Consumer protection
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    Consumer protection Consumer protection Presentation Transcript

    • CONSUMER PROTECTION : (STRIVING TOWARDS MAKING THE CONSUMER A KING) PRESENTED BY: SUBMITTED TO: AYUSHI GUPTA GAUTAM SIR MBA HIMCS SEM –II SECTION-A HIMCS
    • 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
    • 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
    • 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
      • ix) incomplete information
      • x) adulterated goods
      • xi) lack of competetion
      • xii) consumers are not well organised
    • 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
    • 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 .
    • 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.
      • 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.
    • 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
    • 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
    • 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
    • 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
      • 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
    • 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.
    • 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.
    • 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.
    • 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
    • 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.
    • 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.
    • 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.
    • THANK YOU