CONSUMER PROTECTION : (STRIVING TOWARDS MAKING THE CONSUMER A KING)

PRESENTED BY: SUBMITTED TO:

AYUSHI GUPTA GAUTAM SIR

MBA HIMCS

SEM –II

SECTION-A

HIMCS

CONSUMER :MEANING

Acc. To section 2(d) of consumer protection act,1986, ‘consumer’ means any person who:

i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised

ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised .

Thus ,if any person : either i) buys any goods for a consideration ii) hires or avails of any services ,he is a

consumer

CONSUMER PROTECTION : CONCEPT

Some of the important factors of consumer protection are:

i) international endeavours ii) consumer’s cooperatives iii) public sector consumer movements iv) consumer advocates v) legal measures

CONSUMER PROTECTION: NEED ASSESSMENT

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

ix) incomplete information x) adulterated goods xi) lack of competetion xii) consumers are not well organised

CONSUMER PROTECTION: GOVERNMENT LEGISLATION

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

CONSUMER PROTECTION ACT,1986

This act was enacted by Indian parliament in December 1986. this was implemented on 15th april,1987. further in 1993 and 2002 many provisions were amended by act.

This act is implemented all over India except in Jammu and Kashmir .

RIGHTS OF CONSUMERS

Section 6 of the act enshrines the following rights of consumers:

The right to be protected against the marketing of goods and services which are hazardous to life & property.

The right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services

The right to be assured ,wherever possible ,access to a variety of goods and services at competitive prices.

The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums.

The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

The right to consumer education.

WHO CAN FILE A COMPLAINT

1) A Consumer 2) Any voluntary consumer organisation

registered under the societies registration act,1860

3) The Central Government 4) The State Government or Union Territory

Administration

WHAT CONSTITUTES A COMPLAINT

If consumers have suffered loss as result of any unfair trade practices adopted by the trader.

If the goods purchased suffer from any defect If the services hired of suffer from

deficiencies in any respect If consumers have been charged a price in

excess of the price displayed or fixed

CONSUMER PROTECTION COUNCILS

Act provides for establishment of a central consumer protection council by the central government and state and district consumer protection councils by the state government

CENTRAL CONSUMER PROTECTION COUNCIL

As per section 3 of this council it is composed of 150 members:

i) the chairman shall be the minister in charge of department

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

vi) representatives of the central government departments

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 shall be the member-secretary to the central council

THE STATE CONSUMER PROTECTION COUNCIL

As per section 7(2) of the act council shall consist of:

a) the minister incharge of consumer affairs b) such number of other official or non-

official members representing such interests as may be prescibed the state government.

c) such number of other official or non-official members ,not exceeding 10.

THE DISTRICT CONSUMER PROTECTION COUNCIL

As per section 8-A (2) of the act the district consumer council shall consist of following members:

a) the collector of the district who shall be the chairman

b) such number of other official or non-official members representing such interests as may be prescibed by the state government.

CONSUMER DISPUTES REDRESSAL AGENCIES

Section 9 of the consumer protection act provides for the establishment of a three tier consumer disputes redressal system at the district, state, and national level.

CONSUMER PROTECTION: AMOUNT OF FEES.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 are under below poverty line.-Upto one lakh rupees-other than antodaya anna 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 lakh rupees- Above fifty lakh and upto one crore rupees

2000

4000

NATIONALCOMMISION

8. - Above one core rupees 5000

HOW TO FILE A COMPLAINT

The name , description and address of the complainants and the opposite party.

The facts relating to complaint and when and where it arose

Documents in support of allegations in the complaint

The relief which the complainant is seeking The complaint should be signed by the

complainant or his authorised agent.

REMEDIAL ACTIONS

To remove the defect pointed out To replace the goods with new goods of

similar description. 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 the

services in question.

SUGGESTIONS LEADING TO BETTER CONSUMER PROTECTION

There should be more and more awareness on the part of consumers.

More and more NGO’s ,civil society organisations should come forward

The consumer should lodge a specific complaint with supporting information

The consumer should try to understand the view-point of the seller before making a complaint.

THANK YOU