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Social & Legal Issues




Consumer Protection Act 1986
Social & Legal Issues



                     Objectives of the Act
•    Protection of Interest of Consumers
•    Protection of Rights of Consumer:
1.   Right to be protected against marketing of goods and services which are
     hazardous to life and property
2.   Right to be assured of Goods and services at competitive price
3.   Right to be informed about the quality quantity, potency, purity standard and
     Price
4.   Right to be Heard
5.   Right to seek redressal
6.   Right to consumer Education
•    Consumer protection councils
•    Quasi-judicial machinery
Social & Legal Issues


                 Who is a Consumer

• Consumer means any person who:
a) Buys any goods for consideration which has paid, or
   promised or partly paid or partly promised, or under any
   system of deferred payment and includes any user of
   such goods other than the person who buys such goods
   for consideration paid or promised or partly paid or
   partly promised or under any system of deferred payment
   when such use is made with the approval of such
   persons, but does not include a person who obtain such
   goods for resale or any other commercial purpose
Social & Legal Issues


                      Who is a Consumer
                           contd…

b) Hires or avails of any services for a consideration which has been
   paid or promised or partly paid or partly promised, or under
   system of deferred payment and includes any beneficiary of such
   services other than the person who hires or avails of the services
   for consideration paid or promised or partly paid or partly
   promised, or under system of deferred payment when such
   services are availed of with the approval of the first mentioned
   person but does not include a person who avails of such services
   for any commercial purpose.
Social & Legal Issues


                        Goods


• According to the sale of Goods Act- “Goods means
  every kind of movable property other than the
  actionable claims and money; and includes stocks and
  shares, growing crops, grass and things attached to or
  forming part of land which are agreed to be severed
  before sale or under the contract of sale”.
• Flats and housing was included under goods in 1993
Social & Legal Issues


                              Services



•   Services of any description which is available to potential users
    and includes, but not limited to, the provision of facilities in
    connection with banking, financing, insurance, transport,
    processing, supply of electrical or other energy, board or lodging
    or both, housing construction, entertainment, amusement or the
    purveying of news or other information
•   Housing construction is a service
Social & Legal Issues

                         Complainant

•    Acc to the Act, “Complainant means-
a)   A consumer; or
b)    Any voluntary consumer association registered under the
     companies act,1956 or under any other law for the time being
     in force, or
c)   The central government or any state government;
d)   One or more consumers, where there are numerous consumers
     having the same interest
e)   In case of a death of a consumer, his legal heir or
     representative; who or which makes complaint
Social & Legal Issues


                 Complaint

• “Complaint” means any allegation in writing
  made by a complainant with a view to obtain
  any relief under the Act
Social & Legal Issues


              Restrictive Trade Practice
•    According to Act: Restrictive trade practice means a trade
     practice which tends to bring about manipulation of price or
     its conditions of delivery or to affect the flow of supplies in
     the market relating to goods or services in such a manner as
     to impose on the consumers unjustified costs or restrictions
     and shall include:
a)   Delay beyond the period agreed to by a trader in supply of
     such goods or in providing the services which has led or is
     likely to lead to rise in the prices
b)   Any trade practice which requires a consumer to buy, hire or
     avail of any goods or, as the case may be, services as
     condition precedent to buying, hiring or availing of other
     goods or services.”
Social & Legal Issues


              Unfair Trade Practices

• Unfair means and deceptive practices

• Misleading advertisements
• Making of false statements
• Publication of any advertisement for the sale at a
  bargain price that are not intended to be offered for
  sales
• Not providing gifts/prizes after declaration of results
Social & Legal Issues


                       CASE

• Amit bought a television set from an electronic
  store for using it at home. The television was
  defective. Is Amit a consumer?

• Sumit, on a holiday with his family, hired a
  taxi service. The taxi was in poor condition, the
  driver did not have adequate rest and drove
  rashly. The taxi broke down on two occasions
  and eventually all of them in the middle of the
  hills. They could not reach in time to catch
  their flight. Is Sumit a consumer?
Social & Legal Issues


                       Case


• Amit bought a pressure cooker for use by his
  family. In the first use itself, while his wife
  Simi was using it, the pressure cooker burst,
  hurting her. Is Amit a consumer? Is Simi a
  consumer?
• Amit bought a pressure cooker for use by his
  family. He paid only 30% of the price while
  remaining was to be paid a week later. The
  cooker was defective. It burst in the second use.
  Is Amit a consumer?
Social & Legal Issues


                          Case

• Sujit bought a pressure cooker for domestic use. The
  money for it was to be paid next week. It burst in the
  second use? Is Sujit a consumer?
• Suman bought a cell phone for personal use .The
  payment of the phone was to start the following month.
  The payment was to be one in six monthly installments.
  The phone was defective. Is Suman a consumer?
Social & Legal Issues


                      Cases

• A manufacturer of pens was distributing his
  pens free to the visitors to an exhibition. The
  pens were defective and leaking. The pens spoilt
  the clothes of several persons. Sunita is one of
  the persons who has spoilt her clothes. Is she a
  consumer?
Social & Legal Issues



                 Complainant
A complainant means
• Any consumer
• Any voluntary consumer association
• Central or the state govt.
• One or more consumers ,where there are numerous
  consumers having same interest
Social & Legal Issues


       Consumer Dispute Redressal Agencies

Point of         District Forum State             National
Distinction                     Commission        Commission


Territorial      1 or more        One or more     All India
Jurisdiction     districts        state

Qualification of Serving,         Serving, or     Serving, or
President        Retired or       Retired Judge   Retired Judge
                 qualified        of high court   of supreme
                 district judge                   court
Social & Legal Issues



                                                      Contd….
Composition      President and     President and   President and
                 two members-1     min. 2 members- min. 4 members-
                 woman             1 woman         1 woman


Qualification    Age -             Same as District   Same as District
                 35,graduate, 10   Forum              Forum
                 yrs ex. in
                 eco,law,a/c,e-
                 commerce
Re-appointment   Yes               Yes                Yes
Social & Legal Issues



                                                    Contd…
Monetary       Upto 20 lakhs    20 lakhs-1       More than one
Jurisdiction                    crore            crore


Administra-tive State           National
Control         commission      commission


Penalties      Imprisonment for not less than 1 mth but can
               extend to 3 yrs. Fine not less than 2000.


Frivolous      Dismiss the complaints and costs upto Rs 10000/-
complaint
Social & Legal Issues


                   Procedure for making a Complaint

•    A complainant can make a complaint before the appropriate consumer
    dispute redressal agency.
•   The complaint relating to any goods and services is given to the opposite
    party within 21 days .
•   The opposite party is allowed to put forth his version within 30 days.
•   In case of defect in goods, a sample of the goods is sent to the lab for a
    report within 45 days.
•   The report is given to the opposite party.
•   A complaint shall be decided within 3 months if no lab test is required and
    within 5 months if the lab test is required.
Social & Legal Issues


                               Findings
•     The following orders can be made by the consumer dispute
      redressal agency:
1.    To remove the defect
2.    To replace the goods
3.    To return to the complainant the price
4.    To pay compensation
5.    To remove the defects in goods or deficiencies in services.
6.    To discontinue the unfair trade practice
7.    Not to offer hazardous goods
8.    To cease manufacture of hazardous goods.
9.    To issue corrective advertisement
10.   To provide for adequate cost
Social & Legal Issues

                      Cases


Consumer and Commercial Use
• Synco Textiles private limited vs Greaves Cotton
Interpretation of Livelihood
• Western India State Motors v.Sobhag Mal Meena
Privity of Contract
• R.Balraj v Grindlays Bank and State Bank of
  India

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Consumer protection Act

  • 1. Social & Legal Issues Consumer Protection Act 1986
  • 2. Social & Legal Issues Objectives of the Act • Protection of Interest of Consumers • Protection of Rights of Consumer: 1. Right to be protected against marketing of goods and services which are hazardous to life and property 2. Right to be assured of Goods and services at competitive price 3. Right to be informed about the quality quantity, potency, purity standard and Price 4. Right to be Heard 5. Right to seek redressal 6. Right to consumer Education • Consumer protection councils • Quasi-judicial machinery
  • 3. Social & Legal Issues Who is a Consumer • Consumer means any person who: a) Buys any goods for consideration which has paid, or promised or partly paid or partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such persons, but does not include a person who obtain such goods for resale or any other commercial purpose
  • 4. Social & Legal Issues Who is a Consumer contd… b) Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised, or under system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid or partly promised, or under system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose.
  • 5. Social & Legal Issues Goods • According to the sale of Goods Act- “Goods means every kind of movable property other than the actionable claims and money; and includes stocks and shares, growing crops, grass and things attached to or forming part of land which are agreed to be severed before sale or under the contract of sale”. • Flats and housing was included under goods in 1993
  • 6. Social & Legal Issues Services • Services of any description which is available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information • Housing construction is a service
  • 7. Social & Legal Issues Complainant • Acc to the Act, “Complainant means- a) A consumer; or b) Any voluntary consumer association registered under the companies act,1956 or under any other law for the time being in force, or c) The central government or any state government; d) One or more consumers, where there are numerous consumers having the same interest e) In case of a death of a consumer, his legal heir or representative; who or which makes complaint
  • 8. Social & Legal Issues Complaint • “Complaint” means any allegation in writing made by a complainant with a view to obtain any relief under the Act
  • 9. Social & Legal Issues Restrictive Trade Practice • According to Act: Restrictive trade practice means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect the flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include: a) Delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the prices b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services.”
  • 10. Social & Legal Issues Unfair Trade Practices • Unfair means and deceptive practices • Misleading advertisements • Making of false statements • Publication of any advertisement for the sale at a bargain price that are not intended to be offered for sales • Not providing gifts/prizes after declaration of results
  • 11. Social & Legal Issues CASE • Amit bought a television set from an electronic store for using it at home. The television was defective. Is Amit a consumer? • Sumit, on a holiday with his family, hired a taxi service. The taxi was in poor condition, the driver did not have adequate rest and drove rashly. The taxi broke down on two occasions and eventually all of them in the middle of the hills. They could not reach in time to catch their flight. Is Sumit a consumer?
  • 12. Social & Legal Issues Case • Amit bought a pressure cooker for use by his family. In the first use itself, while his wife Simi was using it, the pressure cooker burst, hurting her. Is Amit a consumer? Is Simi a consumer? • Amit bought a pressure cooker for use by his family. He paid only 30% of the price while remaining was to be paid a week later. The cooker was defective. It burst in the second use. Is Amit a consumer?
  • 13. Social & Legal Issues Case • Sujit bought a pressure cooker for domestic use. The money for it was to be paid next week. It burst in the second use? Is Sujit a consumer? • Suman bought a cell phone for personal use .The payment of the phone was to start the following month. The payment was to be one in six monthly installments. The phone was defective. Is Suman a consumer?
  • 14. Social & Legal Issues Cases • A manufacturer of pens was distributing his pens free to the visitors to an exhibition. The pens were defective and leaking. The pens spoilt the clothes of several persons. Sunita is one of the persons who has spoilt her clothes. Is she a consumer?
  • 15. Social & Legal Issues Complainant A complainant means • Any consumer • Any voluntary consumer association • Central or the state govt. • One or more consumers ,where there are numerous consumers having same interest
  • 16. Social & Legal Issues Consumer Dispute Redressal Agencies Point of District Forum State National Distinction Commission Commission Territorial 1 or more One or more All India Jurisdiction districts state Qualification of Serving, Serving, or Serving, or President Retired or Retired Judge Retired Judge qualified of high court of supreme district judge court
  • 17. Social & Legal Issues Contd…. Composition President and President and President and two members-1 min. 2 members- min. 4 members- woman 1 woman 1 woman Qualification Age - Same as District Same as District 35,graduate, 10 Forum Forum yrs ex. in eco,law,a/c,e- commerce Re-appointment Yes Yes Yes
  • 18. Social & Legal Issues Contd… Monetary Upto 20 lakhs 20 lakhs-1 More than one Jurisdiction crore crore Administra-tive State National Control commission commission Penalties Imprisonment for not less than 1 mth but can extend to 3 yrs. Fine not less than 2000. Frivolous Dismiss the complaints and costs upto Rs 10000/- complaint
  • 19. Social & Legal Issues Procedure for making a Complaint • A complainant can make a complaint before the appropriate consumer dispute redressal agency. • The complaint relating to any goods and services is given to the opposite party within 21 days . • The opposite party is allowed to put forth his version within 30 days. • In case of defect in goods, a sample of the goods is sent to the lab for a report within 45 days. • The report is given to the opposite party. • A complaint shall be decided within 3 months if no lab test is required and within 5 months if the lab test is required.
  • 20. Social & Legal Issues Findings • The following orders can be made by the consumer dispute redressal agency: 1. To remove the defect 2. To replace the goods 3. To return to the complainant the price 4. To pay compensation 5. To remove the defects in goods or deficiencies in services. 6. To discontinue the unfair trade practice 7. Not to offer hazardous goods 8. To cease manufacture of hazardous goods. 9. To issue corrective advertisement 10. To provide for adequate cost
  • 21. Social & Legal Issues Cases Consumer and Commercial Use • Synco Textiles private limited vs Greaves Cotton Interpretation of Livelihood • Western India State Motors v.Sobhag Mal Meena Privity of Contract • R.Balraj v Grindlays Bank and State Bank of India