UNIT-IV CONSUMER PROTECTION ACT, 1986

DID YOU KNOW???

A MAN FOUND A FOREIGN PARTICLE IN A BOTTLE OF A SOFT DRINK. HE COMPLAINED IN THE COURT AND THE COMPANY WAS FINED Rs 1,00,000/-. A MAN USED A COIN-BOX PHONE AND THE CALL BECAME ONE-WAY i.e. HIS VOICE DID NOT REACH THE OTHER PERSON. HE TRIED CALLING THRICE AND EVERYTIME, THE SAME HAPPENED. ON COMPLAINING, HE GOT A COMPENSATION OF Rs 1250 AND HIS 3 RUPEE BACK.

CONSUMERS RIGHTS IN INDIA

On 24 December 1986 Govt. of India enacted the Consumer Protection Act 1986 to: Ensure Rights of Consumers Provide Remedies for deceived Consumers

UN GUIDELINES FOR THE CONSUMER PROTECTION

Protect from hazard to health & safety;

Promote & protect economic interests;

Provide adequate information for informed choice; Consumer education; Provide effective redressformal and informal procedures; Freedom to form groups & present views in decision-making affecting consumers;

THE CONSUMER PROTECTION ACT, 1986 (ACT)

Applicability Amendments

Amendments in the year 1993

Amendments in the year 2002

WHO IS A CONSUMER?
Two kinds of consumer under the Act
Consumer of goods
buys or agrees to buy goods any user of such goods

Consumer of services
hires or avails any services any beneficiary of such service

CONSUMERS NEED PROTECTION AGAINST

Unfair trade practice Restrictive trade practice Defects Deficiencies

CONSUMERS NEED PROTECTION AGAINST

UNFAIR TRADE PRACTICE
Adopting unfair methods or deception to promote sale, use or supply of goods or services e.g. Misleading public about price (e.g. bargain price when it is not so).

Charging above MRP printed.

Misleading public about anothers goods or services. Falsely claiming a sponsorship, approval or affiliation. Offering misleading warranty or guarantee.

CONSUMERS NEED PROTECTION AGAINST

RESTRICTIVE TRADE PRACTICE
Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers. Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition. Supplying only to particular distributors or on condition of sale only within a territory. Delaying in supplying goods/services leading to rise in price. Requiring a consumer to buy/hire any goods or services as a precondition for buying/hiring other goods or services.

CONSUMERS NEED PROTECTION AGAINST

DEFECTS
Any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.

DEFICIENCY
Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

CONSUMER'S RIGHTS
Right to safety against hazardous goods and services Right to be informed about quality, quantity, purity, standard, price Right to choose from a variety at competitive prices

Right to be heard
Right to seek redressal Right to consumer education

CONSUMER FORUM & JURISDICTION

Consumer Disputes Redressal Forums (District Forum)
Claims less than or equal Rs.20 lakhs.

Consumer Disputes Redressal Commissions (State Commission)

Claim more than Rs.20 lakhs & less than Rs.1 crore & appeals.
National Consumer Disputes Redressal Commission (National Commission) Claim equal to Rs.1 crore & appeals

REQUISTIES OF A COMPLAINT
Who can file a complaint

Where to file a complaint

How to file a complaint What constitutes a complaint? Procedure for filing the appeal

ESSENTIAL INFORMATION IN THE APPLICATION

Name and full address of complainant Name and full address of opposite party Description of goods and services Quality and quantity

Price
Date & proof of purchase Nature of deception

Type of redressal prayed for

BENEFITS & RELIEFS

Benefit Disposal within 90 days No adjournment shall ordinarily be granted - Speedy trial Relief Removal of defects in goods or deficiency in services. Replacement of defective goods. Refund against defective goods or deficient services. Compensation. Prohibition on sale of hazardous goods.

ALERT
BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED ABOUT THE QUALITY OR QUANTITY. MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY PURCHASE OF Rs.200 AND ABOVE. IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF MANUFACTURE, NET QUANTITY or WEIGHT & M.R.P is MUST. If IMPORTED, it must carry the NAME & ADDRESS OF IMPORTER WITH VALID REGISTRATION DONT PAY MORE THAN THE M.R.P. ALWAYS LOOK FOR THE DATE OF MANUFACTURE AND DATE OF EXPIRY / BEST BEFORE IN CASE OF EDIBLE AND MEDICINES.

PACKAGED COMMODITIES RULES

Every package has to carry ~
1. 2. 3. 4. 5. 6. 7. Name and Address of Manufacturer or Packer. Net quantity of the package (NOT gross or weight when packed). If sold by number, the number contained in the package should be displayed on it. Month and year of manufacture or pre-packing. In case of food items, best before or expiry date. If imported, name and address of the importer with valid registration. MRP inclusive of taxes. No pre-packed commodity can be sold above the declared MRP in shops, hotels, restaurants, bars (including bottled water, soft and hard drinks).