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INTRODUCTION
What is consumerism Gone are the days when the consumers were treated as slaves. Shift from Sellers market to buyers market. Industrial development has led to the influx of various goods and services in the market. Consumer is the king of the market
The act was passed in LokSabha on 9th December,1986 and RajyaSabha on 10th December, 1986 and assented by the President of India on 24th December, 1986 and was published in the Gazette of India on 26th December, 1986.
2.Complainant {Sec 2(1)b}. .(A Consumer .An association of consumer registered under Companies Act of 1956. .The Central or State Govt. .One or more consumers having same interest. .The legal Heir or representative in case of death of the consumer.)
A person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised or any other user of such goods when such user is made with the approval of the buyer.
OR
A person who hires or avails of any services for consideration which has been paid or promised or partly promised or under any system of deferred payment.
(Imp Consumer does not include a person who obtains goods or avails services for commercial purpose or resale.)
Winner of a lottery (Byford v/s Shrivastava. Warranty of free service. Passenger traveling by train. A person registering for gas connection. Subscriber of telephones. User of electricity. User of sewerage system laid down by Municipal Corporation. Purchaser of equipment using it by himself in the practice of his profession.
Parents of the infant person. Subscriber to a provident fund. Person buying goods for resale use in large scale profit making activity. Insurance Company.
CASE STUDY
Consumer dispute
THE PERSON AGAINST WHOM A COMPLAINT IS MADE DENIES THE ALLEGATIONS CONTAINED IN THE COMPLAINT.
DEFECT
DEFICIENCY
COVERED UNDER SECTION 2(1)(g). ANY FAULT, IMPERFECTION, SHORTCOMING OR INADEQUACY IN THE QUALITY, NATURE AND MANNER OF PERFORMANCE TO BE MAINTAINED IN RELATION TO ANY SERVICES.
DISTRICT FORUM
COVERED UNDER SECTION 2(1)(h). A CONSUMER DISPUTES REDRESSAL FORUM ESTABLISHED UNDER CLAUSE (a) OF SECTION 9. ESTABLISHED BY THE STATE GOVERNMENT IN EACH DISTRICT OF THE STATE BY NOTIFICAION.
goods
ANY KIND OF MOVABLE PROPERTY OTHER THAN ACTIONABLE CLAIMS AND MONEY.
NATIONAL COMMISSION
COVERED UNDER SECTION 2(1)(k). NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION ESTABLISHED UNDER CLAUSE (c) OF SECTION 9. ESTABLISHED BY THE CENTRAL GOVERNMENT BY NOTIFICATION.
State commission
COVERES UNDER SECTION 2(1)(p). A CONSUMER DISPUTES REDRESSAL COMMISSION ESTABLISHED UNDER CLAUSE (b) OF SECTION 9. ESTABLISHED BY THE STATE GOVERNMENT IN THE STATE BY NOTIFICATION IN THE OFFICIAL GAZETTE.
TRADER
COVERED UNDER SECTION 2(1)(r). UNFAIR METHOD OR UNFAIR OR DECEPTIVE PRACTICE ADOPTED FOR PROMOTING THE SALE, USE OR SUPPLY OF ANY GOODS OR FOR THE PROVISION OF ANY SERVICES.
COVERED UNDER SECTION 2(1)(nn). A TRADE PRACTICE WHICH REQUIRES A CONSUMER TO BUY, HIRE OR AVAIL OF ANY GOODS OR SERVICES AS A CONDITION PRECEEDENT FOR BUYING OR HIRING OF OTHER GOODS AND SERVICES.
Right to Safety. Right to be informed. Right to Choose. Right to be heard. Right of Seek Redress. Right to Consumer Education. Right to a Healthy Environment.
Consumer Complaint
Any allegation made by the complainant in writing
Unfair
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 The Central Government or any State Government, One or more consumers, where there are numerous consumers having the same interest.
Up to 1 Lakh Rs.100. 1 Lakh & above but less that 5 Lakhs Rs.200. 5 Lakhs & above but less that 10 Lakhs Rs.400. 10 Lakhs & above but less that 20 Lakhs Rs. 500
Do I have to be there myself to file a complaint? Ans : No How to inform the opposite party about the complaint?
To remove the defects pointed out by the appropriate laboratory from goods in question. To replace the goods with new goods of similar description which shall be free from any defect To return to the complainant the price, or, as the case may be, the charges paid by the complainant.
To discontinue the unfair trade practice or the restrictive trade practice or not to repeat them.
Not to offer the hazardous goods for sale.
Continued
To withdraw the hazardous goods from being offered for sale To cease from manufacturing of hazardous goods
CONCLUSION