The document summarizes consumer protection in India. It discusses the importance of consumer protection for both consumers and businesses. It outlines key consumer rights and responsibilities. The document also describes the legal framework for consumer protection in India, including important acts and laws. There are three tiers for consumer grievance redressal - district, state and national commissions. Consumer organizations play an important role in educating consumers and advocating for their rights.
2. CONSUMER PROTECTION
Consumer protection refers to the act of
providing adequate protection to consumers
against the unscrupulous, exploitative and
unfair trade practices of manufacturers and
service providers. It covers physical
protection of consumers, protection of
economic interest and protection of public
interest.
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4. Consumers point of view:
1. Consumer ignorance: In usual practice, consumers are innocent and ignorant
about their rights and reliefs against unfair trade practices. Consumer protection
protects them through consumer education.
2. Unorganized consumers: Consumers need to be organized in the form of
consumer organizations which would protect their interest.
3. Widespread exploitation of consumers: Consumers need protection against unfair
trade practices like defective and unsafe products, black marketing, hoarding,
adulteration etc.
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5. Business point of view:
1. Long term interest of business :Satisfied customers only provide repeat sales, but also give good
feedback to the prospective customers. This will help to increase sales.
2. Use of resources from the society : As the business makes use of society’s resources, it has the
obligation to give reasonable return to the nation and its people.
3. Social responsibility : A business has social responsibilities towards different groups like
shareholders, employees, etc. Therefore it should not be an exploiter but must be a servant.
4. Moral justification : It is the moral duty of any business to protect the interest of consumers.
Exploitative, and unfair trade practices must be avoided.
5. Government intervention: A business engaging in any form of exploitative trade practices would
invite government intervention.
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8. 1 . The consumer
protection Act ,1986
The Act provides
safeguards to consumers
against defective goods,
deficient goods, unfair
trade practices and other
forms of exploitation.
2. The contract act, 1982
The act lays down the
conditions in which the
premises made by parties to a
contract will be binding on
each other This Act specifies
the remedies available in case
of breach of contract.
3. The sale of goods Act, 1930
Act provides some safeguard
and reliefs to the buyers of
goods in case the goods
purchased do not comply with
express or implied conditions
or warranties
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9. 4. The Essential Commodities
Act, 1955
This Act is meant to control
production, supply and distribution
of essential commodities. This Act
also provides for action against
anti-social activities such as
profiteers, adulteration and black
marketers etc.
5. The Prevention of Food
Adulteration Act , 1954
The Act aims to check
adulteration of food articles
and ensures their purity so as
to maintain public health.
6. The Trade Mark Act, 1999
This Act prevents the use of
fraudulent marks (duplicate
trademarks of other companies)
on products.
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10. 7. The Standards of Weights
and Measures Act, 1976
It gives protection to
consumers against the
malpractice of underweight or
under measure. This act is
applicable on those goods
which are sold or distributed
on the basis of weight,
measurement.
8. The Agricultural Produce
(Grading and Marking) Act,
1937
It lays down the procedure for
grading, marking and packing
of agricultural products. The
quality mark is known as
AGMARK. This mark is given
only when produced goods
satisfy the minimum standards
prescribed by the Act.
9. The competition Act,
2002
This Act seeks to
provide protection to
consumers from
companies which hamper
competition in the market.
It aims to promote
competition in the market.
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11. 10. The Bureau of Indian
Standards Act ,1986
The Bureau has two sets of
activities
(1) Formulation of quality
standards and
(2) Certification through BIS.
The bureau has set up
a grievance cell where
consumers can make complaints
about quality of products
carrying the ISI mark.
Common unfair trade practices
Adulteration
Black marketing.
False weights
Poor quality
Exorbitant price
Misleading advertisement
Duplication of brands
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13. 1. Right to safety :Consumers have the right to be protected against the goods which are hazardous to health and
safety. Manufacturing defects in electrical goods, pressure cookers etc. may endanger the life of consumers
2. Right to be informed: It implies that the producer should disclose all the facts regarding his products. Information as
to the quantity, quality, price, date of manufacture, ingredients, precautions of use etc. should be given.
3. Right to choose : It implies that consumer has the chance to choose from the alternatives, the producer should not
take away the right through aggressive selling techniques.
4. Right to be heard :The consumer has a right to file a compliant and to be heard in case of dissatisfaction with a
product or service.
5. Right to seek redressal: When the consumers are cheated or exploited they have the right to get compensation.
6. Right to consumer education : A consumer can get protected against fraud and malpractices only with the help of
knowledge and proper education, he should know the rights and remedies available to him. It is possible only with
proper consumer education.
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15. 1. Consumer should be aware of various goods and services available in the market.
2. He should buy only standardized goods having quality assurance such as ISI mark on electrical
goods, FPO mark on food products, hall mark on jewelry etc.
3. He should learn about the risks associated with products and services and must follow
manufacturers safety instructions.
4. He should read label carefully so as to gather information about prices, weight, expiry etc. 15
16. 5. He should be aware of his rights and exercise his rights when need arises.
6. He should be honest in his dealings.
7. He should insist for a cash memo on purchase of goods and services which serves as proof of the
purchase.
8. He should file a compliant in an appropriate consumer forum in case of shortcomings in quality and
quantity of goods and services.,
9. He should take initiative in forming consumer societies which would play an active part in educating
and safeguarding their interest.
10. He should save the environment by avoiding waste, littering and also contributing to pollution
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17. 1. Self regulation by business :Firms with social commitment follow ethical standards and good
practices in serving the customers. Such firms have set up their customer service and grievance cells to
redress the grievances of their customers.
2. Business Associations: Federation of Indian Chambers of Commerce, (FCCI), Confederation of
Indian Industries (CII), etc. lay down their code of conduct for their members to deal with consumers.
3. Consumer awareness: A consumer aware of his rights will be in a position to raise his voice against
unfair trade practices.
4. Consumer organizations: These organizations can take necessary steps to eliminate consumer
exploitation and force the business firms to avoid unfair trade practices.
5. Government : Government is always protecting the interest of consumers by implementing rules and
regulations in the form of various laws and Acts. Also it provides a three tier system of District Forum,
State Commission and the National Commission for redressal of consumer grievances.
WAYS AND MEANS OF CONSUMER PROTECTION
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19. 1. District Forum
1. Established by State Govt.
2. In all the Districts
3. Entertain the complaints
where value of goods or
service and compensation
claimed up to 20 lakhs.
4. Appeal to State Commission
within 30 days of order from
District Forum
2. State Commission
1. Established by State
Govt.
2. In all the States
3. Above 20 lakhs but less
than 1 cr.
4. Appeal National
Commission within 30
days of order from State
Commission.
3. National Commission
1. Established by Central
Govt.
2. Only at national level.
3. 1 cr. or more.
4. Appeal to Supreme
Court within 30 days of
order from National
Commission
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THERE IS A THREE-TIER GRIEVANCE REDRESSAL SYSTEM FOR ENFORCEMENT OF THE
RIGHTS OF THE CONSUMERS, THEY ARE:-
20. MEANING OF CONSUMER
A consumer is the one who purchases the product for his/her own need and uses or consumes it.
A consumer cannot resell the good, product or service but can consume it to earn his/her livelihood
and self-employment
WHO CAN FILE A COMPLIANT
Under the Consumer Protection Act, 1986, the following can file a complaint:
i. A consumer.
ii. Any voluntary consumer association registered under the Companies Act, 1956 or any other law for
the time being enforced.
iii. The Central Government.
iv. Any State Government.
v. A legal heir or representative of a deceased consumer.
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21. AGAINST WHOM CAN THE COMPLAINT BE FILED ?
The complaint can be filed against :
(a) The seller, manufacturer or dealer of goods which are defective.
(Defect means any fault, imperfection or shortcoming in quality, Quantity or purity of goods.)
(b) The provider of services if they are deficient in any manner.
(Deficiency means any imperfection, shortcoming or inadequacy in the quality, nature and manner
of performance of services.)
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22. RELIEFS / REMEDIES AVAILABLE TO CONSUMERS
1. To remove the defects in goods or deficiency in service.
2. To replace the defective product with the new one, free from any defect.
3. To refund the price paid for the goods or charges paid for the service.
4. To stop the sale of hazardous goods
5. If the consumer suffers a loss or injury because of the negligence of the opposite party, then he/she
has the relief of getting a reasonable amount of compensation.
6. Discontinuation of unfair or restrictive trade practices and reducing their repetition in the future.
7. to withdraw the hazardous goods from sale
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23. 8. to pay punitive damages in appropriate circumstances.
9. To pay the grieved party with adequate cost.
10. To stop and desist the manufacturers and advertisers from issuing misleading
advertisements.
11. If a contract is unfair, then the District Commission, State Commission, and National
Commission have the power to declare them null and void.
12. To stop the offering of hazardous goods for sale.
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24. ROLE OF CONSUMER ORGANIZATIONS AND NGOS
1. Bringing out brochures, Journals and Monographs (book which is a detailed study of one subject)
2. Accelerating consumer awareness.
3. Collecting data on different products and testing them.
4. Arranging talks, seminars, workshops and conferences for the purpose of focusing the problems of consumers and
finding solutions.
5. Encouraging consumers for boycotting goods which are defective and bad quality.
6. Filing suits on behalf of consumers.
7. Investigating into problems of consumers.
8. Resisting against price rigging (dishonesty), adulteration, black marketing etc.
9. To produce films on food adulteration, misuse of drugs and cosmetics.
10. To educate women regarding consumerism.
11. To help business to standardize their products.
12. Helping schools to start consumer education.
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25. PROMINENT CONSUMER ORGANIZATIONS
IN KERALA
1. Consumer Guidance Centre, Cochin.
2. Kerala State Consumer Guidance Society, Cochin.
3. Kerala Consumer Welfare Association, Cochin.
4. Kerala State Consumer Council, Kannur.
5. Consumer Guidance Society of India, Thrissur.
6. Association for protection of consumers, Thiruvananthapuram.
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