As consumer we are
concerned with money
What lead to consumer protection ???
Why do we need consumer
protection???
WHY DO WE NEED
CONSUMER
PROTECTION ???
Because consumers
are exploited …
As consumers we feel cheated or are
taken for granted. False or misleading
advertisements, bargaining efforts, and
gifts, non-compliance, etc. ultimately make
us victims as of seller’s market.
As consumers we feel cheated or are
taken for granted. False or misleading
advertisements, bargaining efforts, and
gifts, non-compliance, etc. ultimately make
us victims as of seller’s market.
What is Consumer exploitation ?
Factors leading to consumer exploitation ?
https://www.youtube.com/watch?
v=7asg2nTRVKY
Factors Leading To
Consumer Exploitation
Deceptive and misleading techniques
False warranties or guarantees
Non Availability of goods
Adulteration
Hoarding
Black marketing
5
The situation is changing
now
In many ways Consumers are getting
aware of the need to get proper value
of their money.
All over the World there has been
growing movements for protection of
consumer interests.
The governments are also responding
positively.
Brief history about consumer rights
• Before the 1960’s, consumer rights were
practically nonexistent.
• In 1962, President Kennedy spoke to the U.S.
Congress about the need for a new consumer
movement, a call to action that resulted in the
Consumer Bill of Rights.
Current Minister
of Consumer Affairs, Food and Public
Distribution of India
RAM VILAS PASWAN
Topics to be covered
Consumer definition
Consumer protection act 1986
Redressal commission
District forum, State and national
commission
Lodging a complaint
Remedies and consumer awareness
Who can file and how to file a
complaint
9
INTRODUCTION TO CONSUMER
RIGHTS
United nations passed a resolution of
consumer protection in April 1985
In 1986, the consumer protection act was
enacted in India
It extends to the whole of India except the
State of Jammu and Kashmir.
This Act is applied to all goods and services.
Aimed at providing simple, quick, and cheaper
protection of consumers interest
1. Better protection of interests of consumers.1. Better protection of interests of consumers.
2. Protection of the rights of the consumers:2. Protection of the rights of the consumers:
(a) The right to be protected against marketing of(a) The right to be protected against marketing of
goods which are hazardous to life and property;goods which are hazardous to life and property;
(b) the right to be informed about the quality,(b) the right to be informed about the quality,
quantity, potency, purity, standard and price ofquantity, potency, purity, standard and price of
goods to protect the consumer against unfair tradegoods to protect the consumer against unfair trade
practices;practices;
OBJECTIVES OF THE ACTOBJECTIVES OF THE ACT
(c)(c) The right to be assured, wherever possible, access toThe right to be assured, wherever possible, access to
an authority of goods at competitive pricesan authority of goods at competitive prices
(d) The right to be heard and to be assured that(d) The right to be heard and to be assured that
consumers interests will receive due consideration atconsumers interests will receive due consideration at
appropriate forums;appropriate forums;
(e) The right to seek redressal against unfair trade(e) The right to seek redressal against unfair trade
practices or unscrupulous exploitation ofpractices or unscrupulous exploitation of
consumers; andconsumers; and
(f) Right to consumer education.(f) Right to consumer education.
CONT.
3. Protection by the Consumer Protection Council.3. Protection by the Consumer Protection Council.
4. Quasi-judicial machinery for speedy redressal of4. Quasi-judicial machinery for speedy redressal of
consumer disputes.consumer disputes.
CONT.
Scope of the Act
• Applicable to the entire country except the state
of Jammu and Kashmir
• Applicable to all type of goods and services,
public utilities & public sector undertakings
• All types of complains related to goods ,unfair
trade practices
• Remedies under this act is same as those in
other laws.
• A suit pending in civil court cannot be heard in
consumer court.
Cont.
• Consumer forums have the power to adjudicate
disputes, but they do not have trappings of a
court
• The consumer court powers are limited
Salient features of the act
Provisions of the act are compensatoryProvisions of the act are compensatory
in nature.in nature.
It empowers consumers seekingIt empowers consumers seeking
discontinuance of trader’sdiscontinuance of trader’s
malpractices, defective goods,malpractices, defective goods,
services deficiencies or withdrawal ofservices deficiencies or withdrawal of
hazardous goods from the market.hazardous goods from the market.
16
Consumer is person who Buy any good
Hairs or avails of any services on payment,
either in full or in installment or under hire-
purchase system
Any person who uses good or is benefitted from
services, without making any payment
BUT does not include a person who obtains such goods forBUT does not include a person who obtains such goods for
resale or for any commercial purposeresale or for any commercial purpose
Consumer is person who Buy any good
Hairs or avails of any services on payment,
either in full or in installment or under hire-
purchase system
Any person who uses good or is benefitted from
services, without making any payment
BUT does not include a person who obtains such goods forBUT does not include a person who obtains such goods for
resale or for any commercial purposeresale or for any commercial purpose
???
DefinitionsDefinitionsDefinitionsDefinitions
What is service?
The “service”, in the Act, means
service of any description which is
made available to its potential users
and includes provision of facilities and
connection.
Who is a trader?Who is a trader?
Any person who sells or distributes
any good for sale or a
manufacturer of such goods or in
case of good sold in package form,
the packer is trader.
Any person who sells or distributes
any good for sale or a
manufacturer of such goods or in
case of good sold in package form,
the packer is trader.
Who is a manufacturer?
‘Manufacturer’ means a person who makes
or manufactures goods or parts thereof.
Even if he only assembles parts thereof
made or manufactured by others and
claims the end product to be goods
manufactured by himself, he is a
manufacturer.
However, a branch office shall not be a
manufacturer even though it assembled
part of goods dispatched to it by the
manufacturer’s head office.
‘Manufacturer’ means a person who makes
or manufactures goods or parts thereof.
Even if he only assembles parts thereof
made or manufactured by others and
claims the end product to be goods
manufactured by himself, he is a
manufacturer.
However, a branch office shall not be a
manufacturer even though it assembled
part of goods dispatched to it by the
manufacturer’s head office.
21
22
23
https://www.youtube.com/watch?v=tdSuftv6Y5s
( consumer responsibility )
 What do you mean by consumer Redressal ?
 What do you mean by right to informed ?
24
 The Central Council is headed by Minister, In-The Central Council is headed by Minister, In-
charge of the Department of Consumer Affairs incharge of the Department of Consumer Affairs in
the Central Government and the State Councilsthe Central Government and the State Councils
by the Minister In-charge of the Consumer Affairsby the Minister In-charge of the Consumer Affairs
in the State Governmentsin the State Governments
 At present, there are 629 District Forums and 35At present, there are 629 District Forums and 35
State Commissions with the National ConsumerState Commissions with the National Consumer
Disputes Redressal Commission (NCDRC) at theDisputes Redressal Commission (NCDRC) at the
apexapex
 The act envisages a three –tier quasi judicialThe act envisages a three –tier quasi judicial
machinery at the national state and district level.machinery at the national state and district level.
Redressal mechanismRedressal mechanism
District forumDistrict forum
 The district forum is set up by the stateThe district forum is set up by the state
government in each district of a state.government in each district of a state.
 The person heading a district forum must beThe person heading a district forum must be
qualified to be a district judge with 2 otherqualified to be a district judge with 2 other
members with eminence in that field ofmembers with eminence in that field of
education one of whom shall be a woman.education one of whom shall be a woman.
 The district forum has the jurisdiction toThe district forum has the jurisdiction to
entertain complaints concerning goods,entertain complaints concerning goods,
services and compensation claimed below 20services and compensation claimed below 20
lakhs.lakhs.
 No case exceeding 20 lakhs can be dealt by theNo case exceeding 20 lakhs can be dealt by the
district forum.district forum.
State commissionState commission
 The state commission is set up by theThe state commission is set up by the
state government in each state andstate government in each state and
headed by a sitting or a retired judge of aheaded by a sitting or a retired judge of a
high court, with again 2 members onehigh court, with again 2 members one
being a woman, unlike the districtbeing a woman, unlike the district
forum.forum.
 The state commission can handleThe state commission can handle
complaints whose value exceeds 20 lakhscomplaints whose value exceeds 20 lakhs
but is below 1 crore, moreover casesbut is below 1 crore, moreover cases
from the district forum can be taken tofrom the district forum can be taken to
the state commission if they haven’tthe state commission if they haven’t
been settled at first attempt.been settled at first attempt.
National commissionNational commission
 The national commission in its own right isThe national commission in its own right is
set up by the central government andset up by the central government and
headed by a sitting or a retired judge of aheaded by a sitting or a retired judge of a
supreme court along with 4 other memberssupreme court along with 4 other members
one being a woman.one being a woman.
 This court is eligible to handle complaintsThis court is eligible to handle complaints
of value in excess of 1 crore and also hearsof value in excess of 1 crore and also hears
appeals in orders against the stateappeals in orders against the state
commissioncommission..
• The consumer to whom the goods are sold or
delivered, or agreed to be sold or delivered , or the
service has been provided, or agreed to be
provided’
• Any recognized consumer association, regardless
of whether the consumer is a member of such an
association or not.
• The state or central govt. either its individual
capacity or as a representative of the interest of
the consumer in general
• [Section 2(1)(c)] states that
• A complaint must contain any of
the following allegations:
• (a) An unfair trade practice or a
restrictive trade practice has
been adopted by any trader;
• (b) The goods bought by him or
agreed to be bought by him suffer
from one or more defects;
• (c) The services hired or availed of
or agreed to be hired or availed of
by him suffer from deficiency in
WHAT A COMPLAINT MUST CONTAIN?
• [Section 2(1)(c)]
states that Complaint is a
statement made in writing to the
National Commission, the State
Commission or the District Forum
by a person competent to file it,
containing the allegations in
detail, and with a view to obtain
relief provided under the Act.
WHAT CONSTITUTES A
COMPLAINT?
An aggrieved consumer seeks
redressal under the Act through the
instrumentality of complaint. It does
not mean that the consumer can
complain against his each and every
problem. The Act has provided
certain grounds on which complaint
can be made.
 A trader has charged for the goods
mentioned in the complaint a price
in excess of the price fixed by or
under any law for the time being in
force or displayed on the goods or
any package containing such goods.
WHAT CAN BE
COMPLAINED?
Goods which will be hazardous to life
and safety when used, are being offered
for sale to the public in contravention of
the provisions of any law for the time
being, requiring traders to display
information in regard to the contents,
manner and effect of use of such goods.
CONT.….
34
 A complaint may be made w.r.t. to goods or
services.
 Categorization is done (goods or services).
 Whether laboratory-test is required or not.
 Whether laboratory test is not required or
complaint relates to services.
35
 When a lab-test is required –
 Copies of complaint including supporting
documents and compensation demanded must
be submitted.
 After such complaint receipt, District Forum
refers to opposite party to put in front their point.
 Time limit of 30 days (can be extended to 45
days) is given to put their perspective.
On plain paper, contents of a complaint:-
• The name, description and the address of the
complainant and of the opposite party/parties
• The facts relating to complaint and when and where it
arose
• Documents in support of the allegations contained in
the complaint
• The relief, which the complainant claims
• The complaint should be signed by the complainants
or his authorized agent
HOW TO FILE A COMPLAINT?
36
A complaint can be filed in person, through agent/lawyer, or by
registered post.
Nominal court fees
Serial
No.
Value of goods or services and the compensation
claimed
Amount of
fee
payable
1
Upto Rs. 1 Lakh Rs. 100
2
Greater than or equal to Rs. 1 Lakh,
But less than Rs. 5 Lakhs
Rs. 200
3
Greater than or equal to Rs. 5 Lakhs,
But less than Rs. 10 Lakhs
Rs. 400
4 Greater than or equal to Rs. 10 Lakhs,
But less than Rs. 20 Lakhs Rs. 500
37
A complaint can be filed in person, through agent/lawyer, or by
registered post.
Nominal court fees
Serial
No.
Value of goods or services and the compensation
claimed
Amount of
fee
payable
5 Above twenty lakh and up to fifty lakhs rupees Rs.2000
6 Above fifty lakhs and up to one crore Rupees
National commistion
Rs. 4000
7
Above one crore rupees Rs. 5000
38
LIMITATION PERIOD FOR COMPLAINTS/APPEALS
• The consumer case has to be filed within 2
years of the date of cause of action
• Delay in filing appeal may be condoned if there
is sufficient cause
• If an appeal is made after the specific period,
then the forum shall record in writing reasons
for the delay
• Revision petition - 90 days
39
IMPORTANT
RELIEF AVAILABLE UNDER THE ACT
https://www.youtube.com/watch?v=SaRKSdeHsjw
(5 Consumer Rights you should know)
Remedies Under Consumer
Protection Act
• To replace the goods
• Loss of injury of consumer
• To remove the defects in the product
• To return to the complainant the price paid by the
complainant
• To remove the defects or deficiencies in the services
in question
42
Cont..
• To discontinue the unfair trade practices
• or restrictive trade practices
• Not to offer the hazardous goods for sale
• To cease from manufacturing to hazardous goods
• Issue of corrective advertisement
43
APPLICABILITY OF CONSUMER
PROTECTION ACT TO BANKING SECTOR
Customer of a bank who has a bank account
with the bank or a person who purchases a
bank draft, hires locker facility or obtains
bank guarantee from a bank are all
“consumers” and can prefer complaints
under the Act for “deficiency in service” on
the part of the bank or for “restrictive
trade practice” or “unfair trade practice”
(SC 2000)
44
Jago Grahak jago campaign
The government has been implementing this
innovative and intensive multimedia campaign to
create consumer awareness in the country
Realising the need for empowering consumers,
the government has approved a scheme of Rs 409
crore during the 11th five-year Plan on the
awareness campaign
It aimed at helping the emergence of consumers
who irrespective of age, socio-economic class or
gender
45
Quality marks
• AGMARK
• FPO
• ISI
• BIS
46
The government celebrates December 24 - "National
Consumer Rights Day “
Online- website and social networking sites
University- e.g. delhi university
TV and FM radio
Poster and banners at public places
Newspaer and magazines
CONSUMER AWARENESS
47
Purchase products only after their
complete
scrutiny
Check on weighing and measuring
instruments
Avoid buying fruits and vegetables from
unhygienic place
Check print of MRP and quantity on the
product
Check the expiry date of the product,
particularly that of the eatables and
SUGGESTIONS OR
OPINIONS
48
Some Disputes About
Consumers Rights
49
50
51
https://www.youtube.com/watch?v=A64j5o-6ix4
Jago grahak jago ad 5 please edit the
video till the Jago grahak jago time o.55
52Eshan Balachandar
Reference
https://en.wikipedia.org/wiki/Consumer_Prote
http://www.slideshare.net/SSbm1/consumer-pr
http://www.slideshare.net/pb10cv1284/consum
www.nationalconsumerhelpline.in
53
Consumer protection-act-ppt

Consumer protection-act-ppt

  • 2.
    As consumer weare concerned with money What lead to consumer protection ??? Why do we need consumer protection???
  • 3.
    WHY DO WENEED CONSUMER PROTECTION ??? Because consumers are exploited … As consumers we feel cheated or are taken for granted. False or misleading advertisements, bargaining efforts, and gifts, non-compliance, etc. ultimately make us victims as of seller’s market. As consumers we feel cheated or are taken for granted. False or misleading advertisements, bargaining efforts, and gifts, non-compliance, etc. ultimately make us victims as of seller’s market.
  • 4.
    What is Consumerexploitation ? Factors leading to consumer exploitation ? https://www.youtube.com/watch? v=7asg2nTRVKY
  • 5.
    Factors Leading To ConsumerExploitation Deceptive and misleading techniques False warranties or guarantees Non Availability of goods Adulteration Hoarding Black marketing 5
  • 6.
    The situation ischanging now In many ways Consumers are getting aware of the need to get proper value of their money. All over the World there has been growing movements for protection of consumer interests. The governments are also responding positively.
  • 7.
    Brief history aboutconsumer rights • Before the 1960’s, consumer rights were practically nonexistent. • In 1962, President Kennedy spoke to the U.S. Congress about the need for a new consumer movement, a call to action that resulted in the Consumer Bill of Rights.
  • 8.
    Current Minister of ConsumerAffairs, Food and Public Distribution of India RAM VILAS PASWAN
  • 9.
    Topics to becovered Consumer definition Consumer protection act 1986 Redressal commission District forum, State and national commission Lodging a complaint Remedies and consumer awareness Who can file and how to file a complaint 9
  • 10.
    INTRODUCTION TO CONSUMER RIGHTS Unitednations passed a resolution of consumer protection in April 1985 In 1986, the consumer protection act was enacted in India It extends to the whole of India except the State of Jammu and Kashmir. This Act is applied to all goods and services. Aimed at providing simple, quick, and cheaper protection of consumers interest
  • 11.
    1. Better protectionof interests of consumers.1. Better protection of interests of consumers. 2. Protection of the rights of the consumers:2. Protection of the rights of the consumers: (a) The right to be protected against marketing of(a) The right to be protected against marketing of goods which are hazardous to life and property;goods which are hazardous to life and property; (b) the right to be informed about the quality,(b) the right to be informed about the quality, quantity, potency, purity, standard and price ofquantity, potency, purity, standard and price of goods to protect the consumer against unfair tradegoods to protect the consumer against unfair trade practices;practices; OBJECTIVES OF THE ACTOBJECTIVES OF THE ACT
  • 12.
    (c)(c) The rightto be assured, wherever possible, access toThe right to be assured, wherever possible, access to an authority of goods at competitive pricesan authority of goods at competitive prices (d) The right to be heard and to be assured that(d) The right to be heard and to be assured that consumers interests will receive due consideration atconsumers interests will receive due consideration at appropriate forums;appropriate forums; (e) The right to seek redressal against unfair trade(e) The right to seek redressal against unfair trade practices or unscrupulous exploitation ofpractices or unscrupulous exploitation of consumers; andconsumers; and (f) Right to consumer education.(f) Right to consumer education. CONT.
  • 13.
    3. Protection bythe Consumer Protection Council.3. Protection by the Consumer Protection Council. 4. Quasi-judicial machinery for speedy redressal of4. Quasi-judicial machinery for speedy redressal of consumer disputes.consumer disputes. CONT.
  • 14.
    Scope of theAct • Applicable to the entire country except the state of Jammu and Kashmir • Applicable to all type of goods and services, public utilities & public sector undertakings • All types of complains related to goods ,unfair trade practices • Remedies under this act is same as those in other laws. • A suit pending in civil court cannot be heard in consumer court.
  • 15.
    Cont. • Consumer forumshave the power to adjudicate disputes, but they do not have trappings of a court • The consumer court powers are limited
  • 16.
    Salient features ofthe act Provisions of the act are compensatoryProvisions of the act are compensatory in nature.in nature. It empowers consumers seekingIt empowers consumers seeking discontinuance of trader’sdiscontinuance of trader’s malpractices, defective goods,malpractices, defective goods, services deficiencies or withdrawal ofservices deficiencies or withdrawal of hazardous goods from the market.hazardous goods from the market. 16
  • 17.
    Consumer is personwho Buy any good Hairs or avails of any services on payment, either in full or in installment or under hire- purchase system Any person who uses good or is benefitted from services, without making any payment BUT does not include a person who obtains such goods forBUT does not include a person who obtains such goods for resale or for any commercial purposeresale or for any commercial purpose Consumer is person who Buy any good Hairs or avails of any services on payment, either in full or in installment or under hire- purchase system Any person who uses good or is benefitted from services, without making any payment BUT does not include a person who obtains such goods forBUT does not include a person who obtains such goods for resale or for any commercial purposeresale or for any commercial purpose ??? DefinitionsDefinitionsDefinitionsDefinitions
  • 18.
    What is service? The“service”, in the Act, means service of any description which is made available to its potential users and includes provision of facilities and connection.
  • 19.
    Who is atrader?Who is a trader? Any person who sells or distributes any good for sale or a manufacturer of such goods or in case of good sold in package form, the packer is trader. Any person who sells or distributes any good for sale or a manufacturer of such goods or in case of good sold in package form, the packer is trader.
  • 20.
    Who is amanufacturer? ‘Manufacturer’ means a person who makes or manufactures goods or parts thereof. Even if he only assembles parts thereof made or manufactured by others and claims the end product to be goods manufactured by himself, he is a manufacturer. However, a branch office shall not be a manufacturer even though it assembled part of goods dispatched to it by the manufacturer’s head office. ‘Manufacturer’ means a person who makes or manufactures goods or parts thereof. Even if he only assembles parts thereof made or manufactured by others and claims the end product to be goods manufactured by himself, he is a manufacturer. However, a branch office shall not be a manufacturer even though it assembled part of goods dispatched to it by the manufacturer’s head office.
  • 21.
  • 22.
  • 23.
  • 24.
     What doyou mean by consumer Redressal ?  What do you mean by right to informed ? 24
  • 25.
     The CentralCouncil is headed by Minister, In-The Central Council is headed by Minister, In- charge of the Department of Consumer Affairs incharge of the Department of Consumer Affairs in the Central Government and the State Councilsthe Central Government and the State Councils by the Minister In-charge of the Consumer Affairsby the Minister In-charge of the Consumer Affairs in the State Governmentsin the State Governments  At present, there are 629 District Forums and 35At present, there are 629 District Forums and 35 State Commissions with the National ConsumerState Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at theDisputes Redressal Commission (NCDRC) at the apexapex  The act envisages a three –tier quasi judicialThe act envisages a three –tier quasi judicial machinery at the national state and district level.machinery at the national state and district level. Redressal mechanismRedressal mechanism
  • 26.
    District forumDistrict forum The district forum is set up by the stateThe district forum is set up by the state government in each district of a state.government in each district of a state.  The person heading a district forum must beThe person heading a district forum must be qualified to be a district judge with 2 otherqualified to be a district judge with 2 other members with eminence in that field ofmembers with eminence in that field of education one of whom shall be a woman.education one of whom shall be a woman.  The district forum has the jurisdiction toThe district forum has the jurisdiction to entertain complaints concerning goods,entertain complaints concerning goods, services and compensation claimed below 20services and compensation claimed below 20 lakhs.lakhs.  No case exceeding 20 lakhs can be dealt by theNo case exceeding 20 lakhs can be dealt by the district forum.district forum.
  • 27.
    State commissionState commission The state commission is set up by theThe state commission is set up by the state government in each state andstate government in each state and headed by a sitting or a retired judge of aheaded by a sitting or a retired judge of a high court, with again 2 members onehigh court, with again 2 members one being a woman, unlike the districtbeing a woman, unlike the district forum.forum.  The state commission can handleThe state commission can handle complaints whose value exceeds 20 lakhscomplaints whose value exceeds 20 lakhs but is below 1 crore, moreover casesbut is below 1 crore, moreover cases from the district forum can be taken tofrom the district forum can be taken to the state commission if they haven’tthe state commission if they haven’t been settled at first attempt.been settled at first attempt.
  • 28.
    National commissionNational commission The national commission in its own right isThe national commission in its own right is set up by the central government andset up by the central government and headed by a sitting or a retired judge of aheaded by a sitting or a retired judge of a supreme court along with 4 other memberssupreme court along with 4 other members one being a woman.one being a woman.  This court is eligible to handle complaintsThis court is eligible to handle complaints of value in excess of 1 crore and also hearsof value in excess of 1 crore and also hears appeals in orders against the stateappeals in orders against the state commissioncommission..
  • 29.
    • The consumerto whom the goods are sold or delivered, or agreed to be sold or delivered , or the service has been provided, or agreed to be provided’ • Any recognized consumer association, regardless of whether the consumer is a member of such an association or not. • The state or central govt. either its individual capacity or as a representative of the interest of the consumer in general
  • 30.
    • [Section 2(1)(c)]states that • A complaint must contain any of the following allegations: • (a) An unfair trade practice or a restrictive trade practice has been adopted by any trader; • (b) The goods bought by him or agreed to be bought by him suffer from one or more defects; • (c) The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in WHAT A COMPLAINT MUST CONTAIN?
  • 31.
    • [Section 2(1)(c)] statesthat Complaint is a statement made in writing to the National Commission, the State Commission or the District Forum by a person competent to file it, containing the allegations in detail, and with a view to obtain relief provided under the Act. WHAT CONSTITUTES A COMPLAINT?
  • 32.
    An aggrieved consumerseeks redressal under the Act through the instrumentality of complaint. It does not mean that the consumer can complain against his each and every problem. The Act has provided certain grounds on which complaint can be made.  A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods. WHAT CAN BE COMPLAINED?
  • 33.
    Goods which willbe hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being, requiring traders to display information in regard to the contents, manner and effect of use of such goods. CONT.….
  • 34.
    34  A complaintmay be made w.r.t. to goods or services.  Categorization is done (goods or services).  Whether laboratory-test is required or not.  Whether laboratory test is not required or complaint relates to services.
  • 35.
    35  When alab-test is required –  Copies of complaint including supporting documents and compensation demanded must be submitted.  After such complaint receipt, District Forum refers to opposite party to put in front their point.  Time limit of 30 days (can be extended to 45 days) is given to put their perspective.
  • 36.
    On plain paper,contents of a complaint:- • The name, description and the address of the complainant and of the opposite party/parties • The facts relating to complaint and when and where it arose • Documents in support of the allegations contained in the complaint • The relief, which the complainant claims • The complaint should be signed by the complainants or his authorized agent HOW TO FILE A COMPLAINT? 36
  • 37.
    A complaint canbe filed in person, through agent/lawyer, or by registered post. Nominal court fees Serial No. Value of goods or services and the compensation claimed Amount of fee payable 1 Upto Rs. 1 Lakh Rs. 100 2 Greater than or equal to Rs. 1 Lakh, But less than Rs. 5 Lakhs Rs. 200 3 Greater than or equal to Rs. 5 Lakhs, But less than Rs. 10 Lakhs Rs. 400 4 Greater than or equal to Rs. 10 Lakhs, But less than Rs. 20 Lakhs Rs. 500 37
  • 38.
    A complaint canbe filed in person, through agent/lawyer, or by registered post. Nominal court fees Serial No. Value of goods or services and the compensation claimed Amount of fee payable 5 Above twenty lakh and up to fifty lakhs rupees Rs.2000 6 Above fifty lakhs and up to one crore Rupees National commistion Rs. 4000 7 Above one crore rupees Rs. 5000 38
  • 39.
    LIMITATION PERIOD FORCOMPLAINTS/APPEALS • The consumer case has to be filed within 2 years of the date of cause of action • Delay in filing appeal may be condoned if there is sufficient cause • If an appeal is made after the specific period, then the forum shall record in writing reasons for the delay • Revision petition - 90 days 39
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    Remedies Under Consumer ProtectionAct • To replace the goods • Loss of injury of consumer • To remove the defects in the product • To return to the complainant the price paid by the complainant • To remove the defects or deficiencies in the services in question 42
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    Cont.. • To discontinuethe unfair trade practices • or restrictive trade practices • Not to offer the hazardous goods for sale • To cease from manufacturing to hazardous goods • Issue of corrective advertisement 43
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    APPLICABILITY OF CONSUMER PROTECTIONACT TO BANKING SECTOR Customer of a bank who has a bank account with the bank or a person who purchases a bank draft, hires locker facility or obtains bank guarantee from a bank are all “consumers” and can prefer complaints under the Act for “deficiency in service” on the part of the bank or for “restrictive trade practice” or “unfair trade practice” (SC 2000) 44
  • 45.
    Jago Grahak jagocampaign The government has been implementing this innovative and intensive multimedia campaign to create consumer awareness in the country Realising the need for empowering consumers, the government has approved a scheme of Rs 409 crore during the 11th five-year Plan on the awareness campaign It aimed at helping the emergence of consumers who irrespective of age, socio-economic class or gender 45
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    Quality marks • AGMARK •FPO • ISI • BIS 46
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    The government celebratesDecember 24 - "National Consumer Rights Day “ Online- website and social networking sites University- e.g. delhi university TV and FM radio Poster and banners at public places Newspaer and magazines CONSUMER AWARENESS 47
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    Purchase products onlyafter their complete scrutiny Check on weighing and measuring instruments Avoid buying fruits and vegetables from unhygienic place Check print of MRP and quantity on the product Check the expiry date of the product, particularly that of the eatables and SUGGESTIONS OR OPINIONS 48
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    51 https://www.youtube.com/watch?v=A64j5o-6ix4 Jago grahak jagoad 5 please edit the video till the Jago grahak jago time o.55
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