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A presentation on
“Consumer Protection Act”
Prepared by….• Gourab Deb.• Bikram Sarkar. • Subendu Halder.• Subhrajit Ghosh.• Rupam Chandra nath
Who is a Consumer?
A ”consumer” is a person who buys any goods or
hires any service for valuable consideration (including
deferred payment). The term does not include a person
who obtains goods or services for resale or for any
commercial purpose. However, persons who avail
goods or services exclusively for the purpose of earning
their livelihood by means of self employment are
considered as ‘consumers’.
Who is not a consumer
I. He obtains the goods for “resale” or for any “commercial
purpose”; or
II. Buys goods without consideration; or
III. Hires or avails of any services without consideration; or
IV. Uses the goods without the approval of the person who has
bought the goods for consideration; or
V. Is beneficiary of services without the consent of the person who
has hired the services for consideration; or
VI. He obtains service under a contract of personal service.
VII.He avails of services for any commercial purpose.
CONSUMER RIGHTS
Rights 1 to 6 are directly guaranteed under the Consumer
Protection Act 1986 while Rights 7&8 are implied under the
Constitution of India.
1. Right to safety
Right to be protected against marketing of goods or services
which are hazardous to life and property.
2. Right to information
Right to be informed about the quality, quantity, potency, purity,
standard and price of goods or services as the case may be, so as to
protect the consumer against unfair trade practices.
3. Right to choose
Right to be assured, wherever possible, access to a variety of
goods and services at competitive prices.
4. Right to be heard
Right to be heard and to be assured that consumer’s interest will
receive due consideration at appropriate fora.
5. Right to redressal
Right to seek redressal against Unfair Trade Practices or
Restrictive Trade Practices or unscrupulous exploitation of consumers.
6. Right to consumer education
Right to acquire knowledge and skills needed for taking action to
influence factors which affect consumer decisions
8. Right to basic needs
Right to basic needs ensures basic goods and services which
guarantee survival. It includes adequate food, clothing, shelter,
health
care, education and sanitation to lead a decent life.
7. Right to Healthy Environment
The right to physical environment that will enhance the quality of
life. It includes protection against environmental dangers over which
the individual has no control. It acknowledges the need to protect and
improve the environment for present and future generations.
RESPONSIBILITIES OF CONSUMERS
1. BEFORE BUYING
•Planning in advance
•Enquiring past performance of product / service
•Enquiring about reputation and past performance of
producer / seller / service provider
WHILE BUYING
•Asking for demonstration regarding how to operate / use the
product/service
•Enquiring about after-sales service and ensuring availability,
phone number, address and e-mail of service canter
•Reading and knowing the contents of guarantee / warranty
card
•Insisting for approved sale bill with serial number, address,
phone number, etc.
•Obtaining guarantee / warranty card and getting it
signed/sealed by dealer
AFTER BUYING
•Using products as per instruction given in user manual
•Keeping bills and guarantee card safely
•In case of fault inform dealer and service centre. Do not
meddle or repair yourself
•Keeping record for all correspondences
•Seek immediate redressal of deficiency in product. CONSUMER
PROTECTION ACT, 1986
The Act envisages a three tier quasi judicial system. They are
known as
(i) District Consumer Disputes Redressal Forum
(ii) State
Consumer Disputes Redressal Commission and
(iii) National Consumer
Disputes Redressal Commission
Features of Consumer Protection Act, 1986 and filing of complaints
1.Simple formalities
2.Advocates not compulsory
3.Consumers themselves can conduct cases
4.Complaints may be sent even through Registered Post
5.Registered Consumer Organisations or Government can also file
complaint on behalf of consumer(s)
6.Less expensive
7.Compensation can be claimed for the loss suffered including
mental agony
Protection offered by Consumer Protection Act, 1986 against:
A. Deficiency in product or service.
B . Poor aftersales service.
C. Damage/Loss to health, life and property due to
Product.
D. Hazards arising out of product/service.
E. Unjust enrichment through unfair means.
F. Misleading advertisements
G. Unfair Trade Practices
H. Restrictive Trade Practices (like tie-up sales)
I. Violations of any other applicable laws or regulations
Nature of complaint:
• Any unfair trade practice or restrictive trade practice adopted ;by the trader.
• Defective goods.
• Deficiency in service.
• Excess price charged ;by the trader.
• Unlawful goods sale, which is hazardous to life and safety when used
Consumer Disputes Redressal Forums (District Forum)
Claims less than or equal Rs.20 lacs.
Consumer Disputes Redressal Commissions (State Commission)
Claim more than Rs.20 lacs & less than Rs.1 crore & appeals.
National Consumer Disputes Redressal Commission (National
Commission)
Claim equal to Rs.1 crore & appeals
FORUM & JURISDICTION
settlement mechanismProcesses:
•Consumers are encouraged to go to the supplier as their first port of call to resolve the dispute.•If there is no resolution, refer the matter to a Dispute Resolution Agent, who will attempt to resolve the matter through an Alternative Dispute Resolution process.•Then referral by the NCC of minor matters to Provincial Office who will escalate the matter to Provincial Consumer Courts.•Then the Commission/ Tribunal as the last resolution to individual complaints.The National Consumer Commission will investigate complaints, and refer cases to the Consumer Tribunal. The Consumer Tribunal will have authority to declare the act contravened, order changes in practice, impose administrative fines and interdict future prohibited practices.
WHERE TO COMPLAIN
• Consumer Help Line, via• the dti Customer Contact Centre: 0861 843 384• the dti Office of Consumer Protection (OCP) : (012) 394 1436 / 1558 /1076• E-mail: [email protected] This e-mail address is being protected from
spambots. You need JavaScript enabled to view it• the dti Website: www.thedti.gov.za• National Consumer Tribunal (NCT): (012) 663 5615• NCT E-mail: [email protected] This e-mail address is being protected
from spambots. You need JavaScript enabled to view it• NCT Website: www.thenct.org.za • Other Useful Contact Details in the Consumer Realm:• Government Bodies• Consumer Commission• Public Protector• Department of Trade and Industry (DTI)• Provincial Consumer Protection Offices• Consumer NGO’s• South African National Consumer Union
ESSENTIAL INFORMATION IN THE APPLICATION
Name and full address of complainant
Name and full address of opposite party
Description of goods and services
Quality and quantity
Price
Date & proof of purchase
Nature of deception
Type of redressal prayed for
Role of consumer forum
The consumer court is the main thing to create the awareness about the
consumer rights. If there is any difficulty when buying and selling some things,
then the consumer court will help to the consumers to get rid form that
particular problem. If the consumer not satisfied in the product or services,
then they can apply in the court to get the justice and compensation.
For example: if you have the complaint related to the buying the computer
accessories, then you have to take the computer and accessories forum and that
has the sub forums, like desktop computer, laptops, computer hardware and
software and you will choose the sub forums depends on your complaint. This
kind of forum has all kind of filed. You can give the complaint about anything
through this site without the knowledge of the police and court. And definitely
you can get the right justice for your case. Through the helps of these sites
filing complaint based on the consumer rights become so easy.
consumer awareness program
The CAP is a voluntary program established in 1986 (and later
updated in 2001) by the manufacturers of CCA products to inform
consumers about the proper handling, use and disposal of CCA-treated
wood. Under this program, information is disseminated to consumers
upon purchasing CCA-treated wood products via Consumer Safety
Information Sheets and/or tag labeling applied directly to the wood
products. EPA worked with the wood preservative industry,
registrants, major retailers, and public interest groups to expand the
program to include precautionary labeling on all pieces of CCA-
treated lumber, in-store displays and additional information available
to the public.
CONSUMER PROTECTION ACTIVITIES by Govt.
•Establishment of Citizen Consumer Clubs in every educationalInstitution•Providing consumer education to rural masses through Women SelfHelp Groups / Panchayat Level Federations and through ResidentsWelfare Associations / Apartment Owners Associations in Urbanareas •Generating awareness through sectorial work shops / seminars •Publication and distribution of monthly magazine under the caption“Tamil Nadu Nugarvor Kavasam”•Propagating consumer awareness messages through Radio /Television Media and short video films With the motive of developing Citizen as “Valuable Consumer”various consumer organizations are serving together with Governmentof Tamil Nadu in providing consumer education to general public.