Law consumer protection act

1. ‘‘ NEED FOR CONSUMER PROTECTION ACT IN AN ERA OF FREE COMPETITION WHERE ‘CONSUMER IS A KING’ – SO KING NEEDS PROTECTION’’

2. Introduction: Consumer protection is a group of laws and organizations designed to ensure the rights of consumers Consumer protection Act enacted in 1986 Separate Consumer Dispute Redressal Forum have been set up throughout India (in each and every district as well) The Consumer Protection Act, 1986 aims to provide better protection of interest of consumers The Act extends to whole of India except the state of Jammu and Kashmir

3. The act was passed in Lok Sabha on 9th December,1986 and Rajya Sabha on 10th December, 1986 and assented by the President of India on 24th December, 1986 This act was enforced on 15 April, 1987.

4. Some Important Definitions: Any person who buys goods or services for a consideration Any person means individual company, group/ association of people User of such goods and services Movable property including shares, stocks, growing crops Forming part of the land Excluding actionable claims and money Tangible in Nature 1. CONSUMER 2. GOODS

5. Service is made available to potential users Eg : Provision of facilities - banking, financing, insurance, transport, supply of electrical energy, board or/and lodging Complaint is a statement made in writing by a person competent to file it It contains the allegations in detail Made in view to obtain relief 3. SERVICES 4. COMPLAINT

6. Unfair trade practice or a restrictive trade practice Goods having defects Service having deficiency Excess price charged Hazardous goods Hazardous service Consumer or consumers Voluntary consumer association Government which may be Central or State In case of death: Legal Heir, Beneficiary, Husband, Relative can file a complaint COMPLAINT MUST CONTAIN: 5. COMPLAINANT

7. Need, Purpose And Objective Of Consumer Protection Consumer Protection Caveat Emptor TO

8. Need For Consumer Protection Protection from Exploitation Consumer Education Redressal of Complaints A Connecting Link Quality Life for consumer Ethical Obligations

9. Purpose & Objective of Consumer Protection Protection of Consumer against unfair trade practices Protection of enjoying the rights

10. Importance Of Consumer Protection In A Business Organization Public Image Social Responsibility Increasing Awareness Customer Satisfaction Government Intervention

11. Rights Of The Consumers: The Right To Safety The Right To Choose The Right To Information The Right To Be Heard The Right To Redressal The Right To Consumer Education The Right For Basic Needs The Right For Healthy Environment

12. 1. The Right To Safety Before purchasing, consumers should inspect on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, FPO, Hallmark etc.

13. 2. The Right To Choose The consumer before purchase a product needs to be made aware of: Variety of products and services Fair prices Quality Quantity Competition Knowing this the consumer can make his/her choice for the product

14. 3. The Right To Information The consumer has the right to be informed about the quality, quantity, purity, standard and price of goods so as to protect themselves against unfair trade practices.

15. RTI & The Consumer Protection Act

16. The consumer has the right to be heard and be assured that their interests or views or complaints will be considered at consumer forums 4. The Right To Be Heard 5. The Right To Redressal The right to seek redressal against unfair trade practices or restrictive trade practices or exploitation of consumers

17. 6. The Right To Consumer Education The consumers should have access to informational programs and materials that would enable them to make better buying decisions

18. 7. The Right For Basic Needs Every consumer has the right to get the quality basic needs such as food, clothing and shelter .

19. 8. The Right For Healthy Environment The manufacturer should aim at producing more environment friendly and energy efficient products. The products which can be recycled has the following symbol: NOTE: Rights number 7 & 8 have been added by the amendment in the act in 1993 and 2002 respectively.

20. Responsibilities Of A Consumer Be aware of various goods & services available in the market Buy standardize products only ( eg : ISI marked products) Be aware of each & every aspect of the product while purchasing it Buy legal products Ask & take the proof of the purchase File a complaint in an appropriate consumer forums Respect the environment

21. Consumer Is The King..

22. Free Market

23. Conditions For A Free Market To Exist 1

24. CONSUMER PROTECTION COUNCIL NEED FOR CPC: To Promote And Protect The Rights Of The Consumers

25. Composition Of These Councils

26. Consumer Disputes Redressal Agencies

27. Composition

28. Jurisdiction

29. Procedure On Receipt Of A Complaint It is the same for all the 3: District Forum, State Commission & National Commission. But for the National Commission before the procedure begins following should be kept in mind.

30. A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National Commission

31. The Procedure I] Referral of the complain copy to the opposite party; II] If Opposite party denies or disputes the allegations or fails to take any action then CDRA shall proceed to settle the dispute

32. Appeal

33. Total Number of Consumer Complaints Filed / Disposed / Pending Under Consumer Protection Law

34. Non-Governmental Consumer Organizations Initiatives towards Consumer Protection

35. Consumer Guidance Society Of India (CGSI) 1st consumer organization to demand special Consumer Court for redressal of consumers' complaints Founded by nine women in 1966 Monthly magazine - "KEEMAT" (Currently 32nd Year of publication) Produced consumer guides (electrical appliances, edible oils, pesticides, etc) Handles consumer complaint & offers legal guidance The CGSI aims at making consumers conscious of their rights and responsibilities and strives to ensure it Example :Consumer education for rural consumers

36. Mumbai Grahak Panchayat Mumbai Grahak Panchayat (MGP), or Bombay Consumer Forum, started as an agitation against the increase of consumer prices near festival season for fair and free distribution of consumer goods Indian Societies Registration Act 1960 and Indian Public Trust Act 1950 in the name of MGP Primary objectives - organizing the consumers for common causes, educating them and protecting consumer interest through legal and other means More than 27,900 members and it has a presence in Greater Mumbai, Thane, Raigad and Ratnagiri district Various activities conducted here – Monthly distribution of groceries, Panchayat Peth , Road Shows and Cosumer Clubs Example: V/S

37. Consumer Education and Research Centre Protects consumer interest in India through various mediums It is an UNITED NATIONS approved NGO Mission - environmental protection, creating transparency and accountability in the public, etc Example: CERC's intervention compels mattress manufacturer to refund partial cost of defective mattress

38. Hindustan Unilever Customer Ombudsman Initiative In 2008, Hindustan Unilever had roped in an ombudsman. It was restricted to end consumers of HUL products. This was the first time an FMCG company had appointed an independent and expert mediation procedure for the benefit of its consumers.

39. Comparative study of India Vs Thailand Consumer protection Act Does not focus on the whether the defendant is negligent. Plaintiffs just have to Prove that the loss is caused due to the product Special masters are appointed for speedy and fair proceedings NO FAULT COMPENSATION SCHEME Focus is to prove that the product is defective, not necessarily unsafe Three-tier quasi-judicial system Defendant responsible for paying compensation only if proved guilty or negligent THAILAND INDIA 1.The Act on Liability for Injury from Unsafe Products 2. The Act on Court Proceedings for Consumer Cases 3.The Medical Malpractice Victim Fund Bill

40. Case Studies In India SC orders record Rs 5.96 Crore in a Medical Negligence matter against Kolkata Hospital Nokia to pay Rs 67,000 for selling Defective Cell Phones Punjab Institute fined Rs 38 Lakhs for selling Diploma as MBA

41. Case Studies Abroad Case #1: The Disappearing Car Case #2: The Pickup with Problems Case#3: The Chair Shortage

42. Caselets Case #1: Jerome and Judith O'Callaghan sued American Airlines for $100,000 Case #2: Zeynep Inanli sued Starbucks for millions of dollars

43. Bibliography   http://en.wikipedia.org/wiki/Consumer_protection#India http://www.ncdrc.nic.in/1_1.html http://ncdrc.nic.in/statistics.html http://www.gizmopod.com/gallery/2868/10-ridiculous-lawsuits?utm_content=buffer4049a&utm_medium=social&utm_campaign=buffer&utm_sorce=twitter.com   http://articles-junction.blogspot.in/2013/06/what-is-need-and-importance-of-consumer.html?m=1   http://www.ask.com/question/why-do-we-need-consumer-protection   http://agmarknet.nic.in/amrscheme/armstandconsu.htm http://ncdrc.nic.in/1_1_2.html

44. Thank You