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Business Laws: The Consumer Protection Act, 1986 & The Competition Act, 2002

The document summarizes key aspects of the Consumer Protection Act of 1986 and the Competition Act of 2002 in India. The Consumer Protection Act was passed to protect consumer interests and establish consumer councils and dispute resolution bodies. It gives consumers rights around product quality and pricing transparency. The Competition Act promotes competition and prevents anti-competitive practices. It established the Competition Commission of India to regulate the market and investigate antitrust complaints.

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35 views40 pages

Business Laws: The Consumer Protection Act, 1986 & The Competition Act, 2002

The document summarizes key aspects of the Consumer Protection Act of 1986 and the Competition Act of 2002 in India. The Consumer Protection Act was passed to protect consumer interests and establish consumer councils and dispute resolution bodies. It gives consumers rights around product quality and pricing transparency. The Competition Act promotes competition and prevents anti-competitive practices. It established the Competition Commission of India to regulate the market and investigate antitrust complaints.

Uploaded by

divvar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Business Laws

THE CONSUMER PROTECTION ACT, 1986


& THE COMPETITION ACT, 2002

The Consumer Protection Act, 1986


Introduction: Act came into force on 15th April, 1987.

Applies to the whole of India except the state of

Jammu & Kashmir


The Act is a milestone in the history of socio-

economic legislation in India.

The Consumer Protection Act, 1986


Objective:

An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

Rights of Consumers under the Act


1.

To be protected against marketing of goods which are hazardous to life & property. To be Informed about the quality, quantity, potency, purity, standard and price of the goods

2.

3.
4.

To have access to variety of goods at competitive prices.


To be heard in case of grievances

5.
6.

To seek redressal against unfair trade practices


Right to Consumer Education

Definitions
Consumer means any person who
buys any goods for a consideration, hires or avails of any services for a

consideration, uses such goods with the approval of person who has bought such goods for consideration. is beneficiary of services with the approval of person who has hired the services for consideration.

Continued
Person includes,
a firm whether registered or not; a Hindu undivided family;

a co-operative society;
every other association of persons whether registered

under the Societies Registration Act, 1860 (21 of 1860) or not;

Continued
Service - means service of any description which is made available to potential users and includes, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

Continued
Manufacturer is a person who Makes or manufactures any goods or parts

thereof. or Assembles parts of the goods made or manufactured by others and claims the end product to be goods manufactured by himself,or Puts his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made by him.

Continued

Trader is a person who


Sells goods or,

Distributes any goods for sale,


Manufacturer of goods for sale, Packer of goods who sells or distributes goods in

package form.

Continued
Complaint means any allegation in writing made by a complainant that
an unfair trade practice or a restrictive trade practice

has been adopted by any trader or service provider; the goods bought by him or agreed to be bought by him; suffer from one or more defects; the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price.

Continued
Consumer dispute means A dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. Defect in Goods means Any fault, imperfection, shortcoming in the quantity, quality, potency, purity or standard of the product. Eg: Defect in the printing quality of newspaper Vehicle having wrong engine number embossed thereon

Continued
Deficiency in Service means Any fault, imperfection, shortcoming inadequacy in the quality, nature and manner of performance. Eg: Deficiency in Medical Service (Achutrao Khodwa V/s State of Maharashtra - Case) Medical practitioner left a mop inside the abdomen while conducting operation. State Commission held negligence of Doctor caused the death of the patient.

Consumer Protection Councils

Central Consumer Protection Council State Consumer Protection Council


District Consumer Protection Council

Consumer Protection Councils


Important bodies set up by the Govt. for consumers Main object of the Councils is to protect and promote the

rights of the consumers as stated in the Act


They play a significant role in spreading the consumer

movement in the country, particularly in rural areas.


Decisions of the council are recommendatory in nature.

Consumer Dispute Redressal Agencies


National Commission
State Commission District Forum
3 Tier Quasi Judiciary machinery set up at the District,
State and National Level to hear and adjudicate consumer disputes Sec 9 to Sec 23 contain various provisions related to redressal agencies.

Competition Act, 2002

Overview - Competition

Competition WHY?

Need for a policy

Continued

Background

Establishment of CCI

Duties of the CCI

Jurisdiction of the CCI

Continued

CCI Additional Features

Status of CCI

Complaint Mechanism

Anti Competitive Agreements

Continued

Dominant Position

Combinations

Continued

Suo Moto Inquiry

Continued

Orders

Orders

Penalties

Advocacy Function

Continued

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