2. Contents:
ABOUT CONSUMER PROTECTION ACT
WHO IS CONSUMER
OBJECTIVES OF THE ACT
WHY THIS ACT
CONSUMER RIGHTS
CONSUMER DISPUTES REDRESSAL AGENCIES
Councils
PROMINENT CONSUMER GROUPS IN INDIA
Functions of dept. of consumer affairs
Consumer responsibilities
PURCHASING UNDER PUBLIC DISTRIBUTION SYSTEM
How consumer are exploited
3.
4.
5. A consumer or Any voluntary consumer association
registered under the companies act 1956 or under any
other law for the time being in force or
In case of death of a consumer, his legal heir or
representative Or,
One or more consumers, where there are numerous
consumers having the same interest
The central government or any state government
6. If consumers have suffered loss as result of
any unfair trade practices adopted by the
trader.
If the goods purchased suffer from any
defect
If the services hired of suffer from
deficiencies in any respect
If consumers have been charged a price in
excess of the price displayed or fixed
7. The name , description and address of the complainants and the
opposite party.
The facts relating to complaint and when and where it arose
Documents in support of allegations in the complaint
The relief which the complainant is seeking
The complaint should be signed by the complainant or his
authorized agent.
8. Better protection against exploitation
Provides for promotion and protection of the rights of
the consumers
Provide remedies for deceived consumers
To protect consumers through enforcement of weights
and measures act
To implement minimum support price scheme
9.
10. Services of any description which is available of
potential users and includes, but not limited to, 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
Housing construction is a service
11.
12.
13. Consumer rights
Right to safety
Right to consumer
education
Right to information
Right to seek
redressal
Right to be heard
Right to choose
14. This right is referred to as ‘right to be protected against
marketing of goods and services which are hazardous to life
and property’.
It is applicable to specific areas like healthcare,
pharmaceuticals and food processing, Automobiles, Housing,
Domestic Appliances, Travel etc.
The Government of India needs to have world class product
testing facilities to test drugs, food, cars or any other
consumable product that can prove to be a menace to life.
This right needs each product which can potentially be a
danger to our lives to be marketed after adequate and
complete verification as well as validation.
15.
16. The right to information is ‘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’.
In the market place of India, consumers get information by two
ways namely advertising and word of mouth however these
sources are considered to be unreliable but still this word of
mouth is quite common.
Thus , the Indian consumers hardly have precise and complete
information for assessing the true value, safety, suitability,
reliability of any product.
17. Means right to seek redressal against unfair trade
practices or exploitation of consumers
It includes right to fair settlement of the genuine
grievances of the customer.
Consumer must only make complaints for their
genuine grievances
They can also take help of consumer
organizations in doing so
18. Means that consumer interest will receive due consideration at the
appropriate forums
It includes right to be represented in various forums formed to
consider the welfare of consumers
Consumer should form non political consumer organization which
can be given representation in committees formed by the
government.
There is a website, Consumerdaddy.com, where consumers can
upload their criticisms as well as file complaints.
19. Means right to be assured, where every possible of
access to variety of goods and services
In case of monopolies, it means right to be assured of
satisfactory quality and service
It includes right to be able to choose the goods and
services that one wants to buy without any
manipulation from the seller.
20.
21. REDRESSAL FORUMS HAVE BEEN ESTABLISHED
AT 3 DIFFERENT LEVELS
National
Commission
State Commission
District Forum
22.
23. The District Forum shall have jurisdiction to entertain
complaints where the value of services and
compensation claimed does not exceed 5,00,000.
A complaint can be filed by:
Ø The consumer to whom such service is provided or is
agreed to be provided
Ø The Central or the State Government
Ø Any recognised consumer forum
Ø One or more consumers
24. If, after the proceedings, the District Forum is satisfied that any
of the allegations contained in the complaint about the services
are proved, it shall issue an order to the opposite party
directing him to do one or more of the following things:
1. To return to the complainant the charges paid.
2. Pay such amount as may be awarded by it as compensation
to the consumer for any loss or injury suffered by the
consumer due to the negligence of the opposite party.
3. To remove the deficiency in the services in question.
4. To provide for adequate costs to parties.
25.
26. The State Commission has jurisdiction to
entertain –
1. Complaints where the value of services and compensation
claimed exceeds rupees 5 lakhs but does not exceed rupees
20 lakhs;
2. appeals against the orders of any District Forum within the
state ;
3. revision petitions against the District Forum.
27.
28.
29.
30.
31. The District Forum , the State Commission or
the National Commission shall not admit a
complaint unless it is filed within 2 years from
the date on which the cause of action has
arisen.
In case there are sufficient grounds for not
filing the complaint within such period,
extension may be granted.
32. Where a person against whom a complaint is made or the
complainant fails or omits to comply with any order made by
the District Forum
The State Commission or the National Commission, as the
case may be, such person or complainant shall be punishable
with imprisonment for a term which shall not be less than one
month but which may extend to three years, or with fine
which shall not be less than 2,000 rupees but which may
extend to 10,000 rupees or with both.
In exceptional circumstances the penalties may be reduced
further.
35. Members:
District collector is the chairman
other official and non official members are appointed by
chairman
Meetings:
Number of meetings-not less than 2
Time and place-as decided by the chairman
Objective:
To protect the consumers within the district laid down and
to address their grievances
36. Members
Chairman- The minister in charge of the consumer affairs of
state government
The number of other official or non official members
representing interests as by state government.
Meetings:
Number of meetings-not less than 2
Time and place-depends on chairman
Objective:
To promote and protect within the state
37. A central government may establish with effect from such date
as it may specify in notification, a council to be known as Central
Consumer Protection Council.
The minister in charge of consumer affairs in the Central
Government is the chairman
The central council shall meet as and when necessary, but at
least one meeting per year is required.
The council will meet as per the time and place as the chairman
may think fit.
40. This stands for “Consumer Guidance Society Of India”
This was the first consumer organization to demand
consumer court for redressal of consumers compliant.
CGSI’s activities include
Consumer education
Holding talks to spread consumer awareness in rural and
urban areas
Consumer complaint redressal
Testing consumer products
Publication of “KEEMAT”- a monthly news magazine
41. This stands for “Mumbai Grahak Panchayat”
MGP is the largest voluntary consumer organization in
India with a membership of 24,500 families
It has been engaged in activities of consumer
protection and education for the last 33 years
Its unique collective group buying system provides a
best practice model for sustainable consumption
42. This stands for “Consumer Utility And Trust Society”
CUTS International (Consumer Unity & Trust Society)
began its journey in 1983 in Rajasthan, from a rural
development communication initiative
It is the one of the largest consumer groups in India
with overseas centers in Geneva, lusaka and Nairobi.
CUTS has now completed 30 glories years.
43. This stands for “Voluntary Organization in the
Interest of Consumer Education”
VOICE has initiated a program of educating
farmers in DELHI-NCR on farming without using
pesticides
44. National Consumer Rights Day is observed every year in India on December
24,
The Consumer Protection Act was enacted in 1986 with the objective of
providing better protection of consumer's interest.
Effective safeguards are provided to the consumer, against various types of
exploitations and unfair dealings, relying mainly on compensatory rather
than a disciplinary or preventive approach under the Act.
The Act applies to all goods and services unless specifically exempted, which
covers the private, public and cooperative sectors. It also provides speedy
and inexpensive adjudication.
47. Education
It helps consumer
make wise purchasing
decisions by informing
them about the laws
It also explains what
they should know
about protecting
themselves.
Licensing
It helps in licensing
professionals who
pass specialized
examinations
Ensures individuals
are permitted to
provide services.
48. Complaint resolution
Helps in handling
complaints against
occupation regulated
by the bureaus
Resolutions are faster
and less costly.
Enforcement
This is DCA’s primary
responsibility
Department has the
authority access fines
and issues notices of
violation
49. It is the consumer awareness program campaign from the
ministry of consumer program affairs, government of India
The government has created channels to create consumer
awareness like print media advertisement, audio campaigns,
video campaigns
It is still in its primitive stage but will emerge to be a
successful campaign.
This campaign helps in spreading awareness and saving
consumers from the exploitation of the sellers
50.
51. To ensure a mechanism for standardization
and quality, BIS has been identified in the
sectors namely
Food
Power
Steel
Automobiles
Textiles &
Information Technology
52.
53. It is always desirable that the consumer
should not depend on the seller for
information and choice as far as possible .
54. The proof of purchase and documents related
to purchase of durable goods should be
invariable obtained and preserved.
Example: invoice
55. Consumers are expected to bear in
mind that while making complaints
and claiming compensation for loss
or injury they should not make
unreasonably large claims
The claim made should be rational
and should be made irrespective of
the compensation price
56. Some consumers, especially during the
guarantee period,
make rough use of the product, thinking that it
will be replaced during the guarantee period.
This is not fair on their part. They should always
use the products properly.
57.
58. The medicines are to be carefully
checked before buying as they are
important for one’s health.
The expiry date should also be
checked before purchasing.
Without the prescription of the
doctor the medicine should not be
consumed.
59. The clothes are also to be dually
checked by the consumers.
The instruction on the clothes
are to be read carefully
Consumers can also try the
clothes before buying them to
be sure about the quality of the
clothes
60.
61. The standardization mark for
cosmetics is EU- REGULATIONS
1223/2009
The information on the bottles
should be clearly read by the
consumer before purchasing.
Eg. An anti-ageing cream advert
has been banned for misleading
consumers.
65. Substandard quality
The consumers are often
cheated into buying
substandard quality products
To avoid this we have
standardization marks like
AGMARK, HALLMARK etc.
Duplicate articles
The consumer should carry out
comparative study before
purchasing
This is needed to avoid the
duplication of the product as
the same product is available at
different prices in different
outlets.
66. Lack of safety devices
The consumers provided with
safe products which are not
harmful to their health.
The right to safety ensures the
consumers safe access to
products.
Poor or in adequate after sales
service
The consumers are often
promised after sales services at
the time of purchasing the
product.
But this does not happen in
practice
After sales services are often a
medium to lure the customer into
buying the product.
67.
68. Doctor ordered to pay Rs 2 lakh as damages to patient
KANPUR: District consumer protection forum on Monday
directed a child specialist, Dr RC Gupta, to pay Rs 2 lakh to
complainant Prince, son of Santosh Kumar, within 30 days.
The complainant had sought a sum of Rs 19 lakh as damages
caused by the wrong treatment given Dr Gupta.
A resident of Bidhuna town in Auraiya district, the complainant
stated that he was suffering from fever in December 2001 and on
advice of local doctors he had visited the clinic of child specialist
RC Gupta situated at Chunniganj on January 14, 2002.
69. The doctor examined him and prescribed medicines and
advised him to visit clinic again for check-up after seven days.
The complainant claimed that prescribed medicine did not
provide any relief. When he went again to the doctor on
stipulated time and explained his condition. The doctor
enhanced the dose of medicine prescribed in old prescription..
The complainant consulted the child specialist of Etawah and
he stated that wrong treatment was being given to him. He
was suffering from meningitis. On January 29, he again
consulted Dr Gupta and he referred him to a home.
70. During examination doctors, observed there that he was suffering from
meningitis and brain TB and so far he received wrong treatment. Due to wrong
treatment, the complainant got handicapped and lost his eyesight.
The doctor appeared before the forum and admitted that he had treated him
on the basis of external symptoms. He did not return for follow-up check in
time and spent his time in consulting other doctors. On January 29, his
condition was critical and the doctor had advised the patient to get admitted
at the nursing home where meningitis and brain TB was detected.
Forum president LB Singh and member Sumanlata Sharma observed that
doctor was negligent towards his duties and his act comes under the preview
of dereliction of duty, therefore he was liable to pay a sum of Rs. 2 lakh as
damages to the complainant.