CONSUMER PROTECTION ACT, 1986

Enacted to provide for the betterprotection of the interest of consumer

Act applies to whole of India exceptJammu and Kashmir

Chapter I, II and IV came into force on15.4.1987. Chapter III came into force on1.7.1987

The act was amended in 2002 and theamendments came into force w.e.f. 15th

March 2003.

WHAT IS A COMPLAINT?

“Complaint” means any allegation inwriting made by a complianant that :I. An unfair trade practice or a restrictive trade

practice has been adopted by any trader orservice provider;

II. The goods bought by him or agreed to bebought by him suffer from one or more defects;

III. The services hired or availed of or agreed to behired or availed off by him suffer fromdeficiency in any respect;

IV. A trader or service provider as the case maybe has charged for the goods or for theservices mentioned in the complaint, a pricein excess of the price

a) fixed by or under any law for the time beingin force;

b) displayed on the goods or any packagecontaining such goods;

c) displayed on the price list exhibited by him byor under any law for the time being in force;

d) agreed between the parties .

V. Goods which will be hazardous to life andsafety when used are being offered for saleto the public –

a) In contravention of any standards relating tosafety of such goods as required to becompiled with, by or under any law for thetime being in force;

b) If the trader could have known with duediligence that the goods so offered are unsafeto the public;

VI. Service which are hazardous or likely t behazardous to the life and safety of thepublic when used, are being offered by theservice provider which such person couldhave known with due diligence to beinjurious to life and safety.

WHO IS A CONSUMER ?

Any person who buys goods or availsservices for consideration

Consideration may be fully paid, partiallypaid or fully promised to be paid or partiallypromised to be paid

Any body who uses the goods or serviceswith the consent of the consumer

Legal heir of consumer in case death of consumer

Does not include any person who buys goods forresale or commercial purpose and services forcommercial purpose

However any person who buys goods forcommercial use but exclusively for his livelihood bymeans of self employment is a consumer.

WHAT IS A DEFECT ?

Fault

Imperfection

Shortcoming In the

Quality

Quantity

Potency

Purity Or

Standards

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

WHAT IS A DEFICIENCY ?

Fault

Imperfection

Shortcoming Or

Inadequacy In the

Quality

Standard and

Manner of performance

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

WHAT IS A SERVICE?

“Service” means service of any description, which is made available to potential users and includes, but not limited to the provisions of the facilities in connection with 1) banking 2) financing 3) insurance 4) transport 5) processing 6) supply of electrical or other energy 7) boarding or lodging or both 8) house construction9) entertainment 10) amusement or 11) the purveying or new or other information

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

CONSUMER DISPUTE REDRESSAL AGENCIES

1) A Consumer Dispute Redressal Forum at the District level.

2) A Consumer Dispute Redressal Commission at the Statelevel.

3) A National Consumer Dispute Redressal Commission atnational level.

JURISDICTION

FILING OF COMPLAINTS

A complaint may be filed by

a) The consumer to whom the goods are sold or services

are provided

b) Any recognised consumer association

c) One or more consumers with same interest

POWER OF CIVIL COURT TO DISTRICT FORUM

The District Forum shall have the powers of Civil Court

while trying a suit in respect of the following matters ;

a) The summoning and enforcing attendance of anydefendant or witness and examining the witness on oath.

b) The discovery and production of any document or othermaterial object producible as evidence.

c) The reception of evidence on affidavit

d) The requisition of the report of the concerned analysis ortest from the appropriate laboratory of from any otherrelevant source.

e) Any other matter which may be prescribed.

RELIEF TO THE COMPLAINANT ?

IF THE COMPLAINT IS PROVED THE FORUM SHALL ORDER

a) to remove defect pointed out by the appropriatelaboratory from the goods in question;

b) to replace the goods with new goods of similar descriptionwhich shall be free from any defect;

c) to return to the complainant the price, or , as the case maybe, the charges paid by the complainant;

d) to pay such amount as may be awarded by it ascompensation to the consumer for any loss or injurysuffered by the consumer due to negligence of theopposite party;

e) To remove the defect in goods or deficiency in the servicesin question.

f) to discontinue the unfair trade practice or the restrictivetrade practice or not to repeat them;

g) not to offer hazardous goods for sale;h) to withdraw the hazardous goods from being offered for

sale;i) to cease manufacture of hazardous goods and to desist

from offering services which are hazardous in nature;j) to issue corrective advertisements to neutralize the effect

of misleading advertisement at the cost of the oppositeparty responsible for issuing such misleadingadvertisement;

APPEAL

shall be filed within thirty days.

Delay in filing appeal may be condoned if there is sufficient cause.

DISMISSAL OF FRIVOLOUS OR VEXATIOUS COMPLAINTS

Where a complaint instituted before the DistrictForum, the State Commission or the NationalCommission, is found to be frivolous or vexatious, itshall, for reasons to be recorded in writing, dismiss thecomplaint and make an order that the complainantshall pay to the opposite party such Cost, notexceeding ten thousand rupees, as may specified in theorder.

NOTE ON CONSUMER PROTECTION ACT, 1986

• A person may be consumer of goods, or services. When Ipurchase a fan, a gas stove or a refrigerator, I could be theconsumer of goods.

• When I open a bank account, take an insurance policy, getmy car repaired, I could be the consumer of services.

• The consumer protection Act, 1986 tries to help a consumerwhen for example, the goods purchased are defective or theservices rendered to him are subject to so deficiency.

• Prior to the consumer Protection Act, 1986 forany consumer complaint one had to go to anordinary Civil Court. He had to engage alawyer, pay the necessary fee, and beharassed for years or decades before anyoutcome, positive or negative, was there inthat litigation.

• Under the Consumer Protection Act, no Courtfee has to be paid and the decision on thecomplaint is much quicker

INFORMATION

TECHNOLOGY ACT

• In order to keep pace with the changing generation, the Indian Parliament passed Information Technology (IT) Act, 2000.

• The Act aims at providing legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communications commonly referred to as…

• Aims at facilitating electronic filing of documents with the government agencies.

• Called the Information Technology Act, 2000.

• Came into force in June,2000

• Extends to whole of India and also to people who contravene the provisions of the act outside India.

Applicability

• The Act applies to the whole of India. It also applies to any offence committed outside India by any person.

• Not applicable…

DIGITAL SIGNATURES: LEGITIMACY AND USE

• The Act has adopted the Public Key Infrastructure (PKI) for securing electronic transactions. A digital signature means an authentication of any electronic record by a subscriber by means of an electronic method

• Thus a subscriber can authenticate an electronic record by affixing his digital signature.

• A private key is used to create a digital signature whereas a public key is used to verify the digital signature and electronic record.

• They both are unique for each subscriber and together form a functioning key pair.

• Further, the Act provides that when any information or other matter needs to be authenticated by the signature of a person, the same can be authenticated by means of the digital signature affixed in a manner prescribed by the Central Government.

• The Act also gives the Central Government powers:

• a) to make rules prescribing the digital signature

b) the manner in which it shall be affixed

c) the procedure to identify the person affixing the signature

d) the maintenance of integrity, security and confidentiality of records or

e) payments and rules regarding any other appropriate matters

• These signatures are to be authenticated by Certifying Authorities (CAs) appointed under the Act. These authorities would inter alia, have the license to issue Digital Signature Certificates (DSCs). The applicant must have a private key that can create a digital signature. This private key and the public key listed on the DSC must form the functioning key pair.

• Once the subscriber has accepted the DSC, he shall generate the key pair by applying the security procedure. Every subscriber is under an obligation to exercise reasonable care and caution to retain control of the private key corresponding to the public key listed in his DSC.

• The subscriber must take all precautions not to disclose the private key to any third party. If however, the private key is compromised, he must communicate the same to the Certifying Authority (CA) without any delay.

DISPATCH & ACKNOWLEDGEMENT-

ELECTRONIC RECORDS

• All electronic records sent by an originator, his agent or an information system programmed by or on his behalf are attributable to him

• Where the originator has not agreed with the addressee that the acknowledgement of receipt of electronic data shall be accepted in a specific manner, the acknowledgement may be given by

1. Any communication by the addressee, automated or otherwise; or

2. Any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received

3. Where the originator had stipulated that it shall be binding only on receipt of acknowledgement, then unless acknowledgement has been received, it shall mean that the electronic data was never sent.

• Unless otherwise agreed the time of receipt of electronic record shall be determined as follows:

1. when the addressee has designated a computer resource for the purpose of receiving electronic records-

– receipt occurs at the time when the electronic record enters the designated computer resource; or

• if the electronic record is sent to a resource that is not designated, receipt occurs when it is retrieved by the addressee

Intellectual property

• Copyright

• Industrial Property

• a.Trademarks

• b. Patent

• c. Industrial designs

Why to protect IP ?

• Tangible property

-Land, houses, estates,car

• Intangible property

-intellectual property

-Intangible wealth, easily appropriated and reproduced,once created the marginal cost of reproduction is negligible

The role of IP Act for intangible property

1. economic rights of creators

2.commercial exploitation of owner of IP

3.capital expenditure

4.transfer of technology

5.cultural development

IP as a property

• Can be sold

• Can be bought

• Can be lease or rent

• Can pass under a will

• Can be assigned

Protection for Copyright

• Protection given by law for a term of years to the composer, author etc… to make copies of their work..

• Work include literary, artistic, musical, films, sound recordings, broadcasts.

• Commercial and moral rights.

Protection for trade marks

• Commercial exploitation of a product

• To identify the product, giving it a name

• “mark” includes a device, brand, heading, label, ticket, name, signature,word, letter, numeral or any combination.

• Perform certain function such as indication of quality,identifying a trade connection

• Does not include sound or smell

• Choose the correct mark

Protection for patent

• Basic idea of granting a patent

• “ the applicant applied to the government for the right of patent and in return for the monopoly given he must disclose everything about the invention in the patent document” ( the description)

• Duration 20 years.

• Patent for invention

• Patent can be applied for a product or a process.

• Patentable invention must be new,involves an inventive step and industrially applicable

• Priority date- first to file

Protection for industrial designs

• Protection for industrial designs that are new or original

• Design are feature or shape, configuration, pattern

• The design must be applied to an article

• The design must be applied by an industrial process.

• Appeal to the eye.