Consumer protection ppt

Consumer is the King & we need to protect the King (Consumer Protection Act)

1. NEED FOR CONSUMER PROTECTION ACT IN AN ERA OF FREE COMPETITION WHERE CONSUMER IS A KING THEREFORE , KING NEEDS PROTECTION Consumer Protection Act-1986

2. INTRODUCTION Caveat Emptor Caveat Venditor . Consumerism – the promotion of consumer’s interest. Consumer – demanding quality goods and better serivce for the value of their money. To increase sales – engage in unfair trade practices. Consumer Protection Act-1986

3. CONSUMER PROTECTION ACT-1986 This law was enacted in 1986 to protect interests of consumers in India To make provision for the establishment of consumer councils For settlement of consumer disputes This Act applies to all goods and services It guides how to file the case in consumer court Provide justice to consumers. It was passed by both the Houses of Parliament Consumer Protection Act-1986

4. CONSUMER Person who buys any commodity or service or uses such commodity or service Must satisfy two conditions to claim himself as a consumer The service must have been rendered to him He must have paid or promised to pay for the same If any person buy capital goods to provide services to other individuals then he is also recognized as consumer If any person who buys commodity with an intention to resale or trade then he is not recognized as consumer Consumer Protection Act-1986

5. CONSUMER OF GOODS AND SERVICES Consumer of goods Goods are bought for consideration Person who obtains goods for resale or commercial purpose is not consumer Consumer of services Services are hired or availed of Consideration must be paid or payable Beneficiary of services is also consumer Consumer Protection Act-1986

6. COMPLAINT An allegation in writing to council by an applicant It is a formal legal document that sets out the facts and legal reasons Complaint is filed for Defects in goods Deficiency in service Charging excessive price Hazardous goods Unfair trade practices Consumer Protection Act-1986

7. ELIGIBILTY FOR FILING THE COMPLAINT Beneficiary of the goods/services Legal representative of the deceased consumer Legal heirs of the deceased consumer Husband of the consumer A relative of consumer Insurance company Consumer Protection Act-1986

8. TIME FRAME WITHIN WHICH A COMPLAINT CAN BE FILED C onsumer dispute can be filled within two years from the date on which the action to place . To file a complaint the point of time when the action arises is an important factor for determining the time period available . There are no set of such rules which decide time rather it depends on the facts and circumstances of each case. Consumer Protection Act-1986

9. CIRCUMSTANCES WHEN A COMPLAINT CANNOT BE FILED A complaint on behalf of the public which consist of unidentifiable consumer which cannot be filed under the Act. A complaint by an individual on behalf of general public is not permitted . An unregistered association cannot file a complaint under the Act . A complaint after expiry of limitation period is not permitted. Consumer Protection Act-1986   DISMISSAL OF FRIVOLOUS AND VEXATIOUS COMPLAINTS If the complaint found to be frivolous and vexation then the district forum has the authority to dismiss the compliant. They can also say that the complaint shall pay the opposite party an amount of Rs.10000

10. NEED FOR CONSUMER PROTECTION Adulteration. Spurious goods. Misleading advertising. Artificial scarcity. Other problems. Consumer Protection Act-1986

11. INTERNATIONAL SCENARIO Due to increasing globalization. To unlock consumer power on a global scale. Consumer International took initiative. Guidelines for consumer protection. Specially for developing countries andnewly independent countries. Consumer Protection Act-1986

12. COMPARISON OF CONSUMER PROTECTION ACT IN INDIA AND UNITED KINGDOM INDIA United Kingdom Consumer Protection Act is an Indian 1986. The Consumer Protection Act 1987  The Act aims to provide better and all-round protection to consumers. the act implemented for product liability, Consumer safety , Misleading price indications Health Services provided by Government hospitals, Civic amenities provided by municipal authorities. All suppliers of goods and services, both in the private and in the public sector and the cooperative sector, are covered by the Act. the fact that older products were less safe than newer ones does not, of itself, render the older products defective. no claim can be brought more than 10 years after the date the product was put into circulation. District Forums at the base, the State Commission at the middle level and the National Commission at the apex level. no claim can be brought more than 10 years after the date the product was put into circulation. the state of scientific and technical knowledge when producer put the product into circulation was not such as to enable the existence of the defect to be discovered.

13. RIGHTS OF A CONSUMER Right to safety Right to choose Right to information Right to be heard Right to seek redressal Right to consumer education Consumer Protection Act-1986

14. CONSUMER GUIDANCE SOCIETY OF INDIA (CGSI) Golden Jubilee (1966-2016)-50 years in the service of consumers They believe in the consumer cause which includes  “Value for Price, Value for People and Value for Environment”. CGSI has reached out to lakhs of consumers Involved in consumer education. For the urban and rural low income consumers. School and college students. Consumer Protection Act-1986 The Activities of Consumer Guidance Society of India Complaint redressal Product testing Consumer education for schools/colleges- Publications National award

15. MONTHLY MAGAZINE BY (CGSI ) – KEEMAT March-April 2016 January-February 2016 Consumer Protection Act-1986

16. UNFAIR TRADE PRACTICE Any unfair method or deceptive practice used for supplying the goods or for the promotion of sales. Consumer Protection Act-1986 TYPES OF UNFAIR TRADE PRACTICES False representation. False offer of bargain price. Free gifts offer and prize scheme. Non-compliance of prescribed standards.

17. RESTRICTIVE TRADE PRACTICE Trade practice which tends about manipulation of price or delivery condition or affect flow of supply in a manner to impose consumer unjustified cost or restrictions. Consumer Protection Act-1986

18. DISPUTE SETTLEMENT 3-TIERMECHANISM “The aims and objectives of the Act are achieved by the constitution and creation of 3-tier judicial machinery depending upon the amount of loss involved.” District Forum State Commission National Commission Consumer Protection Act-1986

19. Established by Composition Jurisdiction Appeal District Forum State Government -Chairman & 2 members -One shall be woman -Terms for 5 yrs or upto 65 yrs whichever is earlier Head-District Judge Less than 20 lakhs To state commission within 30 days of order State Commission State Government -President & minimum 2 members -One shall be woman -Terms-for 5 yrs or upto 67 yrs whichevr is earlier Head-High Court Judge In range of Rs 20 lakhs to Rs 1 crore To national commission within 30 days of order National Commission Central Government -President & minimum 4 members -One shall be woman -Terms-for 5 yrs or upto 70 yrs whichevr is earlier Head-Sitting or retired judge of Supreme Court More than Rs 1 crore To supreme court within 30 days of order Consumer Protection Act-1986

20. “JAGO GRAHAK JAGO” SCHEME OF GOVT. OF INDIA Empowering Consumers Consumer Rights Consumer Complaints Redressal Alternative Dispute Redressal Consumer Awareness Upgradation of Standards Consumer Protection Act-1986

21. Consumer Protection Act-1986

22. Sl. no Name of Agency Cases files since inception Cases disposed of since inception Cases pending % of total disposal 1. National commission 98063 88031 10032 89.77% 2. State commission 694546 598477 96069 86.17% 3. District Forums 3650986 3365999 284987 92.19% Total 4443595 4052507 391088 91.20% Statistical Data: Total Number of Consumer Complaints Filed / Disposed since inception Under Consumer Protection Law. Consumer Protection Act-1986

23. Sex(M/F) Family Members Average family Size Male 200 2.5 Female 220 2.75 Total 420 5.25 Sex-wise Family Members of the Households Occupation No. of Households Percentage (%) Services 68 85 Big Business 02 2.5 Small Business 10 12.5 Total 80 100 Consumer Protection Act-1986 Occupational Status of the Head of Households

24. Statistical Data

25. Consumer Protection Act-1986 CASES UNDER CONSUMER PROTECTION ACT 1986

26. CASE 1 A tale of two consumer rights consumer complaints disappear into some galactic space and very rarely elicit a response Vandana Vasudevan is invitee for a seminar “Consumer Protection Act” at sylvan campus of the National Law School, Bangalore where he meet a bunch of young legal eagles. Student used a set of popular cosmetics and found that every claim made in the advertisements for these products was untrue. Case base on 2 consumer rights: The right to safety The right to information Consumer Protection Act-1986

27. They didn’t get any response from manufacture company, Company refused to accept their fault and gave several unsatisfactory results. We need to remember that this is a violation of two rights that we have as consumers—the right to be heard and the right to redressal . Consumer Protection Act-1986 Solution : To not offer the hazardous goods and remove them from sale. To award adequate cost. Replacement of the goods with new goods of good quality. Return the price paid by the complainant for the goods or services. To remove the defects or deficiency in the goods or services CASE 1 Products as follow :

28. CASE 2: A tiff between Reliance Media Works & Manoj Kumar Complainant – Manoj Kumar went to Big Cinemas in Jaipur run by Mumbai-based Reliance Media Works. He brought Aquafina water charged Rs-30 but MRP was rs-16, so he was upset of being overcharged and filed a complaint in District forum. Reliance opposed saying that in cinema halls bottles are meant for higher sale and lower in ordinary shop but no proof was furnished. Forum upheld Manoj complaint and direct cinema hall to refund rs-14 , compensation for mental agony- rs-5000 and litigation cost- rs-1500 Reliance filed a revision petition saying Manoj has purchased it from local shop. The commission observed that Pepsico was making contrary submission by stating that its Aquafina bottles were priced at Rs-16, but it was permissible to have two different MRPs . Consumer Protection Act-1986 JUDGEMENT Overcharging consumers is not permissible the commission saddled Reliance with further deterrent cost of Rs-5 lakhs for illegal enrichment by charging and extorting money from their customers. This amount would have to be deposited in the commission’s Legal Aid Account within 90 days, or with 9% interest if delayed.

29. VIDEO ON “CONSUMER RIGHTS “ Consumer Protection Act-1986

30. CONCLUSION Consumer Rights – Improper Implementation in Real Life Education of Consumer Rights works as a Shield to Consumers Technology helps Consumers to keep Up to Date Consumer Protection Programme – A Light Description Lets Make Consumer Protection Act Success & “Consumer as King” Consumer Protection Act-1986

31. WEBLIOGRAPHY http://cgsiindia.org/ http://www.archive.india.gov.in/spotlight/spotlight_archive.php?id=97#tab=tab-1 http://ncdrc.nic.in/statistics.html Book name- Business Law by TejpalSheth Case study from Times of India- 29Feb 2016 Consumer Protection Act-1986