ble research assignment (mr. anil)
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INTERNAL RESEARCH ASSIGNMENT
Name Of The Candidate: Neha Goel
Enrollment No. : 07980303912
Course: MBA- 1st SEM, 2nd SHIFT
Batch: 2012-2014
Subject: Business and Legal Environment
Subject Code: MS-107
Topic Of Assignment: Consumer Protection Act.
Subject Teachers Name: Mr. Anil Goyal
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RESEARCH ASSIGNMENT
OF
BUSINESS AND LEGALENVIRONMENT
Submitted by : Neha Goel
Enrollment number : 07980303912
2012-2014Submitted to Mr. Anil Goyal
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Problem:
One of your friends has recently bought a washing machine from the market by paying
Rs.15,000. After using a day or two he found some mechanical problem in the machine.
Immediately he informed the dealer but the dealer did not respond to repair or replace the
machine. Now he wants to lodge a complaint in a consumer court. Which consumer court
should he go and why? Also state any three possible reliefs the court may order in favor of
your friend.
Solution :
Rise of Consumer Awareness
In India the concept of consumer awareness is not new. References to the protection of consumers
interest against exploitation by trade and industry, underweight and its measurement, adulteration and
punishment for these offences were made in Kautilyas Arthashastra. However organized and
systematic movement safeguarded the interest of consumers is a recent phenomenon. This developed
in late 1980s with the growing liberalization of the economy.
When the Government withdrew itself from production activities and allowed private sector to take
over, it was felt that there is a greater need to enforce discipline and regulation in the market. The
consumers have to be aware not only of the commercial aspects of the sale and purchase of goods but
also of the health and security aspects. Food has become an important element of the consumer
awareness these days. In case of food products its quality depends not only on its nutritional value but
also on its safety for human consumption.
. In India the Government has taken many steps including legislative to protect consumers. Consumer
education is an important part of this process and is a basic consumer right that must be introduced at
the school level. Consumers by definition include all citizens who are by and large the biggest group
who are affected by almost all Government, public or private decisions. The most important step in
consumer education is awareness of consumer rights.
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Consumer
Any person who buys goods for a consideration which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment, and includes any person who uses such goods with the
approval of the buyer. It does not include a person who buys goods for resale or for any commercial
purpose.
OR
Any person who hires or avails any services for a consideration which had been paid or promised or partly
paid and partly promised , or under any system of deferred payment , and includes any person who is a
beneficiary of such services with the approval of the hirer . It does not include a person who avails of such
services for any commercial purpose.
For the purpose of this definition commercial purposes does not include use by a consumer of goods
bought and used by him exclusively for the purpose of earning his livelihood by means of self
employment.
Consumer Protection Act, 1986
The consumer protection Act, 1986 is one of the benevolent pieces of legislation intended to protect a large
body of consumers from exploitation. It aims to protect the interests of consumers by recognising them in
the form of rights. The various rights of consumers recognised under the Act which are to be promoted and
protected by the Consumers Protection Council are as follows:
Right to safety: To be protected against the sale of goods and services which are spurious or
hazardous to life and property
Right to be information : To be informed about the quality , quantity , weight and the price
of goods or services being paid for , so that they are not cheated by unfair trade practices
Right to choose: To be assured , whenever possible , access to a variety of goods and services
at a competitive price.
Right to be heard: To be heard and to be assured that their interest will receive due
consideration at appropriate forums.
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Right to Redressal against exploitation: To seek legal redressal against unfair or
restrictive trade practices or exploitation.
Right to consumer education: To have access to consumer education. Unless the
consumers are aware of their rights and remedies, protection to their interest shall remain a myth.
Right to healthy and sustainable environment: Consumers have the right to live and
work in an environment which does not threaten their health and life and which does not pose
any danger to present and future generations.
Objective of the Act
The main object of these bodies is to provide speedy and simple redressal to consumer disputes. It is
one of the benevolent pieces of legislation intended to protect the consumers at large from
exploitation.
Definitions of Consumer Protection Act, 1986
Complainant means: -
1. a consumer, or
2. any voluntary consumer association registered under the companies act,1956 or under any other
law for the time being in force, or
3. the Central Government or any State Government , who or which makes a complaint ,or
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4. one or more consumers where there are numerous consumers having the same interest
Complaint means any allegation in writing made by a complainant that: -
1. an unfair trade practice or a restricted trade practice has been adopted by any trader
2. the goods bought by him or agreed to be bought by him suffer from one more defects
3. the services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect,
4. The trader has charged for the goods mentioned in the complaint a price 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.
5. goods which will be hazardous to life and safety when used, are being offered to the sale in
public in contravention of the provisions of any law for the time being in force, requiring
traders to display information in regard to the contents , manner or effect of use of such
goods, with a view to obtaining any relief provided by law under the CPA.
Procedure of Filing Complaint
Who can file a complaint?
A consumer.
Any registered voluntary consumer organization.
The Central or State Government.
One or more consumers on behalf of numerous consumers who are having the same
interest.
When a complaint can be filed?
A complaint can be filed in writing if: -
Consumer has suffered loss or damage as a result of any unfair trade practice.
The goods purchased suffer from any defect.
The trader has charged a price in excess of the price displayed or fixed by any law for
the time being in force;
The goods hazardous to life and safety are being offered for sale to public;
The services hired or availed of suffer from any deficiency,
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Where a complaint can be filed?
If the cost of goods and services and compensation asked for is:
Up to Rs. 20 lakhs District Forum
More than 20 lakhs till one crore State Commission
More than one crore National Commission
The complaint/reply should be supported with affidavit of party and witnesses, if any and the
complaint may be filed within two years from the date on which cause of action arises.
DISTRICT FORUMS: Each District Forums consists of
1. a person who is, or has been, or is qualified to be a district judge, who shall be its President
2. two other members, one of whom shall be a women, who shall have the following qualifications
namely:
a. be not less than 35 years of the age
b. possess a bachelors degree from a Recognized university
c. be persons of the ability, integrity, standing and having knowledge and experience of
atleast 10 yrs in dealing with problems relating to economics, law, commerce,
accountancy, public affairs.
JURISDICTION OF DISTRICT FORUMS Pecuniary jurisdiction:
Consumer Protection Act deals with pecuniary jurisdiction. Here, District Forum has the jurisdiction to
entertain complaints where the value of the goods or services and the compensation if there is claimed does
not exceed amount of Rs.20 lakhs. It depends upon the amount of relief claimed and not upon the value of
the subject-matter, nor upon the relief allowed by the Forum.
Territorial jurisdiction
It provides that a complaint shall be instituted in a District Forum within the local limits of whose
jurisdiction:-
a. The opposite party or each of the opposite parties at the time of institution of the complaint actually
and voluntarily resides, carries on business, has a branch office or personally works for gain.
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b. Where there are more than one opposite parties, any of the opposite parties at the time of institution
of the complaint actually and voluntarily resides, carries on business, has a branch office or
personally works for gain.
c. The place where the cause of action, wholly or in part, arises
Duties of a Consumer
Insist on bills or receipts without fail, on all the purchases made.
Read information on packets carefully before purchase.
Do not feel tempted on misleading advertisements.
Buy standardized products only i.e. which are marked.
File consumer complaints against defaults in goods or deficiency in services, or unfair
trade practices.
Precautions for Consumers
1. Purchase only when you need and do not purchase in a hurry.2. Do not buy blindly. Demand full information before you buy.3. Beware of false and misleading advertisements.4. Do not compromise on the quality of goods and services.5. Do not forget to obtain proper receipt or cash memo. Always obtain the guarantee/
warrantee card duly stamped and signed by the shopkeeper, wherever necessary. These
can be helpful in consumer courts.
Publicity Measures
The Department of Consumer Affairs has been provided with an annual budget of Rs. 3.10 crores
during 10th plan period. Out of this meager budget available, the department has been taking a number
of steps to strengthen consumer movement in the country involving the State Governments, voluntary
consumer organizations, consumer activists, etc. Some of the important measures taken by the Central
Government during the year 2004-05 to generate consumer awareness, are given as under;-
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CERTIFICATION SYSTEM
The BIS product certification scheme is essentially voluntary in nature, and is largely based on ISO
Guide 28, which provides general rules for third party certification system of determining conformity
with product standards through initial testing and assessment of a factory quality management system
and its acceptance followed by surveillance that takes into account the factory Quality management
system and the testing of the samples from the factory and the open market. All BIS certification is
carried out on Indian Standards, which have been found amenable to product certification. A sizeable
number of Indian Standards have however, been harmonized with ISO/IEC Standards and some are
dual numbered as IS/ISO or IS/IEC Standards.
A large number of operational elements of the BIS product certification scheme correspond with the
requirements of ISO Guide 65.
Types of Licensing
Although, the scheme itself offers voluntary licensing, the Government of India, on considerations of
public health and safety, and mass consumption has enforced mandatory certification on various
products through Orders issued from time to time under various Acts. While the Bureau continues to
grant licenses only on application, the enforcement of compulsory certification is done by the notified
authorities. Given later in this document is a list of items brought under mandatory certification,
together with the corresponding Indian Standards Number, and the authorities responsible for
enforcing the orders.
Operational Areas
The BIS Product Certification Scheme is open to manufacturers in all countries without discrimination.
While a license can be granted for any Indian Standards specifying product characteristics, which is
amenable to certification, the broad areas of technologies now under certification are:
Textiles
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Chemicals and Pesticides
Rubber and Plastic products
Cement and Concrete Products
Basic metals and fabricated metal products
Machinery and equipment
Electrical, electronics and optical equipments
Automotive components
Agriculture, food, beverages and tobaccos
Leather products
Wood products
Paper and pulp products
Testing instruments
Building material
Pumping, irrigation, drainage and sewage equipment
Basic & Production Engineering
Civil Engineering
Electronics and Information technology
Electro technical
Food and Agriculture
Mechanical Engineering
Management and Systems
Medical Equipment and Hospital Planning
Metallurgical Engineering
Petroleum Coal and Related Products
Transport Engineering
Textile
Water Resources
HALLMARKING
The scheme in the interest of the consumer and the Government, the Bureau of Indian Standard
(BIS) has launched the BIS scheme for Hallmarking gold jewellery. The scheme has been introduced
on a voluntary basis under the BIS Act 1986. BIS-recognized assaying and hallmarking centres will
certify purity of gold jewellery in accordance with the India Standard ISO: 1417 grades of gold and
alloys, which is equivalent to the international standard. Jewelers certified by the BIS will have thelicence to get their jewellery assayed and hallmarked by any BIS-recognized assaying and
hallmarking centre.
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