Presented by- Chetan Dushyant Gaurishanker Hemant Jai naresh
THE LAW RELATING TO CONSUMER PROTECTION IS CONTAINED IN THE CONSUMER PROTECTION ACT, 1986. THE ACT APPLIES TO ALL GOODS & SERVICES
THE CONSUMER PROTECTION ACT, 1986 (ACT) Amendments Amendments in the year 1993 Amendments in the year 2002
WHO IS A CONSUMER??? Any person who buys or hires any goods or service is a consumer except if he uses such goods or service for commercial purpose. or if the goods/service provided is free of cost, the person shall not be considered a consumer.
WHO IS A CONSUMER? Two kinds of consumer under the Act Consumer of goods buys or agrees to buy goods any user of such goods Consumer of services hires or avails any services any beneficiary of such service
CONSUMERS' RIGHTS IN INDIA On 24 December 1986 Govt. of India enacted the Consumer Protection Act 1986 to: Ensure Rights of Consumers Provide Remedies for deceived Consumers
8 Consumer Protection Act 1986 is unique in the world Exclusive courts for consumer disputes in all districts, state and national capitals. 6 consumer rights specified. Consumer Protection Councils from national to state and district levels. Covers private, public, cooperative sectors.
CONSUMERS NEED PROTECTION AGAINST Unfair trade practice Restrictive trade practice Defects Deficiencies
CONSUMERS NEED PROTECTION AGAINST UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use or supply of goods or services e.g.
Misleading public about price (e.g. bargain price when it is not so).
Charging above MRP printed.
Misleading public about another’s goods or services.
Falsely claiming a sponsorship, approval or affiliation.
Offering misleading warranty or guarantee.
CONSUMERS NEED PROTECTION AGAINST RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers.
Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition.
Supplying only to particular distributors or on condition of sale only within a territory.
Delaying in supplying goods/services leading to rise in price.
Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services.
CONSUMERS NEED PROTECTION AGAINST DEFECTS Any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. DEFICIENCY Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
Consumer's Rights under the Consumer Protection Act 1986 Right to SAFETY against hazardous goods and services. Right to be INFORMED about quality, quantity, purity, standard, price. Right to CHOOSE from a variety at competitive prices. Right to BE HEARD. Right to seek REDRESSAL. Right to CONSUMER EDUCATION.
BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED ABOUT THE QUALITY OR QUANTITY.
MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY PURCHASE OF Rs.200 AND ABOVE.
IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF MANUFACTURE, NET QUANTITY or WEIGHT & M.R.P is MUST.
If IMPORTED, it must carry the NAME & ADDRESS OF IMPORTER WITH VALID REGISTRATION
DON’T PAY MORE THAN THE M.R.P.
ALWAYS LOOK FOR THE DATE OF MANUFACTURE AND DATE OF EXPIRY / BEST BEFORE IN CASE OF EDIBLE AND MEDICINES.
15 Bodies to Facilitate Awareness Central Consumer Protection Council. State Consumer Protection Council. District Consumer Protection Council (only W.B. has constituted Kolkata CPC for a metropolis). District Consumer Information Centre (so far 2 in Kolkata, 1 each in Hooghly, Nadia, PaschimMedinipur, South 24 Parganas & Bankura). JagritiShivirYojana for Antyodaya & Annapurna Yojanas (BPL category 12 districts). Markets till GP level on GIS (unique to W.B.). Consumer Complaint Cells of Business Chambers & Traders’ Associations.
16 Procedure for Filing a Complaint Under Consumer Protection Act File in triplicate on plain paper to the District Consumer Disputes Redressal Forum where the seller has his business or residence or where the cause of action arises. File complaint within 2 years from the date of the cause of action.
17 Essential Information in the Application Name and full address of complainant Name and full address of opposite party Description of goods and services Quality and quantity Price Date & proof of purchase Nature of deception Type of redressal prayed for
18 Benefits No lawyer or agent is necessary for filing complaint or to make submission. If due to lawyer’s conduct consumer suffers, it is a deficiency in service open to redress. Nominal fees payable as per table below. No charges for despatching notices to opposite parties etc.
19 Fees payable District Forum Value and compensation claimed - Fee Upto Rs 1 Lakh Rs 100 Rs 1 lakh & above but < Rs 5 lakh Rs 200 Rs 5 lakh & above but < Rs 10 lakh Rs 400 Rs 10 lakh & above but < Rs 20 lakh Rs 500
20 Benefits Every complaint shall be heard and disposed of within 90 days (150 days in case of lab test) from the date of receipt of notice by the opposite party. No adjournment shall ordinarily be granted. If granted, reasons to be recorded.
21 Redressal a Consumer May Seek Removal of defects in goods or deficiency in services. Replacement of defective goods. Refund against defective goods or deficient services. Compensation. Prohibition on sale of hazardous goods.
22 For your money’s worth during any purchase: Insist on a cash memo if the price is >/= Rs.200. Insist on HALLMARK for your money’s worth in purity of gold ornaments. Check for mandatory declarations on packing (weight/quantity/best before). Don’t pay more than the MRP.
STANDARD MARKS AND LABELS Standardization mark is a mark or symbol given to a product, which meets certain standards with respect to the quality in terms of material used, methods of manufacturing, labeling, packaging and performance.
24 Buyer Be AWARE: look for~ ISI markon baby food, mineral water, electrical and cooking gas appliances, pressure cookers, cement, steel, etc.
25 ISI MARK This guarantees quality of every batch in production process (use of components, testing standard of product, in-process checks, qualified technical personnel). ISI licence is granted by the BIS for 1 year only and performance of manufacturer is monitored before renewal.
26 HALLMARK for GOLD ornaments: licence granted to manufacturer on meeting IS-1417 for purity
27 What is HALLMARK Jewellery is hallmarked from a BIS recognised Assaying & Hallmarking Centre (A&HC). 5 compulsory symbols make Hallmark: BIS logo. Fineness in millesimal number. Assaying & Hallmarking Centre’s mark. Year of marking (‘A’ = 2000). Logo of BIS certified jeweller/manufacturer.
28 HALLMARK indicates the jewellery conforms to the marked fineness of gold content. DON’T trust Karat meter which tests only surface fineness 958 = 23 carat 916 = 22 carat 875 = 21 carat 750 = 18 carat 585 = 14 carat 375 = 9 carat
29 Consumer check~ AG markon the pouch/ container for purchase of pulses, rice, wheat, flour, edible oil, ghee, butter, honey, spices etc.
30 BUY ONLY FPO mark on the container or packages of processed food or agricultural produces (jam, jelly, sauce, fruit juice, pickles etc.)
31 ECOMARK 1991 Every consumer product we buy has an impact on the environment. It is important to knowwhich ones have less impactto improve the quality of the environment and to encourage sustainable management of resources.
32 Protecting the Consumer~ Standards of Weights & Measures Act & Rules The weighing balance The measuring rod & The calibrated container are the tools for consumer protection
33 In a Shop CHECK~ Verification Certificate of ILM must be displayed prominently in all shops using weights/measures. A weighing balance not of metal and without pointer is illegal. It does not display the correct weight. Every weight has to be stamped on the reverse with the last two digits of the year (e.g. 03 for 2003) & the unit no. of the Inspector. Refuse non-standard weights like stones, iron pieces etc. and if the lead filling is missing on reverse.
34 Balances and Weights Any balance and scale made of wood and using string to suspend the pans is illegal. For sale of waste paper check that the buyer’sweights are stamped up to date and he uses a metal beam scale with pointer linked by unrusted chains to metal pans. On electronic weighing instruments the verification seal is on a plate fixed to it. Weight of tray not to be included with veg/fruit bought.
35 Cloth, Alcohol, Sweets When buying cloth check the measuring rod is of steelof one metre or more with the ILM 's seal at either end. Packed readymade garments must have sizes only in cms. “XXL, XL, L, M, S” etc. are illegal and do not indicate exact measurement. For dispensing alcohol, the peg measure must be of glass or brass that is well-tinned or silver-plated. Standard pegs are of 60 ml. (1 peg) and 30 ml. (1/2 peg) bearing 2003 verification seal. Sweets, including those in syrup (rossogulla, gulabjamun), must be sold by weight.
36 Jewellery & Rations Jewellery and Ration Shops shall have weighing scales clearly visible and close to the consumers. Jewellery shops must use onlyclass-I or class-II balances protected from breeze, any disturbance and verified up to date. For your own protection, insist on HALLMARK gold ornaments with BIS logo & marked fineness.
37 PACKAGED COMMODITIES RULESEvery package shall carry~ Name and Address of Manufacturer or Packer. Net quantity of the package (NOT gross or “weight when packed”). If sold by number, the number contained in the package.
38 Every Package Shall Carry~ 4. Month and year of manufacture or pre-packing. 5. In case of food items, ‘best before’or expiry date. 6. If imported, name and address of the importer with valid registration. 7. MRP inclusive of taxes. No pre-packed commodity can be sold above the declared MRP in shops, hotels, restaurants, bars (including bottled water, soft and hard drinks).
39 L.P.G. Check the weight of the cylinder with the spring balance available with the distributor or the delivery man. The net quantity is 14.2 kg while the empty cylinder weight is 15 to 17 kg. If you take delivery from the distributor’s store you pay Rs.8/- less.
40 P.O.L. Fuel Stationsmust display conspicuously a verified 5 ltr. canby which you can check the quantity of the actual supply. Totaliser is mandatory for every fuel station to check accuracy of dispensing unit. The Anti-Adulteration Cell will check any complaint regarding spurious P.O.L.
41 Kerosene Oil Check ILM’s verification on the measure and the bottom that should have no cut mark or dent or re-welded. Ensure measure is filled to the top hole. There should be no lather in the drum or measure. Ensure there is no wax or sponge in the measure.
42 Insurance Regulatory and Development Authority It is located at: Parisrama Bhavanam 3rd Floor, BasheerbaghHyderabad 500 004. Ph: 040-55820964, 55789768 Fax:040-55823334
43 Insurance Council The Insurance council comprises of members of the Life Insurance Council and General Insurance Council formed under Section 40 C of the Insurance Act, 1938. Its governing body consists of representatives of insurance companies. It issues orders of appointment of the insurance Ombudsman on the recommendations of the committee comprising of Chairman IRDA, Chairman LIC, Chairman GIC and a representative of the Central Government.
44 Governing Body of Insurance Council Address and contact number:Secretary GeneralGoverning Body of Insurance CouncilJeevan Seva Annexe3rd Floor (Above MTNL)S.V. Road, Santacruz (W)Mumbai - 400 054Tel. No. : 022 - 610 6889Fax No. : 022 - 6106980, 610 6052E-mail ID: firstname.lastname@example.org
45 Insurance Ombudsman The institution of Insurance Ombudsman was created by Govt of India for quick disposal of grievances of insured customers and to mitigate their problems involved in redressal of those grievances. An Insurance Ombudsman is appointed regionally to attend to complaints relating to Insurance. For West Bengal, Bihar, Jharkhand, Andaman & Nicobar Islands, Sikkim he is located at: North British Bldg. 29, N.S.Road, 3rd Flr, Kolkata-1. Ph: 22212666 / 22212669, Fax: 22212668.
46 Remind Ourselves:THE CUSTOMER IS ALWAYS RIGHT 24 December~.
National Consumer Day
World Consumer Rights Dayfor celebration and solidarity within the international consumer movement. [4 basic consumer rights declared by President Kennedy on 15 March 1962. First observed on March 15, 1983.]