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Who is a Consumer? A ”consumer” is a person who buys any goods or hires any service for valuable...

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A presentation on “Consumer Protection Act” Prepared by …. Gourab Deb. Bikram Sarkar. Subendu Halder. Subhrajit Ghosh. Rupam Chandra nath
Transcript
Page 1: 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.

A presentation on

“Consumer Protection Act”

Prepared by….• Gourab Deb.• Bikram Sarkar. • Subendu Halder.• Subhrajit Ghosh.• Rupam Chandra nath

Page 2: 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.

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’.

Page 3: 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.

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.

Page 4: 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.

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.

Page 5: 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.

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

Page 6: 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.

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.

Page 7: 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.

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

Page 8: 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.

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

Page 9: 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.

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

Page 10: 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.

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

Page 11: 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.

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

Page 12: 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.

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

Page 13: 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.

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

Page 14: 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.

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

Page 15: 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.

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.

Page 16: 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.

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

Page 17: 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.

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

Page 18: 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.

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.

Page 19: 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.

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.

Page 20: 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.

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.

Page 21: 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.

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