consumer protection act on 1510

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  • 8/12/2019 Consumer Protection Act on 1510

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    Consumer protection act-1986Consumer is at the core of business world in the present day economy. Despitethis fact consumer is widely he is deprived of his rights & is subjected to variouskinds of exploitation.Eg.Short weight poor !uality adulteration fake goods

    black marketing and delayed deliveries. "ith a view to protect consumer fromexploitation a method of consumer protection has been launched.Commencement #$eceived presidents accent on % December '()*.#Came into force on '+ th ,pril '()-.

    Application#,ct extends to whole ndia except /ammu & 0ashmir.#,pply to all goods & services except those specifically provided by Central1overnment by notification.# Cover all sectors.

    Objective#2o provide for better protection of the interest of consumers.#2o protect the consumer from immoral activities & unfair trade practices of thetraders.#2o set up 32rade protection councils4 to educate the consumers & make themaware of right things#2o sort out disputes of the consumers speedily.#2o make judicial machinery to control marketing.

    Important definitionsConsumer#any person who buys any goods hires any ser vice uses such goodswith the approval of person who has bought such goods beneficiary of serviceswith the approval of person who has hired the services.Complaint5 means any allegation in writing made by a complainant that#i.an unfair trade 6practice has been adopted.ii.2he goods bought suffer from defects.iii.2he services hired suffers from deficiency.iv.2he trader or service provider has charged higher in excess of price.iv.1oods ha7ardous for life offered for sale to public.Complainant#any person or institute who files a complaint.Consumer Rightsi.$ight to safety#Consumer has the right to be protected against marketing ofsuch goods & services as are ha7ardous 8dangerous9 to health life & property.ii.$ight to choose#$ight to choose from any variety at competitive prices.iii.$ight to be informed about !uality !uantity purity standard price.

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    iv.$ight to be heard consumer has the right to present before appropriateauthority all those matters which effects his interests.v.$ight to seek redressal#$ight to get his complaint & claims settled againstmanufacturers or seller.vi.$ight to consumer education#:as the right to get information about the thingswhich are necessary for him.Consumer Protection councils2he interests of the consumers are promoted & protected by the establishment ofconsumer protection councils. ;or their setting there are two levels#'.,t ceter level#Central consumer protection council.%.,t state level#State consumer protection council.Central level i.Establishment#umber of.official & non#official members will be determined by central

    govt.iv.2erm#2hree years.v.=eetings#at least once a year.vi. ?bjective#@rotection & promotion of rights laid under act.

    State level

    i.Establishment#under state govt.ii.=embers#=inister in#charge of consumer affairs in the state govt.will bechairman.iii.Such members of other official or non#official members representing suchinterest as may be indicated by the state govt.iv.=eeting#once in 2wo years at least.Objective- @romotion & protection of rights as per ,ct.

    Redressal of consumer Disputes2his act provide three tier redressel of consumer complaint#'.Distriact forum.%.Stae commission.A.>ational commission.

    District Forum- , person who is or has been a district judge shall be its@resident.#2wo other members one shall be a lady having following !ualifications5i.>ot less than A+yrs age.ii.@ocess

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    ii.@erson of abilityt integrirty & have knowledge & experience of at least ' yrsin dealing with the problems relating toeconomics law commerce accountancy industry public affairs etc.iv.,ppoinment made by state govt.v.2ime period#five years.

    i./urisdiction#claim upto#% lakhs.vii.Salary#as prescribed by state govt.State Commissioni., person who is or has been a judge of a high court shall be president.ii.>ot less than two members with atleast one lady

    Rest are same as above for district forum Except jurisdiction from 20 lak s toone crore!

    "ational commission, person who is or has been a judge of supreme court shall be chairman.

    =embers not less than four with atleast one lady.,ppointment#by central govt.$est are same except jurisdiction above one crore & salary as prescribed bycentral govt.