INTRODUCTION Industrialization and economic dvpmnt Increased the no: of consumerIncreased the consumption of goods & services. Consumer exploitation Consumer movements Consumer protection act 1986.
OBJECTIVES OF Promoting and protectingTHE ACT the consumer rights. Providing for the establishment of consumer council and other authorities. Providing speedy and simple redressal machinery at district state and central level for settling consumer disputes and related matters.
A person who buys/availsCONSUMER any goods/service 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/service with the approval of the buyer. Note • Consumer does not include a person who obtains goods or avails services for commercial purpose or re-sale, or given free of charge
• Instances of • Instances of commercial commercial purpose purpose treated as not treated as consumers consumers • A railway passenger is a• Purchase of vehicle for consumer running it as taxi • An employee who is a member of EPF• Purchase of goods for resale • A person using electricity for commercial purpose• Purchase of • Nominee under a policy photocopier for of life insurance. commercial purpose
Sec2(1)(0) of the act defines theService word service. It means service of any description which is made available to potential users includes the facilities in connection with banking, financing, insurance, tr ansport, processing, supply of electrical or other energy, boarding or both house construction, entertainment, am usement or other information,but it does not include the rendering of service free of chargeor under a contract of free of service.
• The r/s of teacher and student in an educatnal institution is not a service• Service rendered by the govt servants under the central govt health insurance scheme are not covered by the term service
• Right to education• Right to redressal• Right to be heard• Right to safety• Right to information• Right to choose
UNFAIR TRADE • Unfair method or deceptive practice adopted for PRACTICE promoting the sale, use or supply of any goods or for the provision of any services. 1. Misleading Advertisements and False representation 2. Bargain sale 3. Offering gifts or prizes with the intention of not providing it. 4. Non compliance of prescribed standards 5. Hoarding/destruction of goods
Consumerprotection council • The COPRA 1986 provides the constitution of consumer protection council at the • central • state and • district levels.
CENTRAL CONSUMER PROTECTION COUNCIL• 150 members• Headed by minister in charge of consumer affiarsAlso includes:• Minister/Deputy minister of state for food&civil supplies.• Members of parliament• Consumer of SC and ST• Representatives of consumer org.• The term of council is for 3 yrs.• It shall have the jurisdiction to entertain complaints where the value of the goods or services and compensation the claim exceeds Rs. 1 Crore
State consumer protection council• Established by state govt• Includes• Minister in charge of the consumer affairs in the state govt - chairman• Members nominated by the state and central govt.• It shall have the 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 OBJECTS OF THE COUNCIL:• To promote and protect within the state the rights of the consumer.
District consumer protection council• Established by state govt• Includes:• District collector-chairman• Official and non official members nominated by the state govt• 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• OBJECTS:• To promote and protect the rights of the consumer within the district
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.
• Complaint should be addressed to the president of the forum.• Within 21 days a copy is sent to the opposite party to give his version of the case.• In case of failure the district forum will proceed in the manner under sec13(c )(g)of COPRA.• In case of alleged goods require analysis it will be sent to laboratory for testing by district forum.The copy of the result will be sent to the opposite party.• If the allegations made is found true by the district forum the following are the remedies:
Remedies Under COPRA• To remove the defects pointed out by the appropriate laboratory from goods in question• To withdraw the hazardous goods from being offered for sale• To cease from manufacturing of hazardous goods• Not to offer the hazardous goods for sale.• Issue of corrective advertisement• Provision of adequate costs to parties
• 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 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.