This document provides an overview of the Consumer Protection Act in India. It discusses the need for consumer protection laws to protect citizens' rights when purchasing goods and services. The key points covered include:
- The Consumer Protection Act was enacted in 1986 and revised in 2019 to provide simpler resolution for consumer grievances and protect consumers' interests.
- The Act gives consumers six main rights - the right to safety, being informed, choose, be heard, seek redressal, and consumer education.
- The 2019 revision expanded the scope of the law to regulate e-commerce and direct selling and introduced provisions for mediation, a central regulatory authority, and stricter penalties for violations.
- The changes strengthened
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Business Law unit- 4 - Consumer Protection Act
The Consumer Protection Act, 1986, Definition of Unfair Trade practices, Restrictive Trade Practices, Consumer Dispute, Rights of Consumers, Consumer Protection Councils.
PPT in Company competition in India.
6th semester B.com program,
Shaheed Bhagat singh College (University of Delhi)
It is totally in Indian ACT" company's.
Business Law unit- 4 - Consumer Protection Act
The Consumer Protection Act, 1986, Definition of Unfair Trade practices, Restrictive Trade Practices, Consumer Dispute, Rights of Consumers, Consumer Protection Councils.
The Consumer Protection Act 1986 was enacted by the Indian Parliament to safeguard the interests of consumers (COPRA). The Consumer Protection Act of 2019 overcomes the Consumer Protection Act of 1986. The Assembly approved the Act in October 1986, and it went into force on December 24. The relevant statute was enacted prior to the COPRA act. In order to address consumer complaints and related difficulties, it was formed to create consumer research, councils, and other organizations.
The Consumer Protection Act 1986 was enacted by the Indian Parliament to safeguard the interests of consumers (COPRA). The Consumer Protection Act of 2019 overcomes the Consumer Protection Act of 1986. The Assembly approved the Act in October 1986, and it went into force on December 24. The relevant statute was enacted prior to the COPRA act. In order to address consumer complaints and related difficulties, it was formed to create consumer research, councils, and other organizations.
Need for consumer protection act in an era of free competition where consumer...amit maity
Derived from two Greek words:“Monos” means single
“Poly” means seller
Monopoly is a term used by economists to refer to the situation in which there is a single seller of a product (i.e., a good or service) for which there are no close substitutes.
Monopolies exist because of barriers to entry into the market that prevents competition.
In business, consumers occupy a very important place. The producers produce goods on the basis of tastes, likings, preferences etc. of the consumers. Consumer is the central point around which business activities revolves. In Spite of great importance of consumers they may be the victims of immoral businessmen. An important aspect is that there is lack of knowledge on the part of consumers and they are not organized as opposed to the sellers who are well informed and organized. To protect the consumers from unscrupulous businessmen and to provide easy remedy for their complaints, the Consumer Protection Act was passed in the year 1986. The Act extends to the whole of India except the State of Jammu and Kashmir. After completion of this unit you will be able to understand some important definitions under this Act as well as the various provisions under which consumers are given wide legal power to resolve their complaints. We will also discuss the various consumer forums created under this Act as redressal agencies for consumer grievances along with the procedure of filing a complaint in consumer forums, consumer protection councils, penalties for not complying with the orders of forums etc.
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Consumerism,Consumer Rights & Consumer Protection Act 1986Venkat. P
Roots of Consumerism – Consumer Safety and Information – Environmental Concerns – Consumer Privacy – Consumer Protection Act 1986; Central and State Consumer Protection Councils, Consumer Disputes Redressal Agencies and Forum, National Consumer Disputes Redressal Commission
The Consumer Protection Act, 1986, is one of the significant socio-economic legislation
which has been enacted for protecting the interests of the consumers in India. This
is preventive and compensative in nature. The Act is intended to provide simple, speedy
and inexpensive redressal to the consumers’ grievances, and relief of a specific nature
and award of compensation. Consumerism is fast emerging as an environmental force
affecting important business decisions as consumers become more aware about their
rights. Although comprehensive statutory measures have been provided in India for
curbing unfair business practices, for protecting consumer interest, and for promoting
consumerism; companies have yet to do a lot. This paper is a study on role of Consumer
Protection Act in banking sector and researchers tried to explain that how it affects
the major decisions of the firm.
A study of consumer protection act, 1986 in Banking SectorTapasya123
The Consumer Protection Act, 1986, is one of the significant socio-economic legislation
which has been enacted for protecting the interests of the consumers in India. This
is preventive and compensative in nature. The Act is intended to provide simple, speedy
and inexpensive redressal to the consumers’ grievances, and relief of a specific nature
and award of compensation. Consumerism is fast emerging as an environmental force
affecting important business decisions as consumers become more aware about their
rights. Although comprehensive statutory measures have been provided in India for
curbing unfair business practices, for protecting consumer interest, and for promoting
consumerism; companies have yet to do a lot. This paper is a study on role of Consumer
Protection Act in banking sector and researchers tried to explain that how it affects
the major decisions of the firm.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. INTRODUCTION
Every human being buy a variety of goods and
services in their day-to-day life. Whatever they
buy have to pay for it and derive satisfaction
from its consumption and use. But sometimes
they do not feel satisfied with the product they
buy. This may be on account of poor quality of
the product, overcharging by the shopkeeper,
lower quantity of contents, misleading
advertisements and so on.
3. PROTECTION LAW
The consumer protection act was enacted to provide a simpler and
quicker read wrestle to consumer grievances. The act seeks to
promote and protect the interest of consumers against deficiency
and defects in goods and services
Consumer is a person who consumes or uses any
goods or services
CONSUMER
CONSUMER & ACT
OBJECTIVE
The consumer protection act provides consumer rights to prevent consumers from fraud
or specified unfair practises it safeguards and encourages and gives an opportunity to
consumers to speak against insufficiency and flaws in goods and services
4. Consumer Satisfaction
NEED FOR CONSUMER PROTECTION
Social Responsibility Survival and Growth Business
Principle of Social Justice
Increasing Awareness
5. CONSUMER PROTECTION ACT - 1986
RIGHT
TO
SAFETY
RIGHT
TO BE
INFORMED
RIGHT
TO
CHOOSE
RIGHT
TO BE
HEARD
RIGHT
TO SEEK
REDRESSAL
RIGHT TO
CONSUMER
EDUCATION
1 2 3
4 5 6
7. RIGHT TO BE
INFORMED
Consumer must have complete
information of the product which he
intents to buy, including its
ingredients, manufacturing &
expiry date, price, quality &
quantity, direction of use,etc
Eg. Nutritional Information.
02.
8. RIGHT TO
CHOOSE
Freedom to choose from a
variety of products at
competitive Prices.
Eg. Choosing your drinks from
shop.
03.
9. RIGHT TO BE
HEARD
Right to file a complaint and to
be heard in case of
dissatisfaction with any goods
or services.
Eg. 1. Grievance cells.
2. Customer Service.
04.
10. RIGHT TO SEEK
REDRESSAL
To get relief incase the product or services fails
to its expectation.
This right affords compensation to the
consumer against unethical trade practices.
05.
11. RIGHT TO
CONSUMER
EDUCATION
Right to acquire knowledge and to be well
informed & educated consumer
throughout life.
Eg. www.consumerhelpline.gov.in
(National Consumer Helpline - NCH)
06.
12. Why there was need to revise 1986 Act ?
● On July 20th, 2020, the new Consumer Protection Act, 2019 came into force in India,
replacing the previous enactment of 1986. The new Act overhauls the administration
and settlement of consumer disputes in India. It provides for strict penalties, including
jail terms for adulteration and for misleading advertisements.
● The first consumer protection legislation Consumer Protection Act, 1986 ('old act') was
introduced with the primary objective of protecting consumer rights. However, with the advent
of technology and the introduction of e-commerce and various other mechanisms of conducting
business, an overhaul of the existing legislation seemed necessary and prudent in order to
better protect modern-day consumers.
13. Consumer Protection Act 2019
● Consumer Protection Councils
● Central Consumer Protection Authority
● Simplified Dispute Resolution Process
● Mediation
● Product Liability
● Rules on e commerce and direct selling
● Penalty for adulteration of products/spurious goods
14. Key Changes
Provision Consumer Protection Act 1986 Consumer Protection Act 2019
Regulator Non Central Regulator Central Consumer Protection Authority to be setup
Filing of complaint A complaint needs to be filed in the
consumer court under whom jurisdiction
of the seller falls under
A complaint can be filed from anywhere or from whom
where the consumer resides
Mediation No Provision Court can work towards settlement through mediation cells
Jurisdiction The jurisdiction at district level was
complaints worth of Rs 20 lakhs
District level authorities can take up complaints with goods
and services worth up to Rs 1. crore
Product Liability No Provision Consumers have the right to seek compensation for any
harm caused.
E- Commerce No Provision E-Commerce transactions will come under the provisions
involving direct sales
Video conferencing No Provision Consumer can seek hearing through VC
15. When goods are bought for commercial purposes and such purchase satisfy the following
criteria :
- the goods are used by the buyer himself;
- exclusively for the purpose of earning his livelihood;
- by means of self-employment,
then such use would not be termed as use for commercial purposes under the Act, and the
user is recognised as a consumer.
Examples :
1. A buys a truck for plying it as a public carrier by himself, A is a consumer.
2. A buys a truck and hires a driver to ply it, A is not a consumer.
The intention of the legislature is to exclude big business houses carrying on business
with profit motive from the purview of the Act. At the same time it is pertinent to save the
interests of small consumers who buy goods for self employment to earn their livelihood,
like a rickshaw puller buying rickshaw for self employment, or a farmer purchasing
fertilizer for his crops, or a taxi driver buying a car to run it as a taxi, etc.
PERSON BUYING GOODS FOR SELF EMPLOYMENT IS A CONSUMER
16. Contract for Service Vs Contract of Service
Description Contract for Service Contract of Service
Meaning An agreement whereby a person is
engaged as an independent contractor,
such as a self-employed person, vendor
or freelancer carrying out an assignment
or a project for his establishment.
An agreement whereby a person
agrees to employ another as an
employee and the employee agrees to
serve his employer as an employee.
Parties Company and third Party e.g. Third party
payroll
Company and employee e.g. on company
payroll
Relationship of the parties Independent contract/ consultancy Employer-Employee
Control over the work The third party is not bound to obey the
instructions of the company
The employee is bound to obey the
instructions of the employer
Ownership of all the rights
arising from the work
created out of contract
The company gets ownership after paying for
the services to the third party
The company is by default the owner of the
work done by the employee, except in
cases of inventions
17. ● Within two years of purchasing the product or services, the complaint should be
filled.
● In the complaint, the customer should mention the details of the problem. This
can be an exchange or replacement of the product, compensation for mental or
physical torture. However the declaration needs to be reasonable.
● All the relevant receipts, bills should be kept and attached to the complaint
letter.
● A written complaint should be then sent to the customer forum via online,
email, registered post, fax or hand delivered. Acknowledgement is important and
should not be forgotten to receive.
● The complaint can be in any preferred language.
● The hiring of a lawyer is not required.
● All the documents sent and received should be kept.
How to File a COMPLAINT?
18. Conclusion
● The Consumer Protection Act, 2019 when compared with the 1986 Act
shows that it provides for greater protection of consumer interests taking
into consideration the current age of digitization.
● The 2019 Act also deals with the technological advancements in the
industry, provides for easier filing of complaints and also imposes strict
liability on businesses including endorsers for violating the interest of the
consumers.
Editor's Notes
https://www.lexology.com/library/detail.aspx?g=4c180f5c-b6d6-417a-ab22-6275d0d5c0f9#:~:text=On%20July%2020th%2C%202020,adulteration%20and%20for%20misleading%20advertisements.Over the past 20 years, the consumer landscape in India has seen a paradigm starting with the economy opening up in the early 1990s to the advent of online marketplaces and e-commerce. The affordability and propensity to spend of the average Indian consumer as well have gone up. Therefore, the Consumer Protection Act, 2019 ('the Act') has been passed which is an attempt to update the old act by replicating the same. The majority of the provisions of the Act have been notified vide notification1 dated 15th July 2020 and has been brought into effect from 20th July 2020. Some of the main features of the Act are:-
Consumer Protection Act, 2019 is a law to protect the interests of the consumers. This act was inevitable to resolve a large number of pending consumer complaints in consumer courts across the country. It has ways and means to solve the consumer grievances speedily.
The Act is a welcome move as it seems to cover the lacunae of the old Act and it is being introduced during a crucial phase wherein consumers and their rights need to be protected as the global markets are becoming more and more consumer-centric. The Act vests more power on the District Commission, State Commission while also revising their respective pecuniary jurisdictions thereby reducing the workload of the National Commission. With the implementation of the provisions of the Act, the popular phrase 'buyer beware' might be replaced to 'seller beware' or 'manufacturer beware' in case they are found in contravention of the Act considering the protection that is being offered to the consumers