Consumer Protection Act of 1986.

Prof. Nikunj Nayak V. M. Patel Institute of Management, GANPAT UNIVERSITY. B.E

Group Members

Bhojak Keyur B. Gardhariya Dhaval L. Kaladia Akram R. Mistri Hetal G.

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CONSUMER

CONSUMER who buys goods and services for a price. GOODS means every kind of moveable property.

 Complaint Complaint may be filed against a trader as well as service provider for adopting deceptive practices in provision of services.
Complainant Complainant will now also include the legal representative of the consumer, in case of his death.

Unfair trade practices [sec. 2(1) (r)]

It means trade practices which a trader, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service
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The practices included are:

(1)The practice of making any statement, whether orally or in writing or by visible representation which are the following points.
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 Not correctly represents that the goods are of particular standard, quality, quantity, grade, composition, style or model; Not correctly represents any rebuilt, second hand, renovated, or old goods as new goods;

 Not correctly represents that the services are of particular standard, quality or grade; Represents that the goods or services have sponsorship, approval, performance, uses characteristic, accessories or

benefits which such goods or services do not have; Represents that the seller or the supplier has sponsorship or approval or affiliation which such seller or supplier does not have;

CONSUMER DISPUTES REDRESSAL AGENCIES

There are three such agencies

District forum State commission

National Commission

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DISTRICT FORUM

1. District Forum is for one or more district. 2. A consumer can file his claim if the limit of the claim is upto Rs. 20 lakhs. 3. Appeal from the decision of the District Forum is to be filed within 30 days of its order to the state Commission.

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STATE COMMISSION

1. A state commission is for one or more states. 2. A consumer can file his claim if the claim is above Rs. 20 lakhs but below one crore. 3. Appeal from the decision of the State Commission can be filed within 30 days of its order to the National Commission

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NATIONAL COMMISSION

1.National Commission is one for the whole of India. 2.A consumer can file his claim if it is more than Rs. 1 crore. 3.Appeal from the decisions of the National Commission can be made in the Supreme Court of India.

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Consumer Protection Council

The Consumer Councils are created to advise and assist the consumers in seeking and enforcing their rights.
the consumer Protection Act comprising of Sections 4 to 8 deals with Consumer Protection Councils. We have Consumer Protection Councils both at Centre level and State level.

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Objects of the Councils [Sections 6 and 8]

Right to safety It is right to be protected against the

marketing of goods and services which are hazardous to life and property. Right to information - It is right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, with a view to protect the consumer against unfair trade practices. Right to choose - The right to choose can be made meaningful by ensuring access to a variety of goods and services at competitive prices.

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Right to represent - It is right to be heard and to be assured that consumers

interests will receive due consideration at appropriate forums. practicesexploitation of consumers.

Right to redressal - It is a right to seek redressal against unfair trade

Right to education - The right to consumer education is a right which ensures that consumers are informed about the practices prevalent in the market and the remedies available to them.

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Rights of Consumers
1.The right to be protected against marketing of goods and services which are hazardous to life and property. 2.The right to be informed about the quality, quantity, potency, purity, standard and price of goods and services so as to protect the consumers against unfair trade practices.

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3.The right to be assured ;wherever possible, access to goods and services at competitive prices. 4.The right to be heard : And to be assured that consumers will receive due consideration at appropriate forum. 5.The right to seek redressal :Against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.
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6.Right to consumer education: By publishing material and magazines for the benefit of consumers , such as magazine like UPBHOKTA JAGRAN

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Remedial Action
The consumer dispute redressal agencies can arrive at any of these Remedial action. 1.to remove defects 2.to replace goods 3.to return the price 4.to pay compensation 5.to remove deficiencies in services 6.to discontinue the unfair trade practice or the restrictive trade practice.

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7.To withdraw hazardous goods 8.To cease manufacture of hazardous goods 9.To pay such sum as may be determined by such agency 10.To issue corrective advertisement 11.To provide for adequate costs parties.

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 File WITHIN 2 YEARS of cause of action in the District Forum where the seller has his business or lives or where the incident happened. Submit 3 COPIES OF COMPLAINT ON PLAIN PAPER WITH SUPPORTING DOCUMENTS (receipt, bill etc.) NO LAWYER IS NEEDED.

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ESSENTIAL INFORMATION IN THE APPLICATION

The following information must be furnished with the complaint :-

Your name and full address. Name and full address of opposite party. Description of goods or services. Quality and quantity. Price. Date & proof of purchase or hiring. Nature of problem. Type of redressal you want.

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Lets see some example;

Reasonable time to compare the goods The consumer must be given a reasonable amount of time to compare the goods with the original sample. This does not apply to demonstration models.
Example: A consumer buys a car based on a demonstration model shown to them by the car dealer. The dealer can sell the demonstration model to someone else he does not have to keep it to allow the consumer to compare their car to that model.

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Unavoidable differences The guarantee that goods will match any sample or demonstration model applies even if the differences are unavoidable, provided they are substantial.
Example: If shading, piling or colouring in an installed woollen carpet is substantially different from the sample used to sell it, the consumer may be entitled to remedy.

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Un Guidelines For Consumer Protection

Introduction;
After Many years of hard lobbying by the international organization of consumer unions (later renamed as consumers international), on 9th April 1985, the united nations adopted the guidelines of consumer protection by the general assembly which provide for enhanced protection of consumers by enunciating various steps and measures around seven themes.

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Steps & measures around seven themes; physical safety

economic interest standards essential goods and services
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 redress education and information. health

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Objectives

to assist countries in achieving or maintaining adequate protection for their population as consumers to facilitate production and distribution patterns responsive to the needs and desires of consumers.

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 to facilitate the development of independent consumer groups. to further international cooperation in the field of consumer protection.
to encourage the development market conditions

which provide consumers with greater choice at lower prices.

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General principles
the legitimate needs which the guidelines are intended to meet are the following; the promotion and protection of the economic interest of consumers consumers education

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 availability of effective consumer redress the protection of consumers form hazards to their health and safety.

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