CONSUMER PROTECTION

MEANING OF CONSUMER PROTECTIONTO PROTECT THE CONSUMERS

AGAINST THE UNFAIR PRACTICES OF THE PRODUCERS AND SELLERS IS CALLED CONSUMER PROTECTION

CONSUMERS ARE THE KING OF THE MARKET AND HIS EVERY NEEDS AND DEMAND IS TO BE FULLFILED AND PROTECTED AGAINST ANY KIND OF MISLEADING ACTIVITIES.

HOW ARE CONSUMERS EXPLOITEDTHROUGH ADULTERATION OF CONSUMER

GOODSPOOR QUALITY OF GOODS AND SERVICESMISLEADING ADVERTISEMENTSHORT MEASURE AND UNDER WEIGHT

GOODSCREATION OF ARTIFICIAL SCARCITY BY

HOARDING GOODS

EXAMPLES OF CONSUMER EXPLOITATION IN INDIA

A Manufacturer of sunflower oil claims in the advt. published in a national daily that his oil is rich in vitamins, minerals and so on. On testing all claims were found false.

Instant noodles can only be sold in the packing of 100 gms but in case of some manufacturers there are just 80 gms noodles in the packet.

A women get admitted in a hospital for an appendix operation but doctors treated her negligently and removed her gall bladder instead of appendix and as a result the women died.

Who is a consumerA person will be termed as consumer if : (i) he buys goods or hires services for

consideration(ii) he uses goods with the approval of

the buyer(iii) he uses goods bought or services

hired exclusively for earning livelihood by self employment

Legal protection to consumers

The Consumer Protection Act 1986

The Contract Act 1982

The Sales of Goods Act 1930

The Essential Commodities Act 1955

The Prevention of Food Adulteration Act 1954

The Standards of Weights and measures Act 1976

The Trade Mark Act 1999

The Competition Act 2002

Consumer Protection Act 1986 Consumer Protection Act provides

protection to the consumer, passed by the parliament in 1986 and came into force with affect from July 1987.The Act extends to whole of India except the state of Jammu and Kashmir .It was amended twice i.e. in 1993 and 2003. The act provides for the formation of Consumer Protection Councils both at the centre and in the states.

Salient features of Consumer Protection Act

Coverage of items : This act is applicable on all products and services.

Coverage of sector: This act is applicable to all areas whether private , public or cooperative .

Compensatory nature of provisions as it compensates the consumer for the losses .

Group of consumer’s rights.Effective safeguards

IMPORTANCE OF CONSUMER PROTECTION

FROM THE CONSUMER’S POINT OF VIEW

CONSUMER’S IGNORANCEUNORGANISED CONSUMER’S

WIDESPREAD EXPLOITATION OF CONSUMER’S

LEGAL PROTECTION TO CONSUMER’S

THE CONSUMER’S PROTECTION ACT 1996THE CONTRACT ACT 1982THE SALES OF GOODS ACT 1930THE ESSENTIALS COMMODITIES ACT 1955THE AGRICULTURAL PRODUCE ACT 1937THE PRESENTATION ACT 1954THE COMPETITION ACT, 2002

FROM THE POINT OF VIEW OF BUSINESS

LONG TERM INTEREST OF BUSINESS

BUSINESS USES SOCIETY’S RESOURCES

SOCIAL RESPONSIBILITYMORAL JUSTIFICATIONGOVERNMENT INTERVENTION

CONSUMER RIGHTSRIGHT TO SAFETYRIGHT TO INFORMATION RIGHT TO CHOOSERIGHT TO BE HEARD RIGHT TO SEEK REDRESSALRIGHT TO CONSUMER EDUCATION

RIGHT TO SAFETYCONSUMER HAS THE RIGHT TO BE PROTECTED AGAINST MARKETING OF SUCH GOODS AND SERVICES AS ARE HAZARDOUS TO HEALTH, LIFE AND PROPERTY.

RIGHT TO INFORMATIONCONSUMER HAS THE RIGHT TO

GET ALL NECESSARY INFORMATION ON THE BASIS OF WHICH HE MAY DECIDE TO BUY GOODS OR SERVICES .

RIGHT TO CHOOSEUNDER THIS RIGHT CONSUMER CAN CHOOSE ANY FROM AMONG THE VARIETY OF GOODS AND SERVICES AVAILABLE IN THE MARKET.

RIGHT TO BE HEARDCONSUMER HAS THE RIGHT TO FILE A

COMPLAINT AND TO BE HEARD IN CASE OF DISSATISFACTION WITH A GOOD OR A SERVICE.

RIGHT TO EDUCATIONCONSUMER HAS THE RIGHT TO

ACQUIRE KNOWLEDGE AND TO BE A WELL INFORMED CONSUMER THROUGHOUT LIFE.

Consumer’s Responsibilities

Consumers must exercise his Rights.Cautious consumer do not buy

blindly.Filing complaint for the Redressal of

Genuine Grievances.Do not compromise on Quality.Beware of false advertisement.Don’t forget to take receipt and

guarantee card.

CASE MS SOFIA ,A

CONSUMER PURCHASED MEDICINES WITHOUT NOTICING THE DATE OF EXPIRY.SHE ALSO DID NOT OBTAIN THE CASH MEMO.DO YOU THINK SHE WILL BE ABLE TO PROTECT HERSELF BY THE LOSS CAUSED DUE TO EXPIRED MEDICINE?

RESPONSIBILITIES OF CONSUMER

CONSUMER HAVE TO BEAR SOME RESPONSIBILITIES TO PREVENT HIMSELF FROM EXPLOITATION.

1.CONSUMER MUST EXERCISE HIS RIGHTS. CONSUMER IS

GRANTED VARIOUS RIGHTS BUT THESE RIGHTS WILL BE USEFUL ONLY WHEN CONSUMER EXERCISES THEM.

2.CAUTIOUS CONSUMER CONSUMER

SHOULD NOT BLINDLY BELIEVE ON THE WORDS OF THE SELLER.HE MUST INSIST ON GETTING FULL INFORMATION.

3.FILING COMPLAINTS FOR REDRESSAL THE CONSUMER

SHOULD NOT IGNORE HIS LOSS HE SUFFERS ON PURCHASE OF DEFECTIVE GOODS AND SERVICES.HE MUST FILE A COMPLAINT EVEN FOR A SMALL LOSS.

4.CONSUMER MUST BE QUALITY CONSCIOUS CONSUMER

SHOULD NOT COMPROMISE WITH THE QUALITY OF THE PRODUCT.HE SHOULD LOOK FOR QUALITY MARKS SUCH AS ISI,AGMARK ETC.

5.DO NOT GET CARRIED AWAY BY ADVERTISEMENTS

CONSUMER SHOULD NOT BELIEVE BY JUST SEEING THE ADVERTISEMENT. HE SHOULD SEE THE ACTUAL USE OF THE PRODUCT.

6.INSIST ON CASH MEMO CASH MEMO IS

THE EVIDENCE OR PROOF THAT CONSUMER HAS PAID FOR THE GOOD OR SERVICE.TO FILE A COMPLAINT EVIDENCE IS NEEDED.HENCE HE SHOULD ASK FOR CASH MEMO.

Three tier Judicial Machinery under the Consumer Protection Act

District Forum at district level (upto 20 lakh)

State commission at state level (above Rs 20 lakh but less than 1 crore).

National commission at national level (exceeding Rs 1 crore).

WAYS AND MEANS OF CONSUMER PROTECTION

SELF REGULATION BY BUSINESS

BUSINESS ASSOCIATIONCONSUMER AWARENESSCONSUMER ORGANISATION

GOVERMENT

ROLE OF CONSUMERORGANISATIONS&NON GOVERNMENT ORGANISATIONS

ACCELARATING CONSUMER AWARENESS

COLLECTING DATA ON DIFFERENT PRODUCTS

EXTENDING SUPPPORT TO GOVERNMENT

HELPING EDUCATIONAL INSTITUTIONS

FILING SUIT ON BEHALF OF CONSUMERS

SAURABH JAITLYPGT COMMERCE