consumer protection (1)

7/27/2019 Consumer Protection (1)

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ABHITESH BHAGAT 1


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Enacted to protect the interest of consumer.

The act is social welfare benefit oriented legislation for theconsumer provide speedy and simple redressed to consumer

disputes.

Act applies to whole of India except Jammu and Kashmir

The act was amended in 2002 and the amendments came

into force on15th March 2003.

ABHITESH BHAGAT 2


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Complaint means any allegation in writing with a view toobtaining relief for following matters:

An unfair or a restrictive trade practice has been adopted by any trader

or service provider.The goods and service suffers from one or more defects and deficiency. A trader or a service provider has charge for the goods or service at aprice in excess of the price.i.e i. Fixed by law.

ii. Display on goods or packages.

iii. Agreed between the parties. The goods and services which are hazardous to life and safety.

eg. If the trader provider knows that the goods so offered or service soprovided are unsafe.

ABHITESH BHAGAT 3


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Does not include any person who buys goods for resale orcommercial purpose and services for commercial purpose

However any person who buys goods for commercial use butexclusively for his livelihood by means of self employment is aconsumer

An individual who buys products or services for personal use andnot for manufacture or resale. A consumer is someone who canmake the decision whether or not to purchase an item at the store,and someone who can be influenced by marketing and

advertisements. Any time someone goes to a store and purchases atoy, shirt, beverage, or anything else, they are making that decisionas a consumer.

ABHITESH BHAGAT 4


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Fault in the

Quality

Quantity

Potency

Purity

Standards

or

Which is required to be maintained by or under any lawfor the time being in force

ABHITESH BHAGAT 5


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Service means service of any description, which ismade available to potential users and includes, but notlimited to the provisions of the facilities in connectionwith

Banking Financing Transport ProcessingHouse construction Entertainment etc.

But does not include the rendering of any service free ofcharge or under a contract of personal service

ABHITESH BHAGAT 6


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To promote and protect the right of the consumer councils areestablished.

The highest council is the CENTRAL COUNCIL who is jurisdictionfor the entire country.

The STATE COUNCIL who has jurisdiction for state.

Below that is the DISTRICT COUNCIL for each district.

ABHITESH BHAGAT 7


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Forum / Commission Where the value of the goods orservices and the compensation, if anyclaimed,

District Forum Does not exceed Rs. 20 lakhsState Commission Rs. 20 lakhs and above but not

exceeding One Crore

National Commission Above One Crore

Besides, State and National Commission have appellatejurisdiction also.

ABHITESH BHAGAT 8


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A complaint may be filed by

a) The consumer to whom the goods are sold or

services are provided

b) Any recognized consumer association

c) One or more consumers with same interest

d) The central government or state government

ABHITESH BHAGAT 9


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For filling complaint the period is no more than two years.

Where a trader or person fails to comply with any order made byforum shall be punishable with imprisonment up to 1 month whichextends to 3 years.

Or fine of minimum Rs 2000/- which extends to Rs 10,000/-.

Or both.

ABHITESH BHAGAT 10


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consumer protection (1)

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