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consumer protection
1.
2. INTRODUCTION:
Consumer protection is a group of laws and
organizations designed to ensure
the rights of consumers as well as fair trade,
competition and accurate information in the
marketplace. The laws are designed to prevent
businesses that engage in fraud or specified
unfair practices from gaining an advantage over
competitors. They may also provide additional
protection for those most vulnerable in society.
3.
4. ANCIENT V/S MODREN APPROACH
ANCIANT…… MODREN……
SELLER IS THE
KING IN THE
MARKET
CUSTOMER IS
THE KING IN
THE MARKET
5. CONSUMER LAW:
Consumer protection law or consumer law is
considered an area of law that regulates private
law relationships between individual consumers and
the businesses that sell those goods and services.
Consumer protection covers a wide range of topics,
including but not necessarily limited to
PRODUCT liability, privacy rights, unfair business
practices, fraud, misrepresentation, and other
consumer/business interactions
6. ACTS ON CONSUMER PROTECTION
1. The Consumer Protection Act 1986:
Enactment of Consumer protection Act 1986 was one of the most
important steps taken to protect the interest of consumer. The
provision of act came into force from July 1, 1987. The main
features of this Act are:
(i) This act has provided various rights and responsibilities to
consumers.
(ii) It provides safeguard to customers against defective goods,
deficient’s, services, unfair trade practices and other forms of
their exploitation.
(iii)The act has provided three tier redressal agencies where
consumer can file complaints.
These are District forum, State Commission and National
Commission.
7. 2. The Contract Act 1982:
This Act is formed to bind people on their promises made in a contract. The Act
also provides remedies available to parties in case of breach of contract.
3. The Sale of Goods Act 1930:
This act provides safeguard and relief to customers in case goods are not
complying with the expressed conditions and warranty.
4. The Essential Commodities Act 1955:
This act is formed to control production, supply and distribution of essential
commodities. It checks inflation and ensures smooth and equal supply of these
goods. It also checks black marketing, hoarding.
5. The Agricultural Produce (Grading and Marking) Act 1937:
:This act is formed to assure quality of agricultural products. This Act provides
grade standards for agricultural commodities. The quality mark which is supplied
by this act is “AGMARK.” This mark is given only when goods are produced by
following minimum standards.
8. 6. The Prevention of Food Adulteration Act 1954:
This Act is formed to check Adulteration of food articles and ensure
their purity so that the health of general public can be maintained.
7. The Standard of Weights and Measures Act 1976:
This Act provides protection to consumers against malpractices of
underweight, under measure. The provision of this Act is applicable
on those goods which are sold or distributed by weight and measure.
8. The Trade Mark Act 1999:
This Act prevents the use of fraudulent marks on products. This act
is introduced in place of trade and merchandise mark act 1958.
9. The Competition Act 2002:
This Act is related to monopolies and restrictive trade practices Act
1969. This Act is formed to encourage healthy competition and
protect consumers from companies which hamper competition.
9. CONSUMER RIGHTS:
Consumer rights and consumer protection law
provides a way for individuals to fight back
against abusive business practices. These laws are
designed to hold sellers of goods and services
accountable when they seek to profit by taking
advantage of a consumer’s lack of information or
bargaining power
10.
11. CONSUMER RIGHTS:
RIGHT TO SAFETY
RIGHT TO BE HEARD
RIGHT TO INFORMATION
RIGHT TO REDRESSAL
RIGHT TO CONSUMER EDUCATION
RIGHT TO CHOOSE
12. RIGHT TO SEFETY: RIGHT TO CHOOSE:
Means right to be
protected against the
marketing of goods and
services, which are
hazardous to life and
property. The purchased
goods and services availed
of should not only meet
their immediate needs, but
also fulfill long term
interests.
Means right to be assured,
wherever possible of access
to variety of goods and
services at competitive
price. In case of
monopolies, it means right
to be assured of
satisfactory quality and
service at a fair price. It
also includes right to basic
goods and services
13. 3
RIGHT TO INFORMATION RIGHT TO REDRESSAL
Means right to be informed
about the quality, quantity,
potency, purity, standard
and price of goods so as to
protect the consumer
against unfair trade
practices. Consumer
should insist on getting all
the information about the
product or service before
making a choice or a
decision
Means right to seek
redressal against unfair
trade practices or
unscrupulous exploitation
of consumers. It also
includes right to fair
settlement of the genuine
grievances of the
consumer. Consumers
must make complaint for
their genuine grievances.
14. RIGHT TO EDUCATION RIGHT TO BE HEARD
Means the right to acquire
the knowledge and skill to
be an informed consumer
throughout life.Ignorance
of consumers, particularly
of rural consumers, is
mainly responsible for
their exploitation.
Means that consumer's
interests will receive due
consideration at
appropriate forums. It also
includes right to be
represented in various
forums formed to consider
the consumer's welfare.
15. RESPONSIBILIES OF CONSUMER…..
1. Consumer must Exercise his Right .
2. Cautious Consumer.
3. Filing Complaints for the Redressal of Genuine
Grievances.
4. Consumer must be Quality-Conscious.
5. Do not be carried away by Advertisements
6. Insist on Cash Memo.
7. Form consumer societies which could play an active part
in educating consumers and safeguarding their interest.
8. Respect the environment; avoid waste littering and
contribution to pollution.
9. Discourage black marketing, hoarding and choose only
legal goods and services.
10. Be aware of variety of goods and services available in
market.
17. REDRESSAL MECHANISM UNDER CONSUMER
PROTECTION ACT-1986
1.DISTRICT FORUM: A District Forum established by the
State Government in each district of the State by its
notification.
2.STATE COMMISSION: A State Commission established
by the State Government in each state by its
notification
3.NATIONAL COMMISSION: A National Commission
established by Central Government by notification
19. RELIEFS AVAILABLE TO CONSUMERS:-
(a) Removal of Defects:
(b) Replacement of Goods
(c) Refund of Price
(d) Award of Compensation
(e) Removal of Deficiency in Service
(f) Discontinuance of Unfair/Restrictive Trade
Practice
(g) Stopping the Sale of Hazardous Goods
(h) Withdrawal of Hazardous Goods from the
Market
22. Successful cases:-
Naaptol: Refunds Rs 4298 against undelivered product
Dr. M.Thirunavoukkarasu of Bhubaneswar complained to us
that online shopping portal- Naaptol is not refunding his
amount that he paid for undelivered product. ICRPC
forwarded his email to naaptol and his Rs. 4298.00 was
refunded on 14-5-2013
23. Mr. Vishakha Parashar of Kolkata. tried to book a
ticket through Axis bank website. Rs 44,860 was
deducted but the ticket was not booked. The bank was
not refunding the amount to the consumer despite
many complaints. The consumer got his full amount
refunded back when ICRPC sent a legal notice to Axis
bank.
Axis Bank: Refunds Rs 44,860
for faulty booking of tickets
24. Spicejet Airlines: Refunds Rs 37,316 against
cancelled tickets
Mr. Rajiv Jindal received the refund of Rs. 37316.00
on 17thMay’2013 when the Spicejet airlines
cancelled his return ticket without any notice or
approval from him, and was not refunding the
amount back. Our intervention got his money
refunded.
25. Intresting facts about Consumer
Protection…..
1.CHANGE YOUR MIND: When you brought something
from shop you do not have legal right to refund just
because you changed your mind. exception is if they
specifically mentioned return policy.
2.RETURN POLICY in Online shopping : If you
brought product in online website ,you have the right to
“14-day cooling off” period from the date you receive the
product.