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UNIT - 12
CONSUMER PROTECTION
TOPICS COVERED
Concept &Importanceof Consumer Protection
Consumer Protection Act 1986
 Meaningof consumer andconsumer protection
 Consumers’ Rights
 Consumers’ Responsibilities
 Whocan fileacomplaint andagainst whom?
 Redressal machienary
 Remedies availble
Consumer awareness - Roles of Consumer
Organizations and NGO’s
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
“The Consumer Protection Act, 1986
was enacted for better protection of the
interests of consumers.”
IMPORTANCE OF CONSUMER PROTECTION
[A] For the Consumers Point of View
 Consumer’s Ignorance
 Unorganized Consumers
 Widespread Exploitation of
Consumers
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
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
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
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
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
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
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
PROVISIONS OF CONSUMER PROTECTION ACT
(II) Grounds of Complaints
 Unfair / Restricted TradePractice
 DefectiveGoods
 Deficiency of Services
 ExcessiveCharging of Price
 Supplyof Hazardous goods
PROVISIONS OF CONSUMER PROTECTION ACT
(III) Three-tier Judicial Machinery
District Forum (District Level)
State Commission (State level)
National Commission (National level)
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
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
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.
PROVISIONS OF CONSUMER PROTECTION ACT
(VII) Complaint Fees
 Fixed fees(if any) istobedeposited
 Court Fees andany other expenses arenot tobepaid
(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
CONSUMERS’ RIGHTS
Right toSafety
Right tobeInformed
Right toChoose
Right tobeHeard
Right toSeek Redressal
Right toConsumer Education
Right toBasic Needs
Right toHealthyEnvironment
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
*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.
*CONSUMER MUST BE QUALITY CONSCIOUS
EarthenPitcher
EarthenPitcher signifies theproducts asEnvironment Friendly
WAYS OF CONSUMER PROTECTION
Self Regulation by Business
Codeof Conduct by Business Association
Consumer Awareness
Consumer Organization
Protectionprovided byGovernment
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.
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
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

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Business studies +2 Unit 12

  • 1. UNIT - 12 CONSUMER PROTECTION
  • 2. TOPICS COVERED Concept &Importanceof Consumer Protection Consumer Protection Act 1986  Meaningof consumer andconsumer protection  Consumers’ Rights  Consumers’ Responsibilities  Whocan fileacomplaint andagainst whom?  Redressal machienary  Remedies availble Consumer awareness - Roles of Consumer Organizations and NGO’s
  • 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
  • 14. PROVISIONS OF CONSUMER PROTECTION ACT (III) Three-tier Judicial Machinery District Forum (District Level) State Commission (State level) National Commission (National level)
  • 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.
  • 18. PROVISIONS OF CONSUMER PROTECTION ACT (VII) Complaint Fees  Fixed fees(if any) istobedeposited  Court Fees andany other expenses arenot tobepaid
  • 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