CONSUMERISM <ul><li>CAVEAT EMPTOR: ‘LET THE SELLER BEWARE’. </li></ul><ul><li>It is a battle against exploitation of consumers. </li></ul><ul><li>A social force to make business more honest,efficient & responsible. </li></ul>
“ A social movement seeking to augment the rights & powers of the buyers in relation to sellers”. Philip Kotler.
Need for Consumerism <ul><li>The consumers are not only subject to the exploitation of private sector enterprises like nationalized commercial banks,state electricity board, telephone department. </li></ul><ul><li>Despite a number of laws passed to protect the interest of the Indian consumers, they are not aware of their rights. </li></ul>
Most of the victims of adulterated, hazardous, duplicate & standard goods as well as indirect weights & measurements. By resorting to unethical , false & misleading advertisement, business make quick money at the cost of consumers.
Utility of consumerism <ul><li>It provides feedback information to businesses: </li></ul><ul><li>They understand the real needs & wants of the consumers. This will enables them to implement the marketing concept very successfully. </li></ul><ul><li>Producers & sellers will not take the consumers for granted: </li></ul><ul><li>When consumers are in position to protect their rights , businesses will not resort to unfair & unethical trade practices. </li></ul>
Consumers makes the government more responsive to consumer needs: Government compels it to pass the necessary legislative measures to safeguard the rights of consumers. Consumers get support to minimize the imperfections with regard to distributions : Sometimes the sellers charge exorbitant prices by giving one or other reasons.
Legislative measures for consumer protection in India. <ul><li>Indian Contract Act 1872. </li></ul><ul><li>Sale of Goods Act 1930. </li></ul><ul><li>Agricultural Produce Act, 1937. </li></ul><ul><li>Industries (Development & Regulation) Act 1951. </li></ul><ul><li>Prevention of Food Adulteration Act 1954. </li></ul><ul><li>Essential Commodities Act 1955. </li></ul>
Essential Services Maintenance Act 1968. MRTP Act 1969. Standards of Weights & Measures Act,1976 together with the standards of W & M (Packaged Commodities) Rules 1977 & 1990. Bureau of Indian Standards Act 1986. Environment Protection Act 1986. Consumer Protection Act 1986.
Consumer Rights <ul><li>Right to choose: </li></ul><ul><li>Even in a competitive market, consumers should have an assurance of satisfactory quality & services at fair price. </li></ul><ul><li>Right to be informed : </li></ul><ul><li>They should be provided with full information concerning the product or service such as quality & performance standards , ingredients of the product etc. </li></ul><ul><li>Right to safety: </li></ul><ul><li>The products available should not be hazardous to the health of life of consumers. </li></ul>
Right to redressal: It ensures compensation to consumers for the loss suffered by them or injury caused to them by the seller. Right to be heard: Right to a healthy environment. The products should not pollute air or water. Right to consumer education:
Hindrances to the growth of a strong consumer movement <ul><li>Most of the consumers in India are illiterate. </li></ul><ul><li>Legal process in India is time consuming, due to which consumers do not come forward. </li></ul><ul><li>Lack of leadership is considered to be an important hurdle. </li></ul><ul><li>It is difficult to disseminate consumer education as India is a vast country. </li></ul><ul><li>Legislative are numerous but they are not effectively implemented . </li></ul>
Consumer Protection Act, 1986. <ul><li>It is the only act which directly pertains to the market place and seeks to redress complaints arising from it. </li></ul><ul><li>It provides protection to consumers against unfair trade practices. </li></ul><ul><li>The act is applicable in whole India except J&K. </li></ul>
Who is the consumer for the Act <ul><li>Any person who buys any goods for a consideration is a “Consumer” as defined under the CPA. But a person who obtains such goods “ for re-sale or for any other commercial purpose” is not a consumer. </li></ul>
What is commercial purpose?? <ul><li>When any goods are purchased with a view to use the same “ for carrying on any activity on large-scale, for the purpose of earning profit". it is a purchase for commercial purpose. </li></ul>
Meaning of Goods <ul><li>The term “goods” in the Consumer Protection Act has the same meaning as found in sales of goods act as “ every kind of movable property other than actionable claims & money, & includes stocks & shares , growing crops , grass & things attached to or forming part of land , which are agreed to be served before sale”. </li></ul>
Examples of services <ul><li>Services include banking, financing, insurance, transport, processing, supply. </li></ul><ul><li>Who is a Complainant? </li></ul><ul><li>“ A consumer or any other recognized consumer association or the central or any other state government”. </li></ul>
Complaint <ul><li>If the complainant has suffered loss or damage as a result of any unfair trade practice adopted by any other trader. </li></ul><ul><li>If the goods delivered to the complainant have one or more defects. </li></ul><ul><li>If the services rendered is deficient in any respect. </li></ul>
Consumer protection councils: <ul><li>Central Consumer Protection Council– At national level. </li></ul><ul><li>Central Government & protection council—At state level. </li></ul>
Consumer Dispute Redressal Forums <ul><li>It includes: </li></ul><ul><li>A District Forum in each district. </li></ul><ul><li>A state commission in each State. </li></ul><ul><li>A National Commission at the Central level. </li></ul>
Composition of district forum <ul><li>Each district forum shall consists of: </li></ul><ul><li>A person who is or has been or is qualified to be a district judge, to be nominated by the State government , who shall be its president. </li></ul><ul><li>A person of eminence in the field of education trade or commerce. </li></ul><ul><li>A lady social worker. </li></ul>
Composition of State Commission <ul><li>A person who is or has been a judge of a high court , appointed by the state government who shall be its President. </li></ul><ul><li>Two other members who shall be persons of ability, integrity & standing & have adequate knowledge or experience in dealing with problems. </li></ul>
Jurisdiction of the state commission: the commission can entertain complaints where the value of the goods & services & compensation claimed exceeds rs. 5 lakhs but does not exceeds rs. 20 lakhs. Procedure for handling complaints- State Commission: Any person aggrieved by the order of state commission can make an appeal to National Commission within a period of 30 days.
Composition of National Commission <ul><li>A person who has been the judge of supreme court to be appointed by Central Government. </li></ul><ul><li>4 other members with ability, integrity & capacity in dealing with problems relating to economics, law, commerce. </li></ul>
Jurisdiction of National Commission <ul><li>Value of goods /services exceeds 20 lakhs, such complaints are entertained. </li></ul><ul><li>In the disposal of any complaint the commission will have all the powers of a civil court. </li></ul>
Pay attention <ul><li>Time limit for disposing of a complaint is 90 days from the date of filing of case. </li></ul>Presented by: Ms. Megha Mathur
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