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Consumer protection act 1986. Name :- parmar jayshri v. Roll no.:-35 Submitted to :- Dr. Daxamadam Date :- 23/1/2018. OVERVIWE. Introduction What is consumer protection act? Definition Who is consumer? Who is not consumer? Complaint Who can file complaint? Filing of complaint
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Consumer protection act 1986 Name :- parmar jayshri v. Roll no.:-35 Submitted to :- Dr. Daxamadam Date:- 23/1/2018
OVERVIWE • Introduction • What is consumer protection act? • Definition • Who is consumer? • Who is not consumer? • Complaint • Who can file complaint? • Filing of complaint • Objective • Jurisdiction forum • council • Rights • Need • Features • Responsibility • Relief • Penalty
introduction • The Indian parliament enacted this legislation in December, 1986. • It comes into force on April 15, 1987. • By July 1997 all provisions come into operation. • The object of legalisation, as the preamble of the act proclaims, is ‘for better protection of the interests of consumers’. • During the last few years preceding the enactment there was in these company a marked awareness among the customer of goods and services that they were not getting their money’s worth and were being exploited by both traders and manufacture of consumer goods. • The needs for consumer redressal Fora was, therefore, increasingly felt.
Cont…………. • Understandably, therefore, legislation was introduced and enacted with considerable enthusiasm and fanfare as a path – breaking benevolent legislation intended to protect the consumer from exploitation by unscrupulous manufactures and trades of consumer goods. • A three-tier fora comprising the district forum, state commission and the national commission come to be envisaged under the act for redressal of grievances of consumer. • Its make the provision for the established of consumer council and other authorities for the settlement of consumer disputes and for matters connected their with also.
What is a consumer protection act ? • A consumer protection act is piece of legislation that is passed with regard to the provision and administration of protecting the rights of consumer within a country or nation. • Within the spectrum of both commercial law and consumer law, there exit a variety of roles which are undertaken participatory individuals and groups operating within the scope of the commercial marketplace. • A consumer protection act ensures that the rights of all involved parties are protected with regard to both the regulation of activity undertaken, in addition to ensuring that ethical end legal practise are employed.
definition • “consumer protection law-legal definition. A state or federal law designed to project consumer against improperly described damaged,faulty,and dangerous goods and services as well as from unfair trade and credit practices.”
Who is consumer ? • Any person who buys any commodity or service or is a user of such commodity or service is knows as consumer. • Any person must satisfy two condition to claim himself as a consumer: • 1 .the service must have been rendered to him • 2. he must have paid or promised to pay for the same • If any person buy capital goods to provide services to other individuals, then he is also recognised as consumer.
Who is not consumer ? • If any person buys a commodity with an intention to resale • A person who obtains services without consideration • A person who obtain services for commercial purpose • Person who filed suits in courts.
Complaint • That he has suffered loss or damage as a result of any unfair trade practice or a restrictive trade practice adopted by any trader; • The goods bought by him or agreed to be bought by him suffer from one or more defect; • The services hired or availed or agreed to be hired or availed by him suffer from deficiency in any respect;
Who can filed complain? • 1.A consumer • 2. Any voluntary consumer association registered under the companies act 1986 • 3. the central government • 4. the state government or union territory administration. • 5. one more consumer on behalf of the humerous consumer consumer who are having the same interest.
objective • To protect the consumer from abuse • To provide a venue for grievance/redress. • To ensure a better quality of living by improving the quality of consumer product & services. • To protect against rights. • To protect against unfair trade practices.
Jurisdiction forum District forum: • Pecuniary limits: value of goods or services & compensation if any, claimed is up to Rs.20 lakhs. A. If any of the opposite party • ordinarily resides or • Carries on business or • Personally work for gain or • Has a branch office or
Con…. B. The cause of action arises within the local limits of its jurisdiction. 2.Jurisdictionofstatecommission : the jurisdiction of the state commission is as follows: original, appellate, revisionary jurisdiction. 1. Original jurisdiction: the state commission can entertain complaints where the value of the goods or services and the compensation ,if any ,claimed exceed Rs.20 lakhs. But does not exceed Rs.1 crore{pecuniary limits}
Con… • 1.state commission can entertain complaints if any of the opposite party ordinarily reside or carries on business or personally work for gain or has a branch office or t5he cause of action arise within the local limits of its jurisdiction{territorial limits} • 2. appellatejurisdiction: the state commission also has the jurisdiction to entertain appeals against the orders of any district forum within the state. • 3.reversiondryjurisdiction: the state commission also the hoe the power to call for the records and pass appropriate orders is any consumer dispute which is pending before or has been decided by district forum of the same state.
Con… • Nation forum: it takes up all cases exceeding the value of Rs.1 crore .
Council:- • The central consumer council: • The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council • The Central Council shall consist of the following members, namely :— • (a) the Minister In charge of 1[consumer affairs] in the Central Government, who shall be its Chairman, • (b) Such number of other official or non-official members representing such interests as may be prescribed. Procedure for meetings of the Central Council.
The state consumer protection council:- The state council shall consist of the following member namely – • The minister incharge of consumer affairs in the state government who shall be chairmen. • Such number of other official or non official member representation such interest as may be prescribed by the state government. • Such number of other official or non official members, not exceeding ten, as may be nominated by the central government. • the state council shall meet as and when necessary but not less than 2 meetings shall be held every year.
Con.. Composition: it shall have 150 member namely: • the central minister in charge of consumer affairs shall be the chairmen . • The minister of state in the department of civil supplies (without independent charge )shall be vice chairmen. • 8 MPs (5 from Lok sabha an 3 from Rajya sabha) • SC and ST comity member. • 20 representative of the central government department concerned with consumer interest.
Con… • at least 10 representative of women. • 20 representative of farmers ,trade and industries. • 15 member capable of representing consumer interest. • Objects (sec 6) • The right against marketing of hazardous goods and services. • The rights against unfair trade practices. • The right to get be heard to consumer’s interest receives due consideration at different forums. • The right to be redressed against unfair trade practices.
Where the complaints can be filed? • District forum : the value of goods and compensation claim does not exceed rs. 20lakh. • Sate commission :the value of goods and compensation is more than 20 lakh but does not exceed 1 crore. • National commission : it take up all cases exceeding the value of 1 crore.
Rights Safety . Education Inform Rights of consumer Choice Heard Redressal
Explain Rights:- • To be protected against marketing of hazardous, goods and services. • To about informed about the quality, quantity , potency, purity, standard and price of goods, or services(to protect against unfair trade practices). • Access to variety of goods and services at competitive price. • To be heard appropriate forum. • To seek redressal against unfair trade practices. • Right ton consumer education.
Needs • Protection from exploitation • Consumer education • Redressal of complaints • Bulletins and periodicals • Encouraging honest businessmen • Connecting link • Unity • Quality life for consumer • Getting public support • Ethical obligation.
Responsibility 1.consumer must exercise his right 2.Cautious consumer 3.Filling complaints for the redressal of genuine grievances. 4.Consumer must be quality conscious 5.Do not be carried away by advertisements 6.Insist on cash memo
Reliefs A. Repair of defective goods. B. Replacement of defective goods. C. Refund of price paid for the defective goods or service. D. Remove of deficiency in service. E. Refund of extra money charge. F. Withdrawal of goods hazardous to life and safety. • Grant of punitive damage .their grievances in an effective and simple manner.
Explain Rights:- • To be protected against marketing of hazardous, goods and services. • To about informed about the quality, quantity , potency, purity, standard and price of goods, or services(to protect against unfair trade practices). • Access to variety of goods and services at competitive price. • To be heard appropriate forum. • To seek redressal against unfair trade practices. • Right ton consumer education.
Features of CPA • It applies to all goods , services and unfired trade practices specifically exempted by the central government. • It covers all factors whether private, public or cooperative. • It provides for establishment of consumer protection councils as the central , state and district levels to promote and protect the rights of consumers and a 3 tires quasijudicial machinery to deal with consumer grievance and disputes.
Penalties:- • Where a trader or a person against whom a complaint is made fails or omits to company with any order made by the district forum, the state commission or the national commission. • Such trader or person shall be publishable with imprisonment for a term which shall not be less than one month but which may extended to 3 years or with fine which shall not be less thanRs. 2000 But which may extend to Rs.10000 or with both.
