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    Copra Copra Presentation Transcript

    • The Consumer Protection Act, 1986
    • “ Consumer is the king of the market”
      • “ Sellers market” is now “buyers market”.
      • Industrial development has led to the influx of various goods and services in the market.
    • Objects and Application of the Act
      • 1.To Provide for better protection of interest of consumers as per IOCU.
      • 2.To establish the Consumer Councils
      • 3.To empower the Consumer Councils and
      • other authorities to settle disputes and
      • matters connected.
    • Consumer Rights Safety education Choose Information Redressal Heard
    • CONSUMER
      • A person who buys any goods for a consideration which has been paid/ promised/ partly paid and partly promised or under scheme of deferred payment and includes other user of such goods with the approval of the buyer.
      • OR
      • A person who hires or avails of any services for consideration which has been paid/ promised / partly promised or under any system of deferred payment.
      • ( Imp Consumer does not include a person who obtains goods or avails services for commercial purpose or re-sale, or given free of charge)
    • GOODS
        • As per sales of goods act
        • Any kind of movable property other than actionable claims and monney
      • SPURIOUS GOODS AND SERVICES
        • Such goods and services which are claimed to be genuine but they are actually not so.
    • Service
      • Service of any description which is made available to potential users
      • includes the provisions of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging of good, house construction, entertainment, amusement or other information.
    • DEFICIENCY
      • Any fault imperfection ,shortcoming or inadequacy in the quality , nature and manner of performance to be maintained in relation to any services.
      • It has two parts Services for which standard has been prescribed
      • and service for which express guarantees and warranties are given by person concerned.
    • DEFECT
      • Any fault ,imperfection ,shortcoming in the Quality, quantity, potency, purity or standard which is to be maintained in relation to any goods
    • COMPLAINANT
      • Is A Consumer
      • An Asso. of consumer reg. under Co. Act
      • The Central or State Govt.
      • One or more consumers having same interest.
      • The legal Heir or representative in case of death of the consumer.
    • Consumer Complaint
      • Any allegation made by the complainant in writing
      • Unfair trade practice or RTP
      • Defect in goods
      • Deficiency in service
      • Excess price
      • Hazardous goods or service made available to public
    • CONSUMER DISPUTE
      • The allegation made by consumer with respect to defect in goods and deficiency in service provided.
      • TRADER
        • A person who sells or distributes any goods for sale
        • Trader shall include the packer of those goods
    • Are the following consumers
      • Passenger traveling by train.
      • A person registering for gas connection.
      • Subscriber of telephones.
      • User of electricity.
      • Purchaser of equipment using it by himself in the practice of his profession.
      • Subscriber to a provident fund.
      • Person buying goods for resale use in large scale profit making activity.
      • Insurance Company .
    • UNFAIR TRADE PRACTICE
      • UNFAIR METHOD OR UNFAIR OR DECEPTIVE PRACTICE ADOPTED FOR PROMOTING THE SALE, USE OR SUPPLY OF ANY GOODS OR FOR THE PROVISION OF ANY SERVICES.
      • It includes
      • Misleading Advertisements and False representation
      • Sale offer of bargain price
      • Scheme offering gifts or prizes
      • Non compliance of prescribed standards
      • Hoarding destruction or refusal
    • Misleading Adv. False Repre . Any warranty Guarantee of performance not based on adequate test Seller has sponsorship approval Rebuilt as new goods Goods are of Q, Q, S, G, Co,S,M Misleading about the price at which goods ordinarily sold Disparaging goods of another About the need Usefulness of goods services Goods ,services have Sponsorship ,performance Services are of S,Q,G
    • RESTRICTIVE TRADE PRACTICE
      • A TRADE PRACTICE WHICH REQUIRES A CONSUMER TO BUY, HIRE OR AVAIL OF ANY GOODS OR SERVICES AS A CONDITION PRECEEDENT FOR BUYING OR HIRING OF OTHER GOODS AND SERVICES.
    • Interesting Cases
      • Conducted Tours: RAJ TRAVELS &TOURS PVT. LTD
      • Educational institutes: KATILA MEDICAL COLL. PATNA
      • Offering Gifts: VIMAL POWDER
      • SOCIETY for civic rights Vs Colgate UTP #Reduction/ introductory pricing for a particular period
      • #3 contest schemes only in an yr. for introductory goods
      • #price of product and highest cost of any prize not more than 1:10
    • Redressal Agency
      • The aims and objectives of the Act are achieved by the constitution and creation of
        • District Forum
        • State Commission and
        • National Consumer Disputes Redressal Commission.
    • District Forum
      • It shall consist of a person who is or has been or is qualified to be a District Judge as its President,2 other members, one of whom shall be a woman possessing a bachelor’s degree from a recognized university, be a person of ability, integrity and standing and have adequate knowledge and experience
      • Every member of the District Forum shall hold office for a term of 5 years or up to the age of 65 years which ever is earlier.
      • It shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs.20 Lakhs.
    • A District Forum shall have the powers
      • to remove the defect pointed out by the appropriate laboratory from the goods in question
      • to replace the goods with new goods of similar description which shall be free from any defect
      • to return to the complainant the price , or as the case may be, the charges paid by the complainant
      • to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party
    • State Commission
      • It is established by SG by notification
      • It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds Rs. 20 Lakhs but does not exceed Rs.1 Crore and appeals against the orders of any District Forum within the State.
      • It shall consist of a person who is or has been a Judge of the Supreme Court,as its President. Not less than 4 and not more than such number of members as may be prescribed and one of whom shall be a woman with similar qualifications as required in the case of appointment as a member to a District Forum or a State Commission.
      • Every member of the National commission shall hold office for a term of 5 years or up to the age of 70 years which ever is earlier.
      • It shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, the claim exceeds Rs. 1 Crore and appeals against the orders of any State Commission.
      National Commission
    • Content of Consumer Complaint
      • Details of the complainant.
      • Details of the opposite party or parties.
      • The facts relating to complaint and when and where it arose.
      • Documents, if any, in support of the allegations contained in the complaint.
      • Relief which the complainant is seeking.
    • Where do I file my complaint???
      • Pecuniary Jurisdiction
      • Territorial Jurisdiction
      • Consumer Forum
      Time period for filing complaint Within 2 years
    • Fees for filing a complaint
      • Up to 1 Lakh – Rs.100.
      • 1 Lakh & above but less that 5 Lakhs – Rs.200.
      • 5 Lakhs & above but less that 10 Lakhs – Rs.400.
      • 10 Lakhs & above but less that 20 Lakhs – Rs. 500
      • Do I have to be there myself to file a complaint?
      • Ans : No
    • Remedies Under Consumer Protection Act
      • To remove the defects pointed out by the appropriate laboratory from goods in question.
      • To replace the goods with new goods of similar description which shall be free from any defect
      • To return to the complainant the price, or, as the case may be, the charges paid by the complainant.
      • Compensation for loss of negligence on part of consumer
      • To remove the defects or deficiencies in the services in question.
      • To discontinue the unfair trade practice or the restrictive trade practice or not to repeat them.
      • Not to offer the hazardous goods for sale.
    • Continued
      • 8 To withdraw the hazardous goods from being offered for sale
      • 9. To cease from manufacturing of hazardous goods
      • 10. Loss of injury of consumer
      • 11. Issue of corrective advertisement
      • 12. Provision of adequate costs to parties
    • LIMITATION PERIOD.
      • (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.
    • Objects of Council
      • To promote and protect the rights of the consumers such as, - (a) To be protected against the marketing of goods and services which are hazardous to life and property;
      • (b) T o be informed about the Q,Q,P,P,S and price of goods or services, and against UTP;
      • ©To be assured , wherever possible, access to a variety of goods  and services  at competitive prices;
      • (d) T o be heard and to be assured that consumers' interests will receive due consideration at appropriate forums;
      • e) T o seek redressed against UTP or RTP or unscrupulous exploitation of consumers; and
      • (f) To consumer education .
    • Councils
      • The District Consumer Protection Council . (1) The SG will establish for every district, by notification. (2) It shall consist of the foll. members, namely:- (a) the Collector of the district (by whatever name called), as its Chairman; and (b) such number of other official and non-official members as may be prescribed by the SG (3) The District Council shall meet at least twice in an year. (4)The procedure will be set by SG
    • State Council
      • THE STATE CONSUMER PROTECTION COUNCILS. (1) The SG will establish State Council by notification
      • (2) It shall consist of the foll. members, namely :- (a) the Minister in-charge of consumer affairs in the SG as its Chairman; (b) such number of other official or non-official members as may be prescribed by the State Government. (3) The State Council shall meet at least twice in an year. (4) The procedure will be prescribed by the SG
    • Central Council
      • THE CENTRAL CONSUMER PROTECTION COUNCIL. (1) The CG will establish Central Consumer Protection Council by notification
      • (2)It shall onsist of the foll. members, namely :- (a) the Minister in charge of Consumer Affairs in the  CG as its Chairman, and (b) such number of other official or non-official members as may be prescribed.
      • 3. The Council shall meet at least once an year.
    • CONCLUSION
      • Benevolent Piece Social Legislation
      • Issue of Consumer Welfare
      • Special feature of this act
      • Role of Three Tier Quasi judiciary
      • Concept of Consumers Sovereignty ”
      • Overall Effect of Consumer Protection