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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