3. WHAT IS A CONSUMER?
• Consumer refers to any individuals or households that use
goods and services generated within the economy.
• Consumer is defined as someone who acquires goods or
services for direct use or ownership rather than for resale
or use in production and manufacturing.
For example,
A kid who buys a toy is a consumer. They are making a
purchase for their own personal enjoyment and use, rather
than for resale or for commercial purposes. This example
demonstrates how even children can be consumers, as they
often buy products for their own benefit.
4. CONCEPT OFCONSUMER
PROTECTION
• Consumer protection means safeguarding the interest and
rights of consumers. In other words, it refers to the measures
adopted for the protection of consumers from unscrupulous
and unethical malpractices by the business and to provide them
speedy redressal of their grievances.
5. CONSUMER PROTECTION ACT
• The Consumer Protection Act, 1986 was enacted for better
protection of the interests of consumers.
• Consumer Protection Act imposes strict liability on a
manufacturer, in case of supply of defective goods by him, and
a service provider, in case of deficiency in rendering of its
services.
• The act was passed in Lok Sabha on 5th December, 1986, and
it came into force from 1 July 1987.
6. OBJECTIVES OFTHE ACT
• To protect the consumer from abuse.
• To provide a venue for grievance/redress.
• To provide rights to consumers.
• To safeguard the rights of Consumers.
7. SCOPE OFCONSUMER
PROTECTIONACT
• The act is applicable to all goods and services and all classes of
consumers in India.
• Establishes consumer forums at the district, state, and national
level to hear complaints and award compensation.
• Applies to all traders, manufacturers, and service providers.
• Promotes and protects the rights of consumers and encourages
consumer awareness.
8.
9. CONSUMER RIGHTS EXPLAINED
• Right to Safety: The right to be protected against goods and services
that are hazardous or dangerous to life and property. This includes
protection from products that can cause physical harm or injury, such
as faulty electrical appliances or toxic chemicals. For example, a
consumer has the right to expect that the food they purchase is safe to
eat and does not contain any harmful substances.
• Right to Information: Consumers have the right to be informed about
the quality, quantity, purity, and price of goods or services, so as to
protect the consumer against unfair trade practices.
• Right to Choose: Consumers have the right to choose from a variety
of goods and services at competitive prices, free from the influence
of unfair trade practices. This includes the right to receive accurate
information about products and services, and to compare prices and
quality.
10. CONTD.
• Right to be Heard: Consumers have the right to be heard and to seek
redressal against grievances. For example, a consumer has the right to tell
a business if they are not satisfied with a product or service and to expect
that the business will take their complaint seriously and take appropriate
action.
• Right to Seek Redressal: Consumers have the right to seek redressal
against unfair trade practices or grievances through consumer forums,
which provide an inexpensive and quick resolution to consumer disputes.
• Right to Consumer Education: Consumers have the right to acquire
knowledge and skills to make informed choices about goods and services.
For example, a consumer has the right to attend workshops or classes that
teach them how to make informed purchasing decisions and how to
address consumer complaints effectively.
11. Three tier consumer grievances
machinery under the Consumer
Protection Act, 1986 and their
Jurisdiction.
• District Forum
• State Forum
• National Forum
12. DISRICT FORUM
• Three member body: President and two other members, one
of whom must be a woman.
• President can be a retired or working judge of District Court.
• It has jurisdiction for complaints where value of goods or
services is up to 20 lakh INR.
• If aggrieved party is not satisfied, they can file an appeal in
State Commission within 30 days by depositing 25000 or
50% of penalty amount (whichever is less).
13. STATE FORUM
• Three member body: President and two other members, one of
whom must be a woman.
• President must be a retired or working judge of High Court.
• It has jurisdiction for complaints where value of goods or
services is more than 20 lakh INR but less than 1 crore INR.
• Upset party can file an appeal in National Commission within
30 days by depositing Rs. 3500 or 50% of penalty amount
(whichever is less).
14. NATIONAL FORUM
• Five-member body: President and four members, one of
whom must be a woman.
• The commission is headed by a sitting or retired judge of the
Supreme Court of India.
• It has jurisdiction to hear complaints where the value of goods
or services is 1 crore INR or more.
• If the aggrieved party is not satisfied with the judgment, they
can file a complaint in the Supreme Court within 30 days.
15. 1. Determine eligibility: Check if you are eligible to file a
complaint under the Consumer Protection Act.
2. Collect evidence: Gather all relevant documents and
evidence to support your claim.
3. Choose the appropriate forum: Decide which forum to file a
complaint in based on the value of the goods or services
involved.
4. Prepare the complaint: Draft a written complaint that clearly
states your grievance and the relief you are seeking.
5. File the complaint: Submit the complaint, along with any
required fees and evidence, to the appropriate forum.
HOWTO FILE A
COMPLAINT?
16. 1. The name, address, and contact information of the
complainant and the defendant.
2. The information about the goods or services in question, the
date of purchase or delivery, and details of the deficiency or
defect in the goods or services that led to the complaint,
including any loss or injury suffered.
3. The relief sought by the complainant, such as compensation,
replacement, repair, or refund, and any supporting documents
they may have in support of the allegations, such as receipts,
warranties, contracts, and photographs.
4. Signature of the complainant or their authorized
representative.
CONTENTS OF A
COMPLAINT
17. SOME RELIEFS OR REMEDIESTO
CONSUMER
• Removal of defects from the goods.
• Replacement of the goods.
• Refund of price paid.
• Compensation of loss or injury suffered.
• Removal of deficiency in service.
• Stopping the sale of hazardous goods.