a central consumer protection council by the central government and state and district consumer protection councils by the state government
  • 13. CENTRAL CONSUMER PROTECTION COUNCIL
    • As per section 3 of this council it is composed of 150 members:
    • i) the chairman shall be the minister in charge of department
    • ii) vice chairman shall be the minister of state
    • iii) the minister of food and civil supplies
    • iv) 8 members of parliament -5 from the lok sabha and three from the rajya sabha
    • v) the commissioner of scheduled castes and tribes
  • 14.
    • vi) representatives of the central government departments
    • vii) representatives of the consumer organisations
    • viii) representatives of women-not less than 10
    • ix) representatives of farmers
    • x) secretary in the department of civil supplies shall be the member-secretary to the central council
  • 15. THE STATE CONSUMER PROTECTION COUNCIL
    • As per section 7(2) of the act council shall consist of:
    • a) the minister incharge of consumer affairs
    • b) such number of other official or non-official members representing such interests as may be prescibed the state government.
    • c) such number of other official or non-official members ,not exceeding 10.
  • 16. THE DISTRICT CONSUMER PROTECTION COUNCIL
    • As per section 8-A (2) of the act the district consumer council shall consist of following members:
    • a) the collector of the district who shall be the chairman
    • b) such number of other official or non-official members representing such interests as may be prescibed by the state government.
  • 17. CONSUMER DISPUTES REDRESSAL AGENCIES
    • Section 9 of the consumer protection act provides for the establishment of a three tier consumer disputes redressal system at the district, state, and national level.
  • 18. CONSUMER PROTECTION: AMOUNT OF FEE S.NO. TOTAL VALUE OF GOODS OR SERVICES AND THE COMPENSATION CLAIMED AMOUNT OF FEE 1. 2. 3. 4. 5.
    • DISTRICT FORUM
    • -Upto one lakh rupees-for complaints who are under below poverty line.
    • Upto one lakh rupees-other than antodaya anna yojana card holders.
    • Above one lakh and upto five lakh rupees
    • Above five lakh and upto ten lakh rupees
    • Above ten lakh and upto twenty lakh rupees
    NIL 100 200 400 500 STATE COMMISSION 6. 7. - Above twenty lakh and upto fifty lakh rupees - Above fifty lakh and upto one crore rupees 2000 4000 NATIONALCOMMISION 8. - Above one core rupees 5000
  • 19. HOW TO FILE A COMPLAINT
    • The name , description and address of the complainants and the opposite party.
    • The facts relating to complaint and when and where it arose
    • Documents in support of allegations in the complaint
    • The relief which the complainant is seeking
    • The complaint should be signed by the complainant or his authorised agent.
  • 20. REMEDIAL ACTIONS
    • To remove the defect pointed out
    • To replace the goods with new goods of similar description.
    • To return to the complainant the price
    • Not to offer the hazardous goods for sale
    • To discontinue the unfair trade practice
    • To withdraw the hazardous goods from being offered for sale
    • To provide for adequate costs to parties
    • To remove the defects or deficiencies in the services in question.
  • 21. SUGGESTIONS LEADING TO BETTER CONSUMER PROTECTION
    • There should be more and more awareness on the part of consumers.
    • More and more NGO’s ,civil society organisations should come forward
    • The consumer should lodge a specific complaint with supporting information
    • The consumer should try to understand the view-point of the seller before making a complaint.
  • 22. THANK YOU

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