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Topics of the Assignment: -
• CONSUMER PROTECTION COUNCILS
• WHAT ARE THE RIGHTS OF A CONSUMER
CONSUMER PROTECTION COUNCILS
The Consumer Protection Act 2019 provides for the constitution of Consumer Protection
Councils. The Consumer Protection Councils are established at three levels namely Central,
State, District. These councils collectively work towards the promotion and protection of the
rights of the consumers. They protect the consumers from exploitation; they give publicity to
the matters concerning consumer interests, take steps towards furthering consumer education
and advice the government in matters of policy formulation regarding the protection of
consumer rights.
CENTRAL CONSUMER PROTECTION COUNCIL
1. The Central Government shall, by notification, establish with effect from such date as
it may specify in such notification, a Council to be known as the Central Consumer
Protection Council (hereinafter referred to as the Central Council)
2. The Central Consumer Protection Council shall consist of the following members,
namely, :
a) The Minister in charge of the Consumer Affairs in the Central Government ,
who shall be its Chairman, and
b) Such number of other officials or non official members representing such
interest as may be prescribed.
Procedure of meetings of the central council (sec.4): -
The Central Council shall meet as and when necessary and at least one meeting of the Council
shall be held every year. The Council shall meet at such time and place as the Chairman may
think fit and shall observe such procedure in regards to the transaction of its business as may
be prescribed.
Objects of Central Council: -
The objects of the Central Council shall be to promote and protect the rights of the consumers
such as,
(a). the right to be protected against the marketing of goods and services which are hazardous
to life and property;
(b). the right to be informed about the quality, quantity, potency, purity, standard and price of
goods or services, as the case may be so as to protect the consumer against unfair trade
practices;
(c). the right to be assured, wherever possible, access to a variety of goods and services at
competitive prices;
(d). the right to be heard and to be assured that consumer's interests will receive due
consideration at appropriate forums;
(e). the right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers; and
(f). the right to consumer education.
STATE CONSUMER PROTECTION COUNCILS
The power to establish State Councils is with the State. Section 7 provides that: -
(1) The State Government shall, by notification, establish with effect from such date as it
may be specify in such notification, a Council to be known as the State Consumer
Protection Councils (hereinafter referred to as the State Council)
(2) The State Committee shall consist of the following members, : -
a) the Minister-in charge of Consumer affairs in the State government who shall
be its chairman;
b) Such number of other Officials non official members representing such interests
as may be prescribed by the state government.
c) Such number of other official or non official members, not exceeding ten, as
may be nominated by the Central Government.
(3) The State Council shall meet as and when necessary but not less than two meetings
shall be held every year.
(4) The state Council shall meet at such time and place as the chairman may think fit and
shall observe such procedure in regard to the transaction of its business as may be
prescribed by the State Government.
It may thus be observed that the State Government has been empowered to decide the number
and qualification of the members of the State Council besides the members nominated by the
Central Government. The StateGovernment has been further empowered to prescribe the
Procedure to be followed by the State Council regarding the transaction of its business.
‘The objects of every State Council shall be to promote and protect within the State the rights
of the Consumers laid down in Clauses (a) to (f) of Section 6’. Thus, the object of the State
Councils is the same as that of the Central Council discussed above.
District Consumer Protection Council
Section 8-A and 8-B of the Consumer Protection Act added by the Amendment act of 2002 deals with
the establishment of the District Councils for promoting and protecting the rights of the consumers at
district level.
(1). The State Government shall establish for every district, by notification, a council to be known as
District Consumer Protection Council with effect from such data as it may specify in such notification.
[Section 8(1)].
(2). The District Consumer Protection Council (hereinafter referred to as the District Council) shall
consist of the following members, namely,:
a) The Collector of the District (by whatever name called), who shall be its Chairman;
and
b) Such number of other official and non official members representing such interests
as may be prescribed by the State Government. [Section 8A (2)].
(3). The District Council shall meet as and when necessary but not less than two meetings shall be held
every year.
(4). The District Council shall meet at such time and place as the Chairman may think fit and shall
observe such procedure in regard to the transaction of its business as may be prescribed by the State
Government.
RIGHTS OF THE CONSUMERS
Right to Safety: - This right has been recognised by the Section 6(a)as, ‘right to be protected
against marketing of goods and services which are hazardous to life and property’. The rational
behind this provision is to ensure physical safety of the consumers. The law seeks to ensure
that those responsible for bringing goods to the market, in particular, manufacturers,
distributors, retailers and the like should ensure that the goods are safe for the users. In case of
Dangerous or Risky goods, consumer should be informed of the risk involved in improper use
of goods. Vital safety information should be conveyed to consumers.
Right to Information: - Under section 6(b) this right has been recognised as, ‘the right
to be informed about the quality, quantity, potency, purity, standard and price of goods or
services, so as to protect the consumer against unfair practices.’ Adequate Information is very
important in order to make a right choice of goods to be purchased. This right ensures that
the Consumer should be made aware of the quality, weight, contents and price of the product
at a very pre-purchase stage. The fixing of the ISI mark and AGMARK enables the consumer
to know about its quality. Under some other legislation, it is mandatory for the manufacturers
and Packets to provide information on the package to the consumers about the contents,
weight, purity and potency of the product being sold. Consumer suffer much on the price
front as the prices often printed or tagged in the product are misleading and no price control
is there except with respect to essential commodities. The Advertisement often misleads the
consumers. All these factors are included and considered in the Right to information.
Right to Choose: - This right has been recognised by Section 6(c) as, ‘the right to be
assured, wherever possible, access to a variety of good and service at competitive prices'. Fair
and effective competition must be encouraged so as to provide consumers with maximum
information about the wide variety of competing goods available in the market. Suppliers'
and buyers guide should be available to the consumers by the Government or Business
Organisations to protect this right of consumers.
Right to be Heard: - This right is ensure by Section 6(d) as, ‘the right to be heard and to
be assured that consumers' interests will receive due consideration at appropriate forums.’
The Consumer Protection Act, 1986 has well taken care of this right by providing three stage
redressal machinery to the consumers namely District Forum, State Commission and National
Commission. Every Consumer has a right to file a complaint and be heard in this context.
Further, with a view of providing better protection of this right, various public and private
undertakings have provided Consumer Ombudsman (Complain cell) to provide redressal to
consumer complaints outside the court.
Right against Exploitation: -This right is guaranteed under Section 6 (e) of the acts as,
‘the right to seek redressal against unfair trade Practices or unscrupulous exploitation of
consumers.’ Consumers are the most helpless lot in our country due to many factors. When
consumers are exploited, an adequate remedy must be made available. This act has thus
ensure to prevent exploitation of consumers by invoking the jurisdiction of Consumer Forums
in cases involving unfair trade practices and restrictive trade Practices.
Right to Education: - This right has been recognised under Section 6(f), of the act as, ‘the
right to consumer education.’ The right to Consumer education is the right which ensures that
the consumers are informed about the practices prevalent in the market, their rights and the
remedies available to them. Unless the consumers are aware of their rights and remedies,
Protection of their interest shall remain a myth. In this connection, the role of consumer
protection Councils is vital. The Central Council must ensure to educate the consumers about
their rights and remedies under the act throughout the country and the State Councils and
District Councils must ensure to educate the consumers about these rights to consumers within
their territories. For spreading such education, media, school curriculum and cultural activities
may be used as a medium.
BIBLIOGRAPHY
Books
• Gulshan, S.S. (2020). Business Law Including Company Law. New Delhi: New Age
International Pvt Ltd.
• Kucchal, M.C. (2013). Business Laws. Noida: Vikas Publishing House Pvt Ltd.

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Consumer Protection Councils & the rights of a consumer

  • 1. Topics of the Assignment: - • CONSUMER PROTECTION COUNCILS • WHAT ARE THE RIGHTS OF A CONSUMER
  • 2. CONSUMER PROTECTION COUNCILS The Consumer Protection Act 2019 provides for the constitution of Consumer Protection Councils. The Consumer Protection Councils are established at three levels namely Central, State, District. These councils collectively work towards the promotion and protection of the rights of the consumers. They protect the consumers from exploitation; they give publicity to the matters concerning consumer interests, take steps towards furthering consumer education and advice the government in matters of policy formulation regarding the protection of consumer rights. CENTRAL CONSUMER PROTECTION COUNCIL 1. The Central Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council) 2. The Central Consumer Protection Council shall consist of the following members, namely, : a) The Minister in charge of the Consumer Affairs in the Central Government , who shall be its Chairman, and b) Such number of other officials or non official members representing such interest as may be prescribed.
  • 3. Procedure of meetings of the central council (sec.4): - The Central Council shall meet as and when necessary and at least one meeting of the Council shall be held every year. The Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regards to the transaction of its business as may be prescribed. Objects of Central Council: - The objects of the Central Council shall be to promote and protect the rights of the consumers such as, (a). the right to be protected against the marketing of goods and services which are hazardous to life and property; (b). the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices; (c). the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d). the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums; (e). the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and (f). the right to consumer education.
  • 4. STATE CONSUMER PROTECTION COUNCILS The power to establish State Councils is with the State. Section 7 provides that: - (1) The State Government shall, by notification, establish with effect from such date as it may be specify in such notification, a Council to be known as the State Consumer Protection Councils (hereinafter referred to as the State Council) (2) The State Committee shall consist of the following members, : - a) the Minister-in charge of Consumer affairs in the State government who shall be its chairman; b) Such number of other Officials non official members representing such interests as may be prescribed by the state government. c) Such number of other official or non official members, not exceeding ten, as may be nominated by the Central Government. (3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The state Council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. It may thus be observed that the State Government has been empowered to decide the number and qualification of the members of the State Council besides the members nominated by the Central Government. The StateGovernment has been further empowered to prescribe the Procedure to be followed by the State Council regarding the transaction of its business.
  • 5. ‘The objects of every State Council shall be to promote and protect within the State the rights of the Consumers laid down in Clauses (a) to (f) of Section 6’. Thus, the object of the State Councils is the same as that of the Central Council discussed above. District Consumer Protection Council Section 8-A and 8-B of the Consumer Protection Act added by the Amendment act of 2002 deals with the establishment of the District Councils for promoting and protecting the rights of the consumers at district level. (1). The State Government shall establish for every district, by notification, a council to be known as District Consumer Protection Council with effect from such data as it may specify in such notification. [Section 8(1)]. (2). The District Consumer Protection Council (hereinafter referred to as the District Council) shall consist of the following members, namely,: a) The Collector of the District (by whatever name called), who shall be its Chairman; and b) Such number of other official and non official members representing such interests as may be prescribed by the State Government. [Section 8A (2)]. (3). The District Council shall meet as and when necessary but not less than two meetings shall be held every year.
  • 6. (4). The District Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. RIGHTS OF THE CONSUMERS Right to Safety: - This right has been recognised by the Section 6(a)as, ‘right to be protected against marketing of goods and services which are hazardous to life and property’. The rational behind this provision is to ensure physical safety of the consumers. The law seeks to ensure that those responsible for bringing goods to the market, in particular, manufacturers, distributors, retailers and the like should ensure that the goods are safe for the users. In case of Dangerous or Risky goods, consumer should be informed of the risk involved in improper use of goods. Vital safety information should be conveyed to consumers. Right to Information: - Under section 6(b) this right has been recognised as, ‘the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, so as to protect the consumer against unfair practices.’ Adequate Information is very important in order to make a right choice of goods to be purchased. This right ensures that the Consumer should be made aware of the quality, weight, contents and price of the product at a very pre-purchase stage. The fixing of the ISI mark and AGMARK enables the consumer to know about its quality. Under some other legislation, it is mandatory for the manufacturers and Packets to provide information on the package to the consumers about the contents, weight, purity and potency of the product being sold. Consumer suffer much on the price
  • 7. front as the prices often printed or tagged in the product are misleading and no price control is there except with respect to essential commodities. The Advertisement often misleads the consumers. All these factors are included and considered in the Right to information. Right to Choose: - This right has been recognised by Section 6(c) as, ‘the right to be assured, wherever possible, access to a variety of good and service at competitive prices'. Fair and effective competition must be encouraged so as to provide consumers with maximum information about the wide variety of competing goods available in the market. Suppliers' and buyers guide should be available to the consumers by the Government or Business Organisations to protect this right of consumers. Right to be Heard: - This right is ensure by Section 6(d) as, ‘the right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums.’ The Consumer Protection Act, 1986 has well taken care of this right by providing three stage redressal machinery to the consumers namely District Forum, State Commission and National Commission. Every Consumer has a right to file a complaint and be heard in this context. Further, with a view of providing better protection of this right, various public and private undertakings have provided Consumer Ombudsman (Complain cell) to provide redressal to consumer complaints outside the court. Right against Exploitation: -This right is guaranteed under Section 6 (e) of the acts as, ‘the right to seek redressal against unfair trade Practices or unscrupulous exploitation of consumers.’ Consumers are the most helpless lot in our country due to many factors. When
  • 8. consumers are exploited, an adequate remedy must be made available. This act has thus ensure to prevent exploitation of consumers by invoking the jurisdiction of Consumer Forums in cases involving unfair trade practices and restrictive trade Practices. Right to Education: - This right has been recognised under Section 6(f), of the act as, ‘the right to consumer education.’ The right to Consumer education is the right which ensures that the consumers are informed about the practices prevalent in the market, their rights and the remedies available to them. Unless the consumers are aware of their rights and remedies, Protection of their interest shall remain a myth. In this connection, the role of consumer protection Councils is vital. The Central Council must ensure to educate the consumers about their rights and remedies under the act throughout the country and the State Councils and District Councils must ensure to educate the consumers about these rights to consumers within their territories. For spreading such education, media, school curriculum and cultural activities may be used as a medium.
  • 9. BIBLIOGRAPHY Books • Gulshan, S.S. (2020). Business Law Including Company Law. New Delhi: New Age International Pvt Ltd. • Kucchal, M.C. (2013). Business Laws. Noida: Vikas Publishing House Pvt Ltd.