NEED FOR CONSUMER PROTECTION ACT IN AN ERA OF FREE COMPETITION WHERE ‘CONSUMER IS A KING’
1.
2.
3. To provide
Consumer is..
• Most powerful motivation force
• Equally liable to penalties
Applicable to
Excludes
4. • Illiteracy and Ignorance
• Unorganized Consumers
• Spurious Goods
• Deceptive Advertising
• Malpractices of Businessmen
• Freedom of Enterprise
• Legitimacy for Existence
• Trusteeship
5. • To protect the basic rights of a consumer
• Not to provide a loophole and excuses
• Educating the consumer
Regarding their rights
To propagate awareness about the act and
the ethical practices
6. The Act applies to all goods and services
unless specially exempted by Union
Government
It covers all sectors
Provisions of the Act are compensatory in
nature
It envisages establishment of consumer
protection councils
Provisions of this act are in addition to and
not in derogation of the provisions of any
other act.
8. • Eg: Brazil, Kenya, India, United
Kingdom, Nicaragua and Peru
among others.
9. • Freedom of choice
Example- 1.online shopping 2.Ford model T
• Rational decisions
example- 1.Return on investment,
Technological evaluation, Business Expansion 2.
Sportswear
• large number of firms- homogenous product.
Example- 1.Pepsi and Coke 2.Smartphone
Companies
10. • Easy entry and exit (low “barriers to entry”)
Example-
1. Telecommunications, energy
2. Consulting, education
3. Hotels, ironworks
4. Retail, electronic commerce
• The actions of an individual firm have little to no
effect on market price.
Example- 1.Nokia
11. It came into force on 1st July 1930.
Excludes State of Jammu & Kashmir.
Contract of sale (Section5)
• A contract of sale is made by an offer to buy or sell
goods for a price and the acceptance of such offer
• a contract of sale
• may be made in writing or
• by word of mouth or
• or partly in writing and partly by word of mouth
• Eg:- customer and salesperson
12. “Essential commodity" means any of the following
classes of commodities :-
(1) cattle fodder, including oilcakes and other
concentrates;
(2) coal, including coke and other derivatives;
(3) component parts and accessories of automobiles;
(4) cotton and woolen textiles;
(4.A) drugs.
This act provides, in the interest of the general public,
for the control of the production, supply of distribution
of, and trade and commerce in certain commodities.
13. • Don't eat onions, prices will dip
• Fruits and veggies no longer
taxable(Assam)
Supreme court
Petitioner
Vishnu Pratap
Singh Langawat
Agricultural
Produce
Marketing
Committee Act,
1972
State
government
14. • The Act came into effect from 1st June, 1955.
• Food being one of the essentials – proper health
• The main objective was to protect the public from
poisonous and harmful foods
• Access to pure, nutritious food, free from any type of
adulteration – right of every citizen
• Case Study
Amul fined
₹5000 for selling
with wrong info
Kaira District Co-
operative Milk
Producers'
Markets
under
Amul
1 yr
Imprisonment to
Ashok Patel
15. Aims at introducing standards in relation to
weights and measures used in trade and commerce.
Objectives
– Establish standards of weights and measures.
– Regulate inter-state trade or commerce
Manufacture/sale/distribution
Penal provisions
• A fine of ₹500/- to ₹1000
• And imprisonment up to seven years
Eg:-Bisleri(1 ltr and 800 ml)
16.
17. • Right to safety
• Right to be choose
• Right to be heard
18. • Right to be informed
Customer care
number for any
complaints on quality
of the product
Nutritional
facts about
the products
Packaging and
expiry date is
mentioned & also
the price
Standard
followed- bar
code (right to
safety)
Standard
weight is
mentioned
19. • Right to seek redresssal
• Right to consumer education
20. • OBJECTIVES OF THE ACT
Greater Transparency .
Informed Citizenry for promotion.
Improvement in Accountability and performance
Reduction in Corruption
21. SECTION 6 : REQUEST FOR INFORMATION :
Steps:
Make a request
• In writing or
• Through electronic means
• In English/Hindi/regional language
SECTION 8 : INFORMATION THAT CANNOT BE
GIVEN
There shall be no obligation to give any citizen Information:-
• disclosure of which would affect the sovereignty and integrity of India.
• which is forbidden to be published by any court of law or tribunal.
• the disclosure of which would cause a breach of privilege of parliament
or the state legislature.
• received in confidence from foreign government
22. The central or state commission:-
Penalty of ₹250 is imposed each day till application is
received
Total amount shall not exceed ₹25000
Recommend for disciplinary action against
1. The central public information officer or
2. The state public information officer
As the case may be, under the service rules applicable to
him.
23. • Hospital Authority fined 25K
under RTI (1) – Mumbai
• Corruption in passport office –
New Delhi
24. • The Act postulates establishment of Consumer
Protection Councils for the purpose of spreading
consumer awareness.
• Central level- central consumer protection
council & State level- state consumer protection
council.
• To promote and protect all the rights mentioned
above of consumers.
25. The aims and objectives of the Act are achieved by the
constitution and creation of 3-tier judicial machinery
depending upon the amount of loss involved
District Forum
State Commission
National Consumer
Disputes redressal
Commission.
26. SI.
No.
Name of
Agency
Cases filed
since
inception
Cases
disposed of
since
inception
Cases
Pending
%of total
Disposal
Remarks
1. National
Commission
78471 68241 10230 86.96%
2. State
Commissions
589771 495717 94054 84.05%
3. District
Forums
3205530 2960263 245267 92.35%
TOTAL 3873772 3524221 349551 90.98%
Total Number of Consumer Complaints Filed / Disposed since inception Under
Consumer Protection Law (as on 04.12.2012)
27. • Buying quality products at reasonable price.
• To check the weights and measures before
making purchases.
• Reading the label carefully.
• Beware of false and attractive
advertisements.
• Beware of misleading schemes.
28. • To procure the bill, cash received
warranty, etc.
• Buying from reputed shops
• Don't make purchases from black market
• To buy standardized product
• To use a product as per the instruction of
the manufacturer
• Knowledge of consumer rights
34. Brand Power advertisement
of a health
drink for kids (Cadbury’s
Bournvita)
Brand Power
advertisement of
Livon Hair Gain Tonic
35.
36. • Background of Consumer protection Act
• The Purpose of the Consumer Protection Act
• Who does the Consumer Protection Act
Affect?
• What are the Consumer Rights in Terms of
the Consumer Protection Act?
• Key Points of the Consumer Protection Act
• Mechanisms of the Consumer Protection Act
37. • Came into effect on 1april
2011
• Promote fairness, openness
and good business practices
• Supports and strengthens
consumer R&R
• Excludes all agreements
before 1 april 2011
• Came into effect on
24december 1986
To provide
• For better protection
• For that purpose to make
provisions
• For the settlement of
consumer’s disputes.
• Excludes goods and services
under personal service or for
resale
38. • Creating A legal
framework for
consumers
• Reducing the difficulties
of consumers
• Protecting consumers
from unfair trade
practices;
• Encouraging
responsible consumer
behaviour
• To protect the basic
rights of A consumer
• Prevent consumers
from getting exploited
• Provide more accessible
protection for
consumers
• Provide A less formal,
less expensive and
faster way to seek
justice
39. Consumer
• An individual to whom
goods or services are
marketed
Supplier
• A business or other
organisation that
operates in South
Africa as a supplier of
goods or services is
called a supplier
• Consumer
• Manufacturer
• Trader
40. • Right to Equality in the Consumer
Market and Protection against
Discriminatory Marketing Practices
• Right to Privacy
• Right to Choose
• Right to Disclosure of Information
• Right to Fair and Responsible
Marketing
• Right to Fair and Honest Dealing
• Right to Fair, Just and Reasonable
Terms and Conditions
• Right to Fair Value, Good Quality and
Safety
• Right to Accountability from Suppliers
• Right to be protected from all
hazardous goods & services
• Right to be fully informed
about the performance and
quality of all goods and
services
• Right to free choice of goods
and services
• Right to be heard in all
decision-making processes
related to consumer interests
• Right to complete consumer
education
• Right to seek redressal,
whenever consumer rights
have been infringed
41. • Language
• Marketing Standards
• Cooling-off periods
• Fixed-Term Contracts
• Overselling and
Overbooking
• Implied Warranty of
Quality
• Prepaid Certificates,
Credits and Vouchers
• Speedy redressal
• Involvement of
consumers
• Goods and Services
• Exemption
• Provisions
• Complaint
42.
43. • Company :- Sony
Ericson
• Consumer:- Rutu
Ladage
• Problem
Consumer Right
Compensation
44. QUESTIONS YES NO
Q1. Do you examine the expiry date the food items and medicines when
you buy them?
30 -
Q2. Have you ever cross checked the weights of the products mentioned
on the item?
6 24
Q3. Do you check the M.R.P.(Maximum Retail Prices) before buying the
products?
30 -
Q4. Have you ever come across adulteration in?
i) Food stuff 6 24
ii) Milk 9 21
Q5. Have you ever been cheated in regards to a product/service offered to
you?
7 23
45. Q6. If yes, did you complain to?
Shopkeeper,
21
Main Supplier,
2
Eleswhere,
0
Din't
Complain, 1.2
46. QUESTIONS YES NO
Q7. Was your complaint to the supplier/shopkeeper attended by him to
your satisfaction?
28 2
Q8. Are you aware of consumer courts, for redressal of grievances of
consumers?
30 -
Q9. Are you aware of the procedure to file a case in the consumer courts? 12 18
Q10. If yes, have you ever filed a case in the consumer court? 2 28
48. • Providing Consumer Education
• Adulteration
• Building Pressure On Government
• Arranging Consumer Protection
Programmes or Organising Public
Opinion
• Providing Guidance To Consumer
• Misleading advertisement
