Consumer protection-act-1986
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1986

1986

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Consumer protection-act-1986 Presentation Transcript

  • 1. CONSUMER PROTECTION ACT By: Manish Mahajan (20) Raghav Gupta (33)
  • 2.  Introduction  Features  Consumer  Rights of consumer  Unfair Practices  Judicial machinery  Case study  Conclusion
  • 3.  CPA was passed by the Lok Sabha on 5th December 1986 and Rajya Sabha on 10th December, 1986.  The Consumer Protection Act, 1986 was enacted “to provide for better protection of the interests of the consumers”  Consumer protection means the protection of the consumers from their exploitation by the unfair trade practices of the producers/sellers.
  • 4.  An act provide for better protection of the interest of the consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for the settlement of consumer’s dispute and for matters connected therewith.
  • 5.  It applies to all kinds of goods and services  Creation of Centre and State Governments to set up Consumer Protection Councils for protecting the rights of the consumer.  Provides affective protection to the consumer from different types of exploitations, such as defective goods, adulteration, under- weight, excessive price, unsatisfactory or deficient services and unfair trade practices.
  • 6. According to Sec 2(1)d of the act “Consumer” means any person who-  Buys any goods for a consideration  {Hires for avails of} any services for a consideration According to Mahatma Gandhi , “ A consumer is the most important visitor on our premises. He is not dependent on us, we are on him. He is not an interruption to our work, he is the purpose of it. We are not doing a favour to a consumer by giving him an opportunity. He is doing us a favour by giving us opportunity to serve him”
  • 7.  According to section 2(7) of Sale of Goods Act, 1930 Goods means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass, and this attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
  • 8.  According to section 2(1)(0) of Sale of Goods Act, 1930 Service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
  • 9.  The Right to Basic Needs: ascertains basic goods and services, which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation.  The Right to Safety: assures protection against products, production processes and services, which are hazardous to health or life. It includes concern for consumers' long-term interests as well as their immediate requirements.  The Right to be informed: means being given the facts needed to make an informed choice or decision. Consumers must be provided with adequate information enabling them to act wisely and responsibly. They must also be protected from misleading or inaccurate publicity material, whether included in advertising, labeling, packaging or by other means. 
  • 10.  The Right to be heard: means the right to advocate consumers' interests with a view to their receiving full and sympathetic consideration in the formulation and execution of economic and other policies. It includes the right of representation in governmental and other policy-making bodies, as well as in the development of products and services before they are produced or set up.  The Right to Consumer Education: to acquire the knowledge and skills to be an informed consumer throughout life. The right to consumer education incorporates the right to the knowledge and skills needed for taking action to influence factors, which affect consumer decision.
  • 11.  The Right to Choose: enables access to a variety of products and services at competitive prices and, in the case of monopolies, to have an assurance of satisfactory quality and service at a fair price.  The Right to Seek Redressal: meaning a fair settlement of just claims. It includes the right to receive compensation for misrepresentation, for shoddy goods or unsatisfactory services and the availability of acceptable forms of legal aid or redress for small claims where necessary.  The Right to a Healthy Environment: as in the right to a physical environment that will enhance the quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations.
  • 12.  Critical awareness: The responsibility to be more alert, and questioning about the price and quality of goods and services we use.  Action: The responsibility to assert ourselves, and act to ensure that we get a fair deal. As long as we remain passive consumers, we will continue to be exploited.  Social concern :The responsibility to be aware of the impact of our consumption on other citizens, especially disadvantaged or powerless groups whether in the local, national or international community.
  • 13.  Environmental awareness: The responsibility to understand the environmental consequences of our consumption. We should recognize our individual and social responsibility to conserve natural resources and protect the earth for future generations.  Solidarity: The responsibility to organize, and come together as consumers to develop the strength to influence, promote and protect our own interests.
  • 14. The Act makes it an offence for a supplier (retailer, manufacturer or distributor) to engage in an unfair practice by -  Representing that goods or services are of a particular standard, quality, style, model, origin or method of manufacture if they are not;  Representing that goods or services are available or are available for a particular reason, price, quantity, or at a particular time if the supplier knows or can reasonably be expected to know it is not so, unless the representation clearly states any limits;
  • 15.  charging a price for goods or services that is substantially higher than an estimate provided to the consumer, except where the consumer has expressly agreed to the higher price in advance.  taking advantage of a consumer by including in a consumer agreement terms or conditions that are harsh, oppressive or excessively one-sided.  taking advantage of a consumer by exerting undue pressure on the consumer to enter into a transaction involving goods or services.
  • 16.  The District Commission Shall have Jurisdiction:  (1) Subject to other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation if any, claimed does not exceed rupees twenty lakhs. (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, -  (a) The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office, or personally works for gain; or
  • 17.  The State Commission Shall have Jurisdiction:  (a) to entertain:  (i) complaints where the value of the goods or services and compensation, if any claimed exceeds rupees 20lakhs but does not exceed rupees one crore.  (ii) appeals against the orders of any District Forum within the Stale; and   (b) to call for the records and pass appropriate and pass appropriate orders In any consumer dispute which is pending before or has been decided by any District Forum within the State, where It appears to the State Government that such District Forum has exercised a jurisdiction not vested In it by law or has failed to exercise a Jurisdiction so vested or has acted in exercise on its jurisdiction illegally
  • 18.  The National Commission shall have Jurisdiction as under   to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 1crore.  to entertain appeals against the orders of any State Commission;  to call for the records and pass appropriate orders In any consumer dispute which is pending before or has been decided by any state commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by Law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.  
  • 19.  Name, description and the address of the complainant and also the opposite party.  Facts relating to complaint .  Documents, if any, in support of the allegations .  Relief demanded.
  • 20. Reebok dealer ordered to pay compensation(Reebok Dealer vs Harpreet Kanwar )July 13,2009CHANDIGARH: Consumer Court has ordered a Reebok shoe dealer to pay Rs 5, 000 as compensation to Harpreet Kanwar for not entertaining herrequest to change her shoes, which were of smaller size even after a long waitof eight months, she claimed.It is notable that Harpreet, a residence of Sector 44, purchased one pair ofshoes of particular design and size UK 9 from Reebok Outlet on July 7 in 2008but when she opened the shoe box, the pair of shoes which she had purchasedwas not found therein and instead a wrong size of pair of shoes.This girl reported this to the manager of the outlet, who asked her to visit theoutlet on July 22 to exchange it. The complainant had visited the showroom anumber of times to exchange the shoes but he failed to do the same and everytime took an excuse of non-
  • 21.  When the dealer delayed the matter for about eight months, the complainant fileda complaint against him in Consumer Court on March 6 this year. This is admittedby the dealer that the complainant had visited his premises three to four times butshe could not be given the exact pair due to the unavailability of the stock.However, she was also requested to get back the money of Rs 1,797, the price of theshoe pair, which she refused flatly.It is also claimed that the complainant had purchased the shoes for her morningwalks and physical exercise to keep her physically fit but due to the careless delayof the showroom manager, she could not do so as a result her weight increasedand her health deteriorated, which caused her great mentally and physicallyharassment.After hearing the both sides of the argument, the Consumer Court directed thetrader to refund the amount of Rs1,794, the price of the shoes and also pay to thecomplainant a sum of Rs5,000
  • 22. Few consumers are fully aware about the rights, responsibilities and Consumer Protection Act. Hence, it is necessary to educate them on their rights and responsibilities as consumers, to make them vigilant, rational and aware buyers. The government has been fruitful in providing protection to the consumers in the real sense of the term and served the purpose of the Act.
  • 23.  Internet ◦ http://en.wikipedia.org/wiki/Consumer_Protection_Act,_1986 ◦ http://www.legalhelpindia.com/consumer-protection-act.html ◦ http://www.indiankanoon.org/doc/1820593/  Books ◦ Business Legislation, by KC Garg and V K Sareen ◦ Law, Ethics and communication by CA Munish bandari