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REDRESSAL MECHANISM AS PER  CONSUMER PROTECTION ACT  By:- Reema Shukla Anand Thorat Triveni Rishi Mehta Nandita Sadani Hari Divya
CONSUMER PROTECTION ACT  ,[object Object]
United nations passedresolution of consumer protection in april 1985.
In India 1986 was the enactment of consumer protection act.
Aimed at providing simple, quick, and cheaper protection of consumersinterest.
Section 2(1)(d)(ii) of the act“Consumer” means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred  payment.
IMPORTANCE Business is a means of human welfare Growth with social justice Single vs. multiple objectives Stakeholder approach Power centre Self interest Customer is the purpose of the business Ethical obligations Public support  Principle of trusteeship
CONSUMER RIGHTS  Right to Safety Right to be Informed Right to Choose Right to be Heard Right to Seek Redressal Right to Consumer Education Right to Basic Needs  Right to healthy environment
CONSUMERS RESPONSIBILITIES ,[object Object]
Cautious consumer.
Filing complaint for the redressal of genuine grievances.
Consumer must be quality conscious.
Advertisements often exaggerate
Insist on cash memo .,[object Object]
REDRESSAL MECHANISM The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels.  National Consumer Disputes Redressal Commission -National Commission. (Exceeding 1 Crore) State Consumer Disputes Redressal Commissions - State Commission. (> Rs. 20 Lakhs < Rs. 1 Crore) District Consumer Disputes Redressal Forums - District Forum. (< Rs. 20 Lakhs.)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  Pecuniary Jurisdiction: Value of goods or services and  compensation, if any, claimed < Rs 20 lakhs [Section 11].  Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10].  Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].
STATE CONSUMER DISPUTES REDRESSAL COMMISSION  ,[object Object]
Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16].
Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)].
Circuit Benches: The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may in consultation with the State Commission notify from time to time [Section 17B)]. ,[object Object]
Composition: (a) Its President shall be a person who is or has been a Judge of Supreme Court appointed by the Central Government.	(b) Not less than 4 and not more than such number of members and at least one them shall be a woman, who shall have qualifications, namely: be not less than 35 years of age,  possess a bachelor’s degree from a recognized university and   be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 20].  ,[object Object]
Circuit Benches: The National Commission shall ordinarily function at New Delhi but may perform its functions at such other place as the Central Government may in consultation with the National Commission notify from time to time [Section 22C]. ,[object Object]
FEE FOR FILING AN APPEAL ,[object Object]

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Redressal mechanism as per consumer protection act

  • 1. REDRESSAL MECHANISM AS PER CONSUMER PROTECTION ACT By:- Reema Shukla Anand Thorat Triveni Rishi Mehta Nandita Sadani Hari Divya
  • 2.
  • 3. United nations passedresolution of consumer protection in april 1985.
  • 4. In India 1986 was the enactment of consumer protection act.
  • 5. Aimed at providing simple, quick, and cheaper protection of consumersinterest.
  • 6. Section 2(1)(d)(ii) of the act“Consumer” means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.
  • 7. IMPORTANCE Business is a means of human welfare Growth with social justice Single vs. multiple objectives Stakeholder approach Power centre Self interest Customer is the purpose of the business Ethical obligations Public support Principle of trusteeship
  • 8. CONSUMER RIGHTS Right to Safety Right to be Informed Right to Choose Right to be Heard Right to Seek Redressal Right to Consumer Education Right to Basic Needs Right to healthy environment
  • 9.
  • 11. Filing complaint for the redressal of genuine grievances.
  • 12. Consumer must be quality conscious.
  • 14.
  • 15. REDRESSAL MECHANISM The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels. National Consumer Disputes Redressal Commission -National Commission. (Exceeding 1 Crore) State Consumer Disputes Redressal Commissions - State Commission. (> Rs. 20 Lakhs < Rs. 1 Crore) District Consumer Disputes Redressal Forums - District Forum. (< Rs. 20 Lakhs.)
  • 16. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Pecuniary Jurisdiction: Value of goods or services and compensation, if any, claimed < Rs 20 lakhs [Section 11]. Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10]. Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].
  • 17.
  • 18. Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16].
  • 19. Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)].
  • 20.
  • 21.
  • 22.
  • 23.
  • 24. An appeal before National Commission  50 % of the amount to be paid to the complainant in accordance with order of a State Commission or Rs 35,000.00, whichever is less [Provision to Section 19]. The amount shall be remitted in the form of Demand Draft drawn on a national bank in favour of the Registrar, National Commission payable at Delhi [Rule 14-A].
  • 25.
  • 26. Provided that no adjournment shall be ordinarily granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission.
  • 27. Provided Further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment as maybe provided in the regulations made under this Act.
  • 28.
  • 29. Appeals disposed of within a period of 90 days.
  • 30. The Forum shall make such orders as to the cost occasioned by the adjournment
  • 31.
  • 32.
  • 33.
  • 34. LIMITATION PERIOD FOR FILING A COMPLAINT District Forum or State Commission or the National Commission within 2 years from the date on which the cause of action has arisen. The Forum/Commission concerned can overlook the delay for recorded reasons [Section 24A].  Appeals are require to be filed within 30 days from the date of receipt of the court's order. It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condensation of delay.
  • 35.
  • 36. Covers all sectors ( private, public or cooperative).
  • 37. The provisions of the Act are compensatory in nature.
  • 38. The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
  • 39. The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.
  • 40. Applies to all states – Except Jammu and Kashmir.
  • 41.
  • 42. Check on weighing and measuring instruments used by traders.
  • 43. Avoid buying fruits and vegetables from unhygienic place.
  • 44. Check print of MRP on the packet.
  • 45. Check the quantity as per the figure printed on the packet.
  • 46. Check the expiry date of the product, particularly that of eatables and medicines.
  • 47.