This document discusses consumer protection in India. It outlines the Consumer Protection Act of 1986, which established a three-tier system of consumer courts at the district, state, and national levels to address consumer complaints. It also describes consumers' rights under the act, such as the right to safety, information, choice, and redress. The roles of consumer organizations and NGOs in promoting consumer awareness and supporting the government's protection efforts are also covered.
3. CONSUMER PROTECTION
Protection of Consumer against the unfair trade practices
of producers and sellers.
Generally Consumers are exploited by:
Adulteration of Consumer Goods
Poor Quality of Goods and Services
Misleading Advertisements
Short Measure and Under Weight Goods
Creation of Artificial Scarcity by Hoarding of Goods
4. “The Consumer Protection Act, 1986
was enacted for better protection of the
interests of consumers.”
5. IMPORTANCE OF CONSUMER PROTECTION
[A] For the Consumers Point of View
Consumer’s Ignorance
Unorganized Consumers
Widespread Exploitation of
Consumers
6. IMPORTANCE OF CONSUMER PROTECTION
[B] For the Business Point of View
Long - term interest of Business
Business uses Society’s Resources
Social Responsibility
Moral Justification
Government Intervention
7. LEGAL PROTECTION OF CONSUMERS
TheConsumer Protection Act,1986 (CPA)
TheContract Act,1982
Sales of Goods Act,1930
TheEssential Commodities Act,1955
TheAgricultureProduce(Grading and Marketing) Act,1937
8. LEGALPROTECTION OF CONSUMERS
ThePrevention of Food Adulteration Act,1954
TheStandard of Weights and Measures Act,1976
TheTradeMark Act,1999
TheCompetition Act,2002
TheBureau of Indian Standard Act,1986
9. CONSUMER PROTECTION ACT, 1986
Key Points
Passed in 1986 to Provide Protection to the Consumer
Amended in 1993 and 2003
Applicable in whole India except Jammu and Kashmir
Provision for formation of “Consumer Protection Council”
at Centre and State level
Covers all Goods and Services
10. FEATURES OF CONSUMER PROTECTION ACT
Coverage of Items
Covers all goods and services unless specified
Coverage of Sectors
All sectors are covered i.e. Private, Public, Co-operative
Compensatory Nature of Provisions
Provision for Compensating of Losses of Consumers
Group of Consumer’s Rights
Provides several Rights to the Consumer in terms of
Safety, Information, Choice, Representation, Education,
Redressal etc
11. FEATURES OF CONSUMER PROTECTION ACT
Effective Safeguards
Provides safety regarding defective products or
dissatisfactory services or unfair trade practices
Three-tier Grievances Redressal Machinery
Apart from Consumer Court, the Act provides Three-tier
Grievances Redressal Machinery at State, District and
National Level
Time Bound Redressal
All the Cases covered under this Act are dealt in Limited
Time Period
Consumer protection Council
To favour consumer protection and encourage consumer
awareness
12. PROVISIONS OF CONSUMER PROTECTION ACT
(I) Meaning of Consumer
Someone who buys goods or hire services for consideration (it does not
include a person who obtain goods for re-sale)
Someone who uses goods with the approval of buyer
Someone who uses services with the approval of one who hires the
Services
Someone who uses goods or hire services exclusively for earning
livelihood
Who is not considered as Consumer ?
IN CASE OF GOODS
•Someone who obtains goods without any consideration
•Someone who uses goods without the approval of buyer
•Someone who obtains goods for re-sale/commercial purposes
IN CASE OF SERVICES
Someone who avails services without any consideration
Someone who avails services without the approval of hirer
Someone who avails services for re-sale/commercial purpose
13. PROVISIONS OF CONSUMER PROTECTION ACT
(II) Grounds of Complaints
Unfair / Restricted TradePractice
DefectiveGoods
Deficiency of Services
ExcessiveCharging of Price
Supplyof Hazardous goods
15. PROVISIONS OF CONSUMER PROTECTION ACT
(IV) Complaint Disposal Period
InNormal Situation:
• MaximumTimeLimit for Disposal of complaint is3
months
InSpecial Situation:
• MaximumTimeLimit for Disposal of complaint is5
months
16. PROVISIONS OF CONSUMER PROTECTION ACT
(V) Who can file a Complaint ?
A Consumer
A Registered Consumer Association
One or More Consumers
Central Government
State Government
17. PROVISIONS OF CONSUMER PROTECTION ACT
(VI) Against whom complaint can be Filed?
A Complaint can be filed against –
•For Defective Goods
Seller
Manufacture
Meaning of Defective Goods – It refers to the quantity,
quality, potency or purity of goods are not in accordance
with contract.
•For Deficiency of Services
Service Providers
Meaning of Deficient Services – It means any imperfection,
or inadequacy in the quality, nature and manner of
performance of services.
19. (VIII) Remedies Available to Consumers
Removal of defects
Replacement of Goods
Refund of Price
Award of Compensation
Removal of Deficiency in Services
Discontinuance of Unfair trade Practices
Stopping the Sale of Hazardous Goods
Withdraw of Hazardous goods from the market
Payment of Adequate Cost
PROVISIONS OF CONSUMER PROTECTION ACT
20. CONSUMERS’ RIGHTS
Right toSafety
Right tobeInformed
Right toChoose
Right tobeHeard
Right toSeek Redressal
Right toConsumer Education
Right toBasic Needs
Right toHealthyEnvironment
21. CONSUMERS’ RESPONSIBILITIES
Consumer must ExercisehisRights
Cautious Products; Don’t Buy Blindly
FilingComplaints for theRedressal of GenuineGrievances
Consumer must beQuality Conscious*
Bewareof FalseAdvertisements
Don’t forget toget Receipt or GuaranteeCard
Don’t BuyinHurry
22. *CONSUMER MUST BE QUALITY CONSCIOUS
Hallmark is
standard for
accurate
determination of
the precious
metal.
Agmark is
standard for
prescribed
agricultural
commodities
and live stock.
FPO aims at
standard for
manufacture of
fruit & vegetable
products.
ISI is a standard
for electrical
goods.
23. *CONSUMER MUST BE QUALITY CONSCIOUS
EarthenPitcher
EarthenPitcher signifies theproducts asEnvironment Friendly
24. WAYS OF CONSUMER PROTECTION
Self Regulation by Business
Codeof Conduct by Business Association
Consumer Awareness
Consumer Organization
Protectionprovided byGovernment
25. REDRESSAL MACHINERY / AGENCIES
District Forum
3 Members including a Presiding Officer, One Lady Member is must
Can hear Disputes upto 20 Lac
On Admitting Complaint, Notice is Send to Other party
If Parties are not Satisfied with the District Forum, appeal against the same can be made in
State Commission within 30 Days and thereafter, the order of State Commission can be
challenged before the National Commission and no further.
State Commission
3 Members including a Presiding Officer, One Lady Member is must
Hear Disputes exceeds 20 Lac and upto 1 Crore
On Admitting Complaint, Notice is Send to Other party
If Parties are not Satisfied with the State Commission, appeal against the same can be made
in National Commission within 30 Days and no further.
National Commission
5 Members including a Presiding Officer, One Lady Member is must
Hear Disputes exceeding 1 Crore
On Admitting Complaint, Notice is Send to Other party
If Parties are not Satisfied with the National Commission, appeal against the same can be
made in the Supreme Court within 30 Days., subjected to jurisdiction.
26. CONSUMER ORGANIZATION AND NGO’S
KEYPOINTS
Plays averyimportant roleinProtection of Consumer
Extends Support toGovernment
Presentlyabout 500Consumer Organization areworking in
India,e.g.
Consumer’s ActionForum,Delhi
Mumbai Grahak Panchayat
CitizenActionGroup,Mumbai
Consumers’ ActionForum,Kolkata
27. CONSUMER ORGANIZATION AND NGO’S
FUNCTIONS
Accelerating Consumer Awareness
Collecting and Testing of Data
Filing suit on behalf of Consumers
Organizing Protests against Adulteration etc.
Helps Educational Institutions
Promoting network of Consumer Association
Extending Support to Government