Prof. A.N.Gupta, Delhi University 1 CONSUMER PROTECTION Are you serious ?
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Prof. A.N.Gupta, Delhi University1 CONSUMER PROTECTION Are you
serious ?
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Prof. A.N.Gupta, Delhi University2 CHANGE IN SITUATION
Ineffectiveness of previous legislations enacted for protection of
consumers. No specific legislation for protection of consumers for
a long time. Need felt for protecting consumers against
exploitation by manufacturers, traders and service providers a
worldwide phenomenon. This led to enactment of Consumer Protection
Act, 1986(say CPA) CPA was initially a Toothless Tiger
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Prof. A.N.Gupta, Delhi University3 U.N. RESOLUTION ON CONSUMER
PROTECTION Consumer Protection Resolution No. 39/248 dated
09.04.1985 of the General Assembly of the U.N.O. The initiative was
taken by the Secretary General, United Nations, when he submitted
draft guidelines for consumer protection to the Economic &
Social Council (UNESCO) in 1983 India is a signatory to the said
Resolution.
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Prof. A.N.Gupta, Delhi University4 OBJECTIVES BEFORE U.N.O. To
assist countries in providing adequate protection for their
population/consumers. To encourage high levels of ethical conduct
on the part of producers and distributors of goods and providers of
services. To assist countries in curbing abusive business
practices. To facilitate the development of consumer groups. To
further international cooperation in the field of consumer
protection.
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Prof. A.N.Gupta, Delhi University5 CONSUMER PROTECTION ACT 1986
Provision for three tier system District Fora, State Commissions
and National Commission. Consumer Fora are headed by persons with
judicial background (normally retired judges). Technicalities of
procedures stated in CPC are dispensed with (summary procedures
prescribed) A consumer may conduct his case on his own. Proceedings
are conducted as per Rules of Natural Justice.
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Prof. A.N.Gupta, Delhi University6 SERVICE DEFINED IN Section 2
(1) (o) of CPA [Indian Medical Association v/s V.P. Santha &
Ors.] Main Part explanatory in nature and defines service to mean
SERVICE OF ANY DESCRIPTION which is made available to potential
users. Inclusionary Part - includes the provision of facilities in
connection with banking, finance, insurance, transport, supply of
electricity, telephones, housing construction, etc. Exclusionary
Part - excludes rendering any service (a) free of charge; and (b)
under a contract of personal service.
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Prof. A.N.Gupta, Delhi University7 Personal Service ?
Relationship of master and servant Involves obligation to obey
orders. Obeying of orders regarding (a) work to be performed and
(b) manner of performance. An employer is not a consumer of
employee
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Prof. A.N.Gupta, Delhi University8 Who can file complaint ?
Section 2(1) (b) of CPA Consumer Voluntary consumer Association
registered under any law. Government (Central and/or State Govt.)
One or more consumers having same interest. Legal heirs of deceased
consumer (Aditya Kumar Saboo vs. M/S Allied Textiles pending in
DF)
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Prof. A.N.Gupta, Delhi University9 What can be the complaint
about? Gross negligence (wrong operation by a doctor, issue of
cheque book to wrong person by bank) Deficiency in service
(defective construction by builder, providing lesser area than
promised, unreasonable delay in repudiation of insurance claims)
Unfair Trade Practice (mis-statements in prospectus IIT,
Priyadarshini college, misleading advertisements) Price of goods or
service (charging more than fixed by law, displayed on goods,
agreed between parties)
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Prof. A.N.Gupta, Delhi University10 Banking R.G. Aggarwals case
(Cheque book) SBI case - PPF matter (Prof. Gulzari Lal) Credit
Cards (A.N. Gupta v/s BOB Cards Ltd. recently decided) Loss of
cheque by bank after its was duly deposited by a customer
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Prof. A.N.Gupta, Delhi University11 WHAT RELIEFS MAY BE GRANTED
UNDER CPA? Removal of defects in goods Replacement of goods with
new ones Return of price paid by complainant Compensation now
punitive damages also Discontinuance of UTPs and RTPs Stop sale of
hazardous goods Corrective advertisements to neutralize the effects
of misleading advertisements Adequate costs to parties
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Prof. A.N.Gupta, Delhi University12 BENEVOLENT INTERPRETATION ?
Neela Vasant Raje vs. Amogh Industries Ltd. III(1993) CPJ 261 (NC)
In interpreting this social welfare legislation, one should be
guided by the principles of benevolent interpretation. Which will
help to promote and achieve the objects and purposes of the Act
namely, to protect the interests of consumers Which will suppress
the evil sought to be remedied by the statute - namely, the
unscrupulous exploitation of consumers
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Prof. A.N.Gupta, Delhi University13 FUNNY DECISIONS Vipin
Chawla Order passed in favour of a seller of shares to stock broker
M.M. Gupta No clause no. 4.01 in Policy Delhi S.C. pressurized for
compromise by court Holiday resort matters whether relating to
immovable properties? Prof. B.K. Rohatgi A.N. Gupta vs. Lohia
Machines Ltd. - Rs. 6.12 + Rs. 87.45 case (Award Rs. 100/-) Long
sentences u/s 27 CPA (Tirupati 182 years)
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BUILDER ASKED TO REFUND DEPOSITS Prof. A.N.Gupta, Delhi
University14
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A HOUSE FOR MR. CONMAN To be in jail for 182 years ? Prof.
A.N.Gupta, Delhi University15
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IT IS PAYBACK TIME Prof. A.N.Gupta, Delhi University16
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SENTENCE FOR NOT REFUNDING CAR BOOKING AMOUNT Prof. A.N.Gupta,
Delhi University17
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SENTENCE FOR 182 YEARS Prof. A.N.Gupta, Delhi University18
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SENTENCE KIKS OFF LEGAL DEBATE Prof. A.N.Gupta, Delhi
University19
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Prof. A.N.Gupta, Delhi University 20
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Prof. A.N.Gupta, Delhi University21
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THANK YOU Prof. Amar Nath Gupta 98713-59739, 099499-59739
[email protected] Presentation at PGDAV COLLEGE., University
of Delhi on 17 th December.2009 22