INTRODUCTION * Caveat Emptor » Caveat Venditor. * Consumerism — the promotion of consumer's interest. * Consumer ~ demanding quality goods and better serivee for the value of their money. * To increase sales — engage in unfair trade practices. TTY U1) Scanned with CamScannerCONSUMER PROTECTION ACT-1986 This law was enacted in 1986 to protect interests of consumers in India To make provision for the establishment of consumer councils For settlement of consumer disputes * This Act applies to all goods and services * It guides how to file the case in consumer courtProvide justice to consumers. + It was passed by both the Houses of Parliament Scanned with CamScannerle G eit te CONSUMER te tte * Person who buys any commodity or service or uses such commodity or service * Must satisfy two conditions to claim himself as a consumer > The service must have been rendered to him > He must have paid or promised to pay for the same * If any person buy capital goods to provide services to other individuals then he is also recognized as consumer * If any person who buys commodity with an intention to resale or trade then he is not recognized as consumer (eae at ue asec) Scanned with CamScannerCONSUMER OF GOODS AND SERVICES >» Consumer of goods — Goods are bought for consideration — Person who obtains goods for resale or commercial purpose is not consumer > Consumer of services — Services are hired or availed of — Consideration must be paid or payable — Beneficiary of services is also consumer Scanned with CamScannerCOMPLAINT * Anallegation in writing to council by an applicant * Itis a formal legal document that sets out the facts and legal reasons * Complaint is filed for > Defects in goods > Deficiency in service > Charging excessive price sl Sf » Hazardous goods f ee > Unfair trade practices (era ra ae cL Scanned with CamScannerELIGIBILTY FOR FILING THE COMPLAINT * Beneficiary of the goods/services * Legal representative of the deceased consumer * Legal heirs of the deceased consumer + Husband of the consumer + Arelative of consumer + Insurance company (ee eae rerat eae Od Scanned with CamScannerTIME FRAME WITHIN WHICH A COMPLAINT CAN BE FILED * Consumer dispute can be filled within two years from the date on which the action to place. * To file a complaint the point of time when the action arises is an important factor for determining the time period available. * There are no set of such rules which decide time rather it depends on the facts and circumstances of each case. Consumer Protection Act-1986 Scanned with CamScannerCIRCUMSTANCES WHEN A COMPLAINT CANNOT BE FILED A complaint on behalf of the public which consist of unidentifiable consumer which cannot be filed under the Act. A complaint by an individual on behalf of general public is not permitted. + An unregistered association cannot file a complaint under the Act. A complaint after expiry of limitation period is not permitted. DISMISSAL OF FRIVOLOUS AND VEXATIOUS COMPLAINTS If the complaint found to be frivolous and vexation then the district forum has the authority to dismiss the compliant ose 4 They can also say that the complaint shall pay the opposite party an amount of Rs. 10000 ww Consumer Protection Act-1986 Scanned with CamScannerNEED FOR CONSUMER PROTECTION * Adulteration. * Spurious goods. * Misleading advertising. * Artificial scarcity. * Other problems. Scanned with CamScannerINTERNATIONAL SCENARIO * Due to increasing globalization. * To unlock consumer power on a global scale. * Consumer International took initiative. * Guidelines for consumer protection. * Specially for developing countries andnewly independent countries. a cat unas Cd Scanned with CamScannerCOMPARISON OF CONSUMER _ PROTECTION ACT_IN INDIAAND UNITED KINGDOM Consumer Protection Act is an Indian 1986. United Kingdom * The Consumer Protection Act 1987 > The Act aims to provide better and all-round protection to consumers. > the act implemented for product liability, Consumer safety, Misleading price indications > All suppliers of goods and services, both in the private and in the public sector and the cooperative sector, are covered by the Act. ‘> Apply for goods, servi accommodation, or facilities. * no claim can be brought more than 10 years after the date the product was put into circulation. + District Forums at the base, the State Commission at the middle level and the % Information communicated by the Commissioners of Customs % Trading Standards Officers Scanned with CamScannerRIGHTS OF A CONSUMER Right to safety Right to choose = Right to information Right to be heard LABEL Right to seek redressal FIRST Right to consumer education Scanned with CamScannerMER GUIDANCE SOCIETY OF INDIA (CGSI) Golden Jubilee (1966-2016)-50 years in the ieve in the consumer cause which includes “Value for Price, Value for People and Value for Environment”. + CGSI has reached out to lakhs of consumers * Involved in consumer education. * For the urban and rural low income consumers. * School and college students. The Activities of Consumer Guidance Society of India 1. Complaint redressal 2. Product testing ose 3. Consumer education for schools/colleges- 4. Publications ww 5. National award 4 Scanned with CamScannerMarch-April 2016 —_ The Conmumer’s Voice 2 cemat (ee adit bees C Ly Scanned with CamScannerUNFAIR TRADE PRACTICE Any unfair method or deceptive practice used for supplying the goods or for the promotion of sales. TYPES OF UNFAIR TRADE PRACTICES » ¢ False representation. * False offer of bargain price. * Free gifts offer and prize scheme + Non-compliance of prescribed standards. Da asec Scanned with CamScannerRESTRICTIVE TRADE PRACTICE Trade practice which tends about manipulation of price or delivery condition or affect flow of supply in a manner to impose consumer unjustified cost or restrictions. Ua a nec) Scanned with CamScannerDISPUTE SETTLEMENT 3-TIERMECHANISM “The aims and object creation of 3-tier jud loss involved.” of the Act are achieved by the constitution and jal machinery depending upon the amount of * District Forum * State Commission “ SS * National Commission aaa Toa ass Cd Scanned with CamScannerEstablished by | Composition Jurisdiction Appeal District State “Chairman & 2 members Lessthan20 | To state Forum Government -One shall be woman lakhs commission Terms for 5 yrs or upto 65 yrs within 30 days whichever is earlier of order Head-District Judge State State President & minimum 2 In range of Rs 20 | To national Commission | Government members lakhs toRs1 | commission -One shall be woman crore within 30 days -Terms-for 5 yrs or upto 67 yrs of order whichevr is earlier Head-High Court Judge National Central President & minimum 4 More than Rs 1 | To supreme Commission | Government members crore within 30 -One shall be woman nem fidays of order -Terms-for 5 yrs or upto 70 yrs whichevr is earlier Head-Sitting or retired judge of Supreme Court ~ Scanned with CamScannerSIA RAHAK JAGO” SC HEAL: OF GOVT. OF INDIA > Empowering Consumers * Consumer Rights rine i * Consumer Complaints Redr * Alternative Dispute Redressal * Consumer Awareness * Upgradation of Standards Consumer Rights Scanned with CamScannerPay forthe sweets, “ not for the sweets 60x Cro Sao es ec 85 sc Pg Ce eat UE a 1d Scanned with CamScannerStatistical Dai Total Number of Consumer Complaints Filed / Disposed since inception Under Consumer Protection Law. Sl.no [Name of Agency Cases files | Cases Cases % of total since disposed of|pending | disposal inception | since inception 1. _ | National 98063 88031 10032 89.77% commission State commission District Forums Total eat esc Scanned with CamScannerSex-wise Family Members of the Households Sex(M/F) Family Members Average family Size Male 200 25 Female 220 2.75 Total 420 5.25 Occupational Status of the Head of Households Occupation No. of Households Percentage (%) Services 68 85 Big Business 02 25 Small Business 10 12.8 ost 4 Toul 80 100 } manera nas Cd Scanned with CamScannerStatistical Data Consumer Awareness 100 > 2 a . of a en & Of Ao A a “ a + ee * 2 sere a Scanned with CamScannerCASES UNDER CONSUMER PROTECTION ACT 1986 aoa eas Scanned with CamScannerCASE 1 A tale of two consumer rights * consumer complaints disappear into some galactic space and very rarely elicit a response + Vandana Vasudevan is invitee for a seminar “Consumer Protection Act” at sylvan campus of the National Law School, Bangalore where he meet a bunch of young legal eagles. Student used a set of popular cosmetics and found that every claim made in the advertisements for these products was untrue. + Case base on 2 consumer rights: 1. The right to safety 2. The right to information Consumer Protection Act-1986 Scanned with CamScannerCASE 1 They didn’t get any response from manufacture company, Company refused to accept their fault and gave several unsatisfactory results. We need to remember that this is a violation of two rights that we have as consumers—the right to be heard and the right to redressal. Solution : *To not offer the hazardous goods and remove them from. sale. *To award adequate cost. *Replacement of the goods with new goods of good quality. *Return the price paid by the complainant for the goods or services. *To remove the defects or deficiency in the goods or services (ee aden derstood Products as follow : Bi =| f : ose b Scanned with CamScannerCASE 2: Atiff between Reliance Media Works & Manoj Kumar Complainant ~ Manoj Kumar went to Big Cinemas in Jaipur run by Mumbai-based Reliance Media Works. He brought Aquafina water charged Rs-30 but MRP was rs-16, so he was upset of being overcharged and filed a complaint in District forum. Reliance opposed saying that in cinema halls bottles are meant for higher sale and lower in ordinary shop but no proof was furnished. Forum upheld Manoj complaint and direct cinema hall to refund rs-14 , compensation for mental agony- rs-5000 and litigation cost- rs- 1500 Reliance filed a revision petition saying Manoj has purchased it from local shop. The commission observed that Pepsico was making contrary submission by stating that its Aquafina bottles were priced at Rs-16, but it was permissible to have two different MRPs . JUDGEMENT * Overcharging consumers is not permissible the commission saddled vied With further deterrent cost of Rs-5 lakhs for illegal enrichment by chargif®'and extorting money from their customers. * This amount would have to be deposited in the commission's LegalAid within 90 days, or with 9% interest if delayed. Ce aera Ue oss CL) Scanned with CamScannerCONCLUSION Vv Consumer Rights — Improper Implementation in Real Life Education of Consumer Rights works as a Shield to Consumers Technology helps Consumers to keep Up to Date Consumer Protection Programme — A Light Description Lets Make Consumer Protection Act Success & “Consumer as King” vv Vv CONSUMER PROTECTION Cee ial asus ee Gc Scanned with CamScanner