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NEED FOR CONSUMER PROTECTION ACT IN AN ERA OF FREE COMPETITION WHERE ‘CONSUMER IS A KING’
- 3. To provide Consumer is.. •Most powerful motivation force • Equally liable to penalties Applicable to Excludes
- 4. • Illiteracy andIgnorance • Unorganized Consumers • Spurious Goods • Deceptive Advertising • Malpractices of Businessmen • Freedom of Enterprise • Legitimacy for Existence • Trusteeship
- 5. • To protectthe basic rights of a consumer • Not to provide a loophole and excuses • Educating the consumer Regarding their rights To propagate awareness about the act and the ethical practices
- 6. The Act appliesto all goods and services unless specially exempted by Union Government It covers all sectors Provisions of the Act are compensatory in nature It envisages establishment of consumer protection councils Provisions of this act are in addition to and not in derogation of the provisions of any other act.
- 7. • Complainant • Complaint •Consumer • Consumer dispute • Defect • Deficiency • Goods • Manufacturer • Service • Trader
- 8. • Eg: Brazil,Kenya, India, United Kingdom, Nicaragua and Peru among others.
- 9. • Freedom ofchoice Example- 1.online shopping 2.Ford model T • Rational decisions example- 1.Return on investment, Technological evaluation, Business Expansion 2. Sportswear • large number of firms- homogenous product. Example- 1.Pepsi and Coke 2.Smartphone Companies
- 10. • Easy entryand exit (low “barriers to entry”) Example- 1. Telecommunications, energy 2. Consulting, education 3. Hotels, ironworks 4. Retail, electronic commerce • The actions of an individual firm have little to no effect on market price. Example- 1.Nokia
- 11. It cameinto force on 1st July 1930. Excludes State of Jammu & Kashmir. Contract of sale (Section5) • A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer • a contract of sale • may be made in writing or • by word of mouth or • or partly in writing and partly by word of mouth • Eg:- customer and salesperson
- 12. “Essential commodity" meansany of the following classes of commodities :- (1) cattle fodder, including oilcakes and other concentrates; (2) coal, including coke and other derivatives; (3) component parts and accessories of automobiles; (4) cotton and woolen textiles; (4.A) drugs. This act provides, in the interest of the general public, for the control of the production, supply of distribution of, and trade and commerce in certain commodities.
- 13. • Don't eatonions, prices will dip • Fruits and veggies no longer taxable(Assam) Supreme court Petitioner Vishnu Pratap Singh Langawat Agricultural Produce Marketing Committee Act, 1972 State government
- 14. • The Actcame into effect from 1st June, 1955. • Food being one of the essentials – proper health • The main objective was to protect the public from poisonous and harmful foods • Access to pure, nutritious food, free from any type of adulteration – right of every citizen • Case Study Amul fined ₹5000 for selling with wrong info Kaira District Co- operative Milk Producers' Markets under Amul 1 yr Imprisonment to Ashok Patel
- 15. Aims atintroducing standards in relation to weights and measures used in trade and commerce. Objectives – Establish standards of weights and measures. – Regulate inter-state trade or commerce Manufacture/sale/distribution Penal provisions • A fine of ₹500/- to ₹1000 • And imprisonment up to seven years Eg:-Bisleri(1 ltr and 800 ml)
- 17. • Right tosafety • Right to be choose • Right to be heard
- 18. • Right tobe informed Customer care number for any complaints on quality of the product Nutritional facts about the products Packaging and expiry date is mentioned & also the price Standard followed- bar code (right to safety) Standard weight is mentioned
- 19. • Right toseek redresssal • Right to consumer education
- 20. • OBJECTIVES OFTHE ACT Greater Transparency . Informed Citizenry for promotion. Improvement in Accountability and performance Reduction in Corruption
- 21. SECTION 6 :REQUEST FOR INFORMATION : Steps: Make a request • In writing or • Through electronic means • In English/Hindi/regional language SECTION 8 : INFORMATION THAT CANNOT BE GIVEN There shall be no obligation to give any citizen Information:- • disclosure of which would affect the sovereignty and integrity of India. • which is forbidden to be published by any court of law or tribunal. • the disclosure of which would cause a breach of privilege of parliament or the state legislature. • received in confidence from foreign government
- 22. The central orstate commission:- Penalty of ₹250 is imposed each day till application is received Total amount shall not exceed ₹25000 Recommend for disciplinary action against 1. The central public information officer or 2. The state public information officer As the case may be, under the service rules applicable to him.
- 23. • Hospital Authorityfined 25K under RTI (1) – Mumbai • Corruption in passport office – New Delhi
- 24. • The Actpostulates establishment of Consumer Protection Councils for the purpose of spreading consumer awareness. • Central level- central consumer protection council & State level- state consumer protection council. • To promote and protect all the rights mentioned above of consumers.
- 25. The aims andobjectives of the Act are achieved by the constitution and creation of 3-tier judicial machinery depending upon the amount of loss involved District Forum State Commission National Consumer Disputes redressal Commission.
- 26. SI. No. Name of Agency Cases filed since inception Cases disposedof since inception Cases Pending %of total Disposal Remarks 1. National Commission 78471 68241 10230 86.96% 2. State Commissions 589771 495717 94054 84.05% 3. District Forums 3205530 2960263 245267 92.35% TOTAL 3873772 3524221 349551 90.98% Total Number of Consumer Complaints Filed / Disposed since inception Under Consumer Protection Law (as on 04.12.2012)
- 27. • Buying qualityproducts at reasonable price. • To check the weights and measures before making purchases. • Reading the label carefully. • Beware of false and attractive advertisements. • Beware of misleading schemes.
- 28. • To procurethe bill, cash received warranty, etc. • Buying from reputed shops • Don't make purchases from black market • To buy standardized product • To use a product as per the instruction of the manufacturer • Knowledge of consumer rights
- 31.
- 32. Login Form for http://www.jagogra hakjago.in/ Fileyour complaints Toll Free No. - 1800- 180-4566 http://www.consum ercomplaints.in
- 34. Brand Power advertisement ofa health drink for kids (Cadbury’s Bournvita) Brand Power advertisement of Livon Hair Gain Tonic
- 36. • Background ofConsumer protection Act • The Purpose of the Consumer Protection Act • Who does the Consumer Protection Act Affect? • What are the Consumer Rights in Terms of the Consumer Protection Act? • Key Points of the Consumer Protection Act • Mechanisms of the Consumer Protection Act
- 37. • Came intoeffect on 1april 2011 • Promote fairness, openness and good business practices • Supports and strengthens consumer R&R • Excludes all agreements before 1 april 2011 • Came into effect on 24december 1986 To provide • For better protection • For that purpose to make provisions • For the settlement of consumer’s disputes. • Excludes goods and services under personal service or for resale
- 38. • Creating Alegal framework for consumers • Reducing the difficulties of consumers • Protecting consumers from unfair trade practices; • Encouraging responsible consumer behaviour • To protect the basic rights of A consumer • Prevent consumers from getting exploited • Provide more accessible protection for consumers • Provide A less formal, less expensive and faster way to seek justice
- 39. Consumer • An individualto whom goods or services are marketed Supplier • A business or other organisation that operates in South Africa as a supplier of goods or services is called a supplier • Consumer • Manufacturer • Trader
- 40. • Right toEquality in the Consumer Market and Protection against Discriminatory Marketing Practices • Right to Privacy • Right to Choose • Right to Disclosure of Information • Right to Fair and Responsible Marketing • Right to Fair and Honest Dealing • Right to Fair, Just and Reasonable Terms and Conditions • Right to Fair Value, Good Quality and Safety • Right to Accountability from Suppliers • Right to be protected from all hazardous goods & services • Right to be fully informed about the performance and quality of all goods and services • Right to free choice of goods and services • Right to be heard in all decision-making processes related to consumer interests • Right to complete consumer education • Right to seek redressal, whenever consumer rights have been infringed
- 41. • Language • MarketingStandards • Cooling-off periods • Fixed-Term Contracts • Overselling and Overbooking • Implied Warranty of Quality • Prepaid Certificates, Credits and Vouchers • Speedy redressal • Involvement of consumers • Goods and Services • Exemption • Provisions • Complaint
- 43. • Company :-Sony Ericson • Consumer:- Rutu Ladage • Problem Consumer Right Compensation
- 44. QUESTIONS YES NO Q1.Do you examine the expiry date the food items and medicines when you buy them? 30 - Q2. Have you ever cross checked the weights of the products mentioned on the item? 6 24 Q3. Do you check the M.R.P.(Maximum Retail Prices) before buying the products? 30 - Q4. Have you ever come across adulteration in? i) Food stuff 6 24 ii) Milk 9 21 Q5. Have you ever been cheated in regards to a product/service offered to you? 7 23
- 45. Q6. If yes,did you complain to? Shopkeeper, 21 Main Supplier, 2 Eleswhere, 0 Din't Complain, 1.2
- 46. QUESTIONS YES NO Q7.Was your complaint to the supplier/shopkeeper attended by him to your satisfaction? 28 2 Q8. Are you aware of consumer courts, for redressal of grievances of consumers? 30 - Q9. Are you aware of the procedure to file a case in the consumer courts? 12 18 Q10. If yes, have you ever filed a case in the consumer court? 2 28
- 47. So is theconsumer really the ?????
- 48. • Providing ConsumerEducation • Adulteration • Building Pressure On Government • Arranging Consumer Protection Programmes or Organising Public Opinion • Providing Guidance To Consumer • Misleading advertisement
- 50. • http://www.ummid.com/news/2014/January/10.01.2014/sc- on-onion-price.html#sthash.natkhtap.dpuf • http://www.medindia.net/indian_health_act/consumer_protect ion_act_and_medical_profession_consumer_disputes_redressal _agencies.htm#ixzz2s4jBl9QE •http://indiankanoon.in/doc/1819218/ • http://pib.nic.in/newsite/erelease.aspx?relid=79338 • http://dc-siwan.bih.nic.in/Consumer_Act.pdf • Consumer Protection » Center for Finance, Law & Policy | Boston University • http://nvonews.com/2011/01/19/%E2%80%98jago-grahak- jago%E2%80%99-%E2%80%93-an-initiative-towards- consumer-education-and-awareness/