A LAB Presentation on ~Consumer Rights & Remedies~

Presented by group 4 AVINASH PATRO MAINAK CHAKRABORTY NIDHI GUPTA PRANTA PAUL PURWAK SITANI SHEKHAR PRATAP SINGH SECTION-D,MBA-1,SESSION-2012-2014 SRIKANT NAYAK SHYAMS TABREZ NISHANT PARIDA

~ROADMAP~

An act to provide better protection of the interests of consumers & for that purpose to make provision for the establishment of consumer councils & other authorities for the settlement of consumers disputes & for the settlement of consumers disputes & for matters connected therewith. In the history of consumer legislation in India, the Consumer Protection Act,1986 extended a statutory recognition to the rights of consumers. Caveat emptor Age-old principle of law where buyers in commercial transactions are to beware ie. the onus lies upon them to ascertain the sanctity of the product. This rule has, over the years, become subject to disclosure requirements imposed on sellers, as well as to any other warranties / guarantees the seller may provide.

~ OBJECTIVE ~

~ DEFINITION OF A CONSUMER ~
Any person who buys any goods for a consideration which has been paid or promised or partly paid & partly under any system of deferred payment & includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose. Contd

Contd

A consumer can also be defined as a person who hires or avails any services for a consideration which has been paid or partly paid & partly promised, or under any system of deferred payment & includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised , or partly paid & promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.

~ REDRESSAL A CONSUMER MAY SEEK ~

Removal of defects in goods or deficiency in services.

Replacement of defective goods. Refund against defective goods or deficient services.

Compensation.
Prohibition on sale of hazardous goods.

~ CONSUMER RIGHTS ~
1. Right to be protected against the marketing of goods and services which are hazardous to life and property. 2. Right to be assured, wherever possible, access to a variety of goods and services at competitive prices. 3. Right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.

Contd
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 trade practices. Right to be heard and to be assured that consumers' interests will receive due consideration at appropriate form. Right to consumer education.

~ NECESSARY TRADEMARKS A CONSUMER MUST CHECK WHILE PURCHASING GOODS ~ 1.ISI MARK-Buyers should look for this logo on baby food, mineral water, electrical & cooking gas appliances, pressure cookers, cement .It guarantees quality of every batch in production process (use of components, testing standard of product, in-process checks, qualified technical personnel). ISI license is granted by the BIS (Bureau of Indian Standards) for 1 year only & performance of manufacturer is monitored after renewal. 2.BIS-HALLMARK- It is a hallmarking system for gold as well as silver jewellery sold in India certifying to the purity of the metal. It certifies that the piece of jewellery conforms to a set of standards laid by the Bureau of Indian Standards, the national standards organization of India. BIS hallmark for gold jewellery consists of several components: The BIS logo. A three digit number (out of a set of six pre-defined values) indicating the purity of the gold in part-per-thousand-format viz:- 958(23 carat), 916(22 carat), 875(21 carat), 750(18 carat), 585(14 carat) & 375(9 carat). Thus a BIS 916 hallmark would certify to a purity of 916 per 1000, that is 91.6%, translating to a 22 carat purity of gold. Logo of the assaying centre. A code denoting the date of hallmarking. Logo/code of the jeweller.

in India, assuring that they conform to a set of standards approved by the Directorate of Marketing and Inspection, an agency of the Government of India. The AGMARK is legally enforced in India by the Agricultural Produce (Grading and Marking) Act of 1937 (and amended in 1986). The present standards cover quality guidelines for 205 different commodities spanning a variety of Pulses, Cereals, Essential Oils, Vegetable Oils, Fruits & Vegetables, and semi-processed products likeVermicelli.

4.FPO- The FPO mark is a certification mark mandatory on all processed fruit products sold in India such as packaged fruit beverages, fruit-jams, crushes and squashes, pickles, dehydrated fruit products, and fruit extracts, following the Food Safety and Standards Act of 2006.The FPO mark guarantees that the product was manufactured in a hygienic 'food-safe' environment, thus ensuring that the product is fit for consumption.

~ CONSUMER REMEDIES ~
Consumer Remedies are basically done when a consumer protection statute is violated, an action may sometimes be brought by the consumer against the wrongdoer. It is generally taken by an administrative agency/government.

Depending on the nature of relief yearn for by the consumer and on the basis of relevant facts, the redressal forums accordingly may give order for one or more reliefs. The remedies can be:
1. To remove the defects or deficiencies pointed out by the appropriate customer from goods-any kind of malfunctioning noticed by the consumer should be brought into notice. To replace the goods with new goods of similar description which shall be free from any sorts of defect- suppose a person buys a decorative item, and if he finds a crack in it,it is the responsibility of the shopkeeper to replace it with that of a same defect less piece. To remove the defects or deficiencies in the services in question. Contd

2.

3.

Contd
4. To 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 negligence in opposite party.

5. Refund of the price paid.

6. Discontinuance of unfair trade practices/restrictive trade practices and directing not repeating them.

Contd

Contd
7. Not to offer the hazardous goods for sale.

8. To withdraw the hazardous goods from being offered for sale.

9. To provide for adequate costs to parties.

~ CONCLUSION ~
Rights and Remedies are the basic means for providing better facilities & settling disputes if any discrepancies arise.

Consumer can always file a complaint against any defective item and ask for a replacement of the same item.
Consumer should be well awared with the rights before buying any sort of goods. Refund should be provided if any defective piece is found out.

Thank You !