Copy of consumer protection law.pptnew

8/7/2019 Copy of consumer protection law.pptnew

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THE CONSUMER PROTECTIONTHE CONSUMER PROTECTIONACT, 1986ACT, 1986


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1.1. The law relating to consumerThe law relating to consumerprotection is contained in the Consumerprotection is contained in the ConsumerProtection Act, 1986Protection Act, 1986

2.2. its objects areits objects are Better protection of interests of consumersBetter protection of interests of consumers

Protection of rights of consumersProtection of rights of consumers To provide for consumer protection councilsTo provide for consumer protection councils

To provide quasiTo provide quasi--judicial machinery for speedy redressaljudicial machinery for speedy redressalof consumer disputes.of consumer disputes.


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The Act also defines terms likeThe Act also defines terms like CONSUMERCONSUMER who buys goods and serviceswho buys goods and services

for a price.for a price.

GOODSGOODS means every kind of moveablemeans every kind of moveableproperty.property.

SERVICESSERVICES COMPLAINANTCOMPLAINANT COMPLAINTCOMPLAINT DEFECTDEFECT DEFICIENCYDEFICIENCY PERSONSPERSONS CONSUMER DISPUTECONSUMER DISPUTE RTP AND UTPRTP AND UTP


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CONSUMER DISPUTES REDRESSALCONSUMER DISPUTES REDRESSAL

AGENCIESAGENCIES

There are three such agenciesThere are three such agencies

District forumDistrict forum

State commissionState commission

National CommissionNational Commission


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DISTRICT FORUMDISTRICT FORUM

1.1. District Forum is for one or moreDistrict Forum is for one or moredistrict.district.

2.2. A consumer can file his claim ifA consumer can file his claim ifthe limit of the claim is upto Rs. 20 lakhs.the limit of the claim is upto Rs. 20 lakhs.

3.3. Appeal from the decision of theAppeal from the decision of the

District Forum is to be filed within 30 daysDistrict Forum is to be filed within 30 daysof its order to the state Commission.of its order to the state Commission.


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STATE COMMISSIONSTATE COMMISSION

1.1. A state commission is for one or moreA state commission is for one or morestates.states.

2.2. A consumer can file his claim if theA consumer can file his claim if theclaim is above Rs. 20 lakhs but below oneclaim is above Rs. 20 lakhs but below onecrore.crore.

3.3. Appeal from the decision of the StateAppeal from the decision of the StateCommission can be filed within 30 days ofCommission can be filed within 30 days ofits order to the National Commissionits order to the National Commission


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NATIONAL COMMISSIONNATIONAL COMMISSION

1.1. National Commission is one forNational Commission is one forthe whole of India.the whole of India.

2.2. A consumer can file his claim if itA consumer can file his claim if itis more than Rs. 1 crore.is more than Rs. 1 crore.

3.3. Appeal from the decisions of theAppeal from the decisions of the

National Commission can be made in theNational Commission can be made in theSupreme Court of India.Supreme Court of India.


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How a complaint is made and dealtHow a complaint is made and dealt

withwith 1.1. A complainant can make a complaintA complainant can make a complaint

before the appropriate consumer disputebefore the appropriate consumer dispute

redressal agency in relation to any defect inredressal agency in relation to any defect ingoods or deficiency in service.goods or deficiency in service.

2.2. The complaint relating to any goods orThe complaint relating to any goods orservices is given to the opposite party within 21services is given to the opposite party within 21

days to allow him to give his version in 30 daysdays to allow him to give his version in 30 days


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3.3. If the defect in goods needs analysis orIf the defect in goods needs analysis ortesting by a laboratory, a sample of the goods istesting by a laboratory, a sample of the goods is

sent to the laboratory for a report within 45sent to the laboratory for a report within 45days.days.

4.4. The report is given to the oppositeThe report is given to the oppositeparty.party.

5.5. Complaint shall be decided within 3Complaint shall be decided within 3months if no laboratory test is required andmonths if no laboratory test is required andwithin 5 months if the laboratory test iswithin 5 months if the laboratory test isrequired.required.


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FINDINSFINDINS

The consumer dispute redressal agenciesThe consumer dispute redressal agenciescan arrive at any of these findingscan arrive at any of these findings

1.1. to remove defectsto remove defects

2.2. to replace goodsto replace goods

3.3. to return the priceto return the price

4.4. to pay compensationto pay compensation

5.5. to remove deficiencies in servicesto remove deficiencies in services

6.6. to discontinue the unfair trade practice or theto discontinue the unfair trade practice or therestrictive trade practice.restrictive trade practice.


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7.7. to withdraw hazardous goodsto withdraw hazardous goods

8.8. to cease manufacture of hazardousto cease manufacture of hazardous

goodsgoods

9.9. to pay such sum as may be determinedto pay such sum as may be determinedby such agencyby such agency

10.10. to issue corrective advertisementto issue corrective advertisement 11.11. to provide for adequate costs parties.to provide for adequate costs parties.


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Rights of ConsumersRights of Consumers

1.1. The right to beThe right to be protectedprotected againstagainstmarketing of goods and services which aremarketing of goods and services which are

hazardous to life and property.hazardous to life and property.

2.2. The right to beThe right to be informedinformed about theabout thequality, quantity, potency, purity, standardquality, quantity, potency, purity, standard

and price of goods and services so as toand price of goods and services so as toprotect the consumers against unfair tradeprotect the consumers against unfair tradepractices.practices.


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3.3. The right to beThe right to be assuredassured ;; whereverwhereverpossible, access to goods and services atpossible, access to goods and services at

competitive prices.competitive prices. 4.4. The right to beThe right to be heardheard :: and to beand to be

assured that consumers will receive dueassured that consumers will receive dueconsideration at appropriate forum.consideration at appropriate forum.

5.5. The right toThe right to seek redressalseek redressal :: againstagainstunfair trade practices or restrictive tradeunfair trade practices or restrictive tradepractices or unscrupulous exploitation ofpractices or unscrupulous exploitation ofconsumers.consumers.


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6.6. Right toRight to consumer educationconsumer education:: By publishing material and magazines for theBy publishing material and magazines for the

benefit of consumers , such as magazine likebenefit of consumers , such as magazine likeUPBHOKTA JAGRANUPBHOKTA JAGRAN


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Important termsImportant terms

1.1. ConsumerConsumer A:means any person who buysA:means any person who buysany goods for consideration under whatever mannerany goods for consideration under whatever mannerand or procedure.and or procedure.

B.Means any person hires or avails any services for aB.Means any person hires or avails any services for aconsideration under whatever manner or andconsideration under whatever manner or andprocedure.procedure.

BUT DOES NOT INCLUDE SUCH PERSON IF THEYBUT DOES NOT INCLUDE SUCH PERSON IF THEY

OBTAIN OR AVAIL FOR COMMERCIAL PURPOSEOBTAIN OR AVAIL FOR COMMERCIAL PURPOSE

RESALE IS TREATED AS COMMERCIAL PURPOSE.RESALE IS TREATED AS COMMERCIAL PURPOSE.


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SERVICESSERVICES

BANKINGBANKING

FINANCINGFINANCING INSURANCEINSURANCE

TRANSPORTATIONTRANSPORTATION

PROCESSINGPROCESSING

SUPPLYOFELECTRICALOROTHERENERGYSUPPLYOFELECTRICALOROTHERENERGY BOARDINGORLEDGINGORBOTHBOARDINGORLEDGINGORBOTH HOUSINGCONSTRUCTIONHOUSINGCONSTRUCTION ENTERTAINMENTENTERTAINMENT AMUSEMENTAMUSEMENT

PURVEYINGFONEWSANDOROTHERINFORMATIONPURVEYINGFONEWSANDOROTHERINFORMATION

BUTDOESNOTINCLUDEANYSERVICEFREEOFCHARGEBUTDOESNOTINCLUDEANYSERVICEFREEOFCHARGE ANDORCONTRACTOFPERSONALSERVICE.ANDORCONTRACTOFPERSONALSERVICE.


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Restrictive Trade Practice RTP : likeRestrictive Trade Practice RTP : like Delay beyond the time period as agreed betweenDelay beyond the time period as agreed between

partiesparties As compulsion or condition precedent to buyingAs compulsion or condition precedent to buying

hiring other goods or services.hiring other goods or services.


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Unfair Trade PracticeUnfair Trade Practice

Misleading advertisementsMisleading advertisements

Making of false statementsMaking of false statements

Permitting publication of any advertisementPermitting publication of any advertisementfor sale at a bargain pricefor sale at a bargain price

Permitting the offering of gifts and prizes withPermitting the offering of gifts and prizes with

the intention of not providing themthe intention of not providing them Not conforming to prescribed standardsNot conforming to prescribed standards


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CONSUMER DISPUTES REDRESSAL AGENCIESCONSUMER DISPUTES REDRESSAL AGENCIES

S.NS.No.o.

Point ofPoint ofDistinctioDistinctionn

DistrictDistrictForumForum

StateStatecommissicommissionon

NationalNationalCommissCommissionion

1.1. TerritoriaTerritoriallJurisdictiJurisdictionon

One orOne ormoremoredistrict.district.

One orOne ormoremoreStateState

All IndiaAll India

2.2. CompositCompositionion

PresidentPresident& two& twomembersmembers--oneone

womanwoman

PresidentPresident& min. 2& min. 2membersmembers oneone

womanwoman

PresidentPresident& min. 4& min. 4membersmembers-- oneone

woman.woman.


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3.3. QualificaQualification fortion for

PresidentPresident

ServedServedasas

DistrictDistrictjudgejudge

As HighAs Highcourtcourt

judgejudge

AsAssupremesupreme

courtcourtjudgejudge

4.4. QualificaQualifica

tion fortion formembersmembers

AgeAge 3535

yrs.yrs.BachelorBachelors degrees degree+ 10 yrs+ 10 yrs

exp inexp inlaw/accolaw/accountancy/untancy/economieconomi

cs/mgt.cs/mgt.

SameSame SameSame


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5.5. DisqualificaDisqualificationstions

UnsoundUnsoundmindmind

InsolventInsolvent

ConvictedConvicted

SameSame SameSame

6.6. TermTerm 5 years5 yearsor 65 yrsor 65 yrsageage

whichevewhichever earlierr earlier

SameSamebut 67but 67

SameSamebut70but70


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7.7. MonetaryMonetaryjurisdictionjurisdiction

Upto 20Upto 20lakhslakhs

BetweenBetween20 lakhs20 lakhs

and oneand onecrorecrore

MoreMorethan onethan one

crorecrore

8.8. AdministrativeAdministrativecontrolcontrol

StateState

CommissCommissionion

NationalNationalcommissicommissi

onon

__


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9.9. AppealAppeal State commissionState commissionwithin 30 days ofwithin 30 days of

order.50% oforder.50% ofamount payableamount payableor Rs. 25,000or Rs. 25,000whichever is lesswhichever is less

to be depositedto be depositedby appellant.by appellant.

Rs.Rs.55,00055,000

SupremeSupremeCourtCourt

within 30within 30days ofdays ofthe orderthe order

10.10. PenaltiePenaltiess

ImprisonmentImprisonmentatleast oneatleast one

month to max. 3month to max. 3yrs.yrs.

+ fine+ fineatleastatleast

2000 to2000 tomaxmax10,00010,000

Or bothOr both


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Some important decisionsSome important decisions

1.1. Doctors are within the purview of theDoctors are within the purview of theAct.Act.

2.2. Government hospitals/health careGovernment hospitals/health carecentres/ dispensaires where services arecentres/ dispensaires where services arerendered free of charge to all the patients.rendered free of charge to all the patients.The provisions of the Act do not apply.The provisions of the Act do not apply.

3.3. Provident fund subscribers are alsoProvident fund subscribers are alsoconsumers.consumers.


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4.4. Gold chain snatched by miscreants whileGold chain snatched by miscreants whiletravelling in the reserved compartment oftravelling in the reserved compartment of

railway. It was held that there was deficiency inrailway. It was held that there was deficiency inservice on the part of Railways.service on the part of Railways.

5.5. Confirmed ticket but not provided seat inConfirmed ticket but not provided seat inaircraft and consequently lost job that it wasaircraft and consequently lost job that it was

held that there was deficiency of service on partheld that there was deficiency of service on partof the airlines.of the airlines.

Documents

Copy of consumer protection law.pptnew