consumerprotection-100924080618-phpapp02
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CONSUMERPROTECTION :(STRIVINGTOWARDSMAKINGTHE
CONSUMERAKING)
PRESENTED BY: SUBMITTED TO:
AYUSHI GUPTA GAUTAM SIR
MBA HIMCS
SEMII
SECTION-A
HIMCS
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CONSUMER :MEANING
Acc. To section 2(d) of consumer protectionact,1986, consumer means any person who:
i) buys any goods for a consideration which hasbeen paid or promised or partly paid and partlypromised
ii) hires or avails of any services for a considerationwhich has been paid or promised or partly paid andpartly promised .
Thus ,if any person : either
i) buys any goods for a consideration
ii) hires or avails of any services ,he is a consumer
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CONSUMERPROTECTION : CONCEPT
Some of the important factors of consumerprotection are:
i) international endeavours
ii) consumers cooperatives iii) public sector consumer movements
iv) consumer advocates
v) legal measures
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CONSUMERPROTECTION: NEEDASSESSMENT
Some of the factors are:
i) high prices of goods and services
ii) monopoly by public sector
iii) short supply of goods and services iv) uncreative discounts
v) incorrect weight or quantity
vi) legal limitations
vii) lack of awareness
viii) advertisements leading to confusion
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ix) incomplete information
x) adulterated goods
xi) lack of competetion
xii) consumers are not well organised
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CONSUMERPROTECTION: GOVERNMENTLEGISLATION
These include:
i) agriculture produce Act,1937
ii) The Essential Commodities Act,1955
iii) The Weights And Measures Act ,1958 iv) The Drugs and Cosmetics Act ,1940
v) Packaged Commodities Order,1975
vi) Monopolies and Restrictive Trade Practices
Act,1969 vii) Consumer Protection Act,1986
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CONSUMERPROTECTIONACT,1986
This act was enacted by Indian parliament inDecember 1986. this was implemented on 15thapril,1987. further in 1993 and 2002 manyprovisions were amended by act.
This act is implemented all over India except inJammu and Kashmir .
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RIGHTSOFCONSUMERS
Section 6 of the act enshrines the following rights ofconsumers:
The right to be protected against the marketing ofgoods and services which are hazardous to life &property.
The right to be informed about the quality, quantity,potency, purity, standard, and price of goods orservices
The right to be assured ,wherever possible ,accessto a variety of goods and services at competitiveprices.
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The right to be heard and to be assured thatconsumers interest will receive due consideration atappropriate forums.
The right to seek redressal against unfair tradepractices or unscrupulous exploitation ofconsumers.
The right to consumer education.
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WHOCANFILEACOMPLAINT
1) A Consumer
2) Any voluntary consumer organisation registeredunder the societies registration act,1860
3) The Central Government 4) The State Government or Union Territory
Administration
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WHATCONSTITUTESACOMPLAINT
If consumers have suffered loss as result of anyunfair trade practices adopted by the trader.
If the goods purchased suffer from any defect
If the services hired of suffer from deficiencies inany respect
If consumers have been charged a price in excessof the price displayed or fixed
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CONSUMERPROTECTIONCOUNCILS
Act provides for establishment of a centralconsumer protection council by the centralgovernment and state and district consumerprotection councils by the state government
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CENTRALCONSUMERPROTECTIONCOUNCIL
As per section 3 of this council it is composed of150 members:
i) the chairman shall be the minister in charge ofdepartment
ii) vice chairman shall be the minister of state
iii) the minister of food and civil supplies
iv) 8 members of parliament -5 from the lok sabha
and three from the rajya sabha v) the commissioner of scheduled castes and tribes
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vi) representatives of the central governmentdepartments
vii) representatives of the consumer organisations
viii) representatives of women-not less than 10 ix) representatives of farmers
x) secretary in the department of civil supplies shallbe the member-secretary to the central council
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THESTATECONSUMERPROTECTIONCOUNCIL
As per section 7(2) of the act council shall consistof:
a) the minister incharge of consumer affairs
b) such number of other official or non-officialmembers representing such interests as may beprescibed the state government.
c) such number of other official or non-officialmembers ,not exceeding 10.
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THEDISTRICTCONSUMERPROTECTIONCOUNCIL
As per section 8-A (2) of the act the districtconsumer council shall consist of followingmembers:
a) the collector of the district who shall be thechairman
b) such number of other official or non-officialmembers representing such interests as may beprescibed by the state government.
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CONSUMER DISPUTES REDRESSALAGENCIES
Section 9 of the consumer protection act providesfor the establishment of a three tier consumerdisputes redressal system at the district, state, andnational level.
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CONSUMERPROTECTION: AMOUNTOFFEE
S.NO. TOTAL VALUE OF GOODS OR SERVICES
AND THE COMPENSATION CLAIMED
AMOUNT OF
FEE
1.
2.
3.4.5.
DISTRICT FORUM-Upto one lakh rupees-for complaints who areunder below poverty line.-Upto one lakh rupees-other than antodayaanna yojana card holders.
-Above one lakh and upto five lakh rupees-Above five lakh and upto ten lakh rupees-Above ten lakh and upto twenty lakh rupees
NIL
100
200400500
STATE COMMISSION
6.
7.
- Above twenty lakh and upto fifty lakhrupees- Above fifty lakh and upto one crore rupees
2000
4000
NATIONALCOMMISION
8. - Above one core rupees 5000
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HOWTOFILEACOMPLAINT
The name , description and address of thecomplainants and the opposite party.
The facts relating to complaint and when and whereit arose
Documents in support of allegations in thecomplaint
The relief which the complainant is seeking
The complaint should be signed by the complainantor his authorised agent.
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REMEDIALACTIONS
To remove the defect pointed out
To replace the goods with new goods of similardescription.
To return to the complainant the price Not to offer the hazardous goods for sale
To discontinue the unfair trade practice
To withdraw the hazardous goods from being
offered for sale To provide for adequate costs to parties
To remove the defects or deficiencies in theservices in question.
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SUGGESTIONSLEADINGTOBETTERCONSUMERPROTECTION
There should be more and more awareness on thepart of consumers.
More and more NGOs ,civil society organisations
should come forward
The consumer should lodge a specific complaintwith supporting information
The consumer should try to understand the view-point of the seller before making a complaint.
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THANK YOU