Consumer protection act 1986 - PowerPoint Presentation

Slide1

Consumer protection act 1986

Roll no.:-31

Date :-23 jan 2018

Submitted to :-

Dr.

Daxa

ma’am

Slide2

Overviwe

Introduction

Definition

Who is consumer?

History of consumer

The consumer protection act amended in 2002

The consumer protection act amended in 2010

Features of consumer protection act

Objectives

Consumer Rights

Consumer responsibility

Need from consumer

Filing a Complaint

council

Consumer disputes redressal agencies

Case

Slide3

introduction

In order to provide for better protection of the interest of the consumer protection bills,1986 was introduced in the lok sabha 0n 5

th

December 1986.

Consumer protection act, 1986 is an act of parliament of India enacted in 1986 to protect interest of consumers in India.

The act seek to promote and protects the interest of consumers against deficiencies and defects in goods or services.

It also secure the rights of a consumer again unfair trade practices, which may be practiced by manufactures and trades.

The act applies to all goods and services unless specifically exempted by the central government .

It covers all the sectors whether private , public or cooperative.

Slide4

Conti

….

A responsible consumer is the one who takes active part in consumer protection.

The consumer protection act 1986 is a social welfare legislation which was enacted as a result of wide spread consumer protection movement.

Slide5

Who is consumer?

Consumer refer to any individual or household that use goods and services generated within the economy.

Any person who buys any commodity services or is a user or such commodity or service is known as consumer.

It does not include a person who obtains goods for resale or many commercial purpose.

Any person 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.

Slide6

History of consumer?

The act was passed in lok shabha on 9

th

December, 1986 and it came into force from 1

st

January 1987.

Rajya shabha passed on 10

th

December, 1986 and assented by the president of the India on 24

th

December, 1986 and was published in the Gazette of India on 26

th

December, 1986.

Slide7

The Consumer Protection Amendment Act 2002

:

The

Consumer Protection Act 1986 held great hopes for the helpless consumers who have been denied fair deal by the unscrupulous producers or traders.

In

the implementation of Consumer Protection Act 1986 some deficiencies in the Act were noticed.

Therefore

, some important amendments were made in the Act by Consumer Amendment Act 2002.

With

this amendment all the redressal agencies (District

Forums

, State Consumer Commissions and Central Consumer Commission) have been given the powers of a judicial magistrate of a first class for trial of offences within their jurisdiction, subject of course to the right of appeal from a lower redressal agency to a higher one

.

Slide8

Proposed Amendments in Consumer Act, 2010

:

The Cabinet has given clearance to the proposed amendments to the Consumer Protection Act which is likely to be passed by the parliament in winter session of 2010

.

These amendments seek to make the consumer protection law more responsive to consumer complaints through quicker disposal of cases

.

The proposed amendments have widened the scope of the law, specified time limit for quicker disposal of cases and rationalized qualifications for appointment of members of consumer forums at the state and national level.

Slide9

Features of CPA

It applies to all goods , services and unfired trade practices specifically exempted by the central government.

It covers all factors whether private, public or cooperative.

It provides for establishment of consumer protection councils as the central , state and district levels to promote and protect the rights of consumers and a 3 tires quasijudicial machinery to deal with consumer grievance and disputes.

Slide10

objectives

To protection of rights:

- protection against marketing strategy

- protection against quality/price

- protection against unfair trade practice

To against of consumer interest

To set up the consumer council

D. To protect and the give speed/simple redressal

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Consumer rights

C

hoose

Informed

Safety

Heard

Redressal

Education

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1.Right to choose

a consumer has the freedom to choose the goods needed from a variety of products.

These implies to that dealers and traders should offer a wide verity of product to consumer and should avoid using pressure tactics to sell goods of poor quality.

2. Right to informed

a consumer has a right to be inform about the ingredients, quantity, quality, purity, standard or grade, date of manufacturer and price of goods he intendeds to buy.

Also supplier and dealers must informed consumer about the safety precautions to be taken while using products to avoid loss or injury.

3.Right to safety

A consumer has a right to be protected against goods and servicer which are injurious to health and life.

Slide13

1.Right to choose

a consumer has the freedom to choose the goods needed from a variety of products.

These implies to that dealers and traders should offer a wide verity of product to consumer and should avoid using pressure tactics to sell goods of poor quality.

2. Right to informed

a consumer has a right to be inform about the ingredients, quantity, quality, purity, standard or grade, date of manufacturer and price of goods he intendeds to buy.

Also supplier and dealers must informed consumer about the safety precautions to be taken while using products to avoid loss or injury.

3.Right to safety

A consumer has a right to be protected against goods and servicer which are injurious to health and life.

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4.Rights to heard :

A consumer has a right to file a complaint and to be heard by manufacturers, dealers, advertisers, government and public bodies in case of dissatisfaction with good or a services.

5.Right to redressal:

If a consumer has a complaint or grievance due to unfair trade practices like charging higher price, selling of poor quality or unsafe products, and so on, he has right to get relief.

The consumer has a right to get defective goods replaced to money refunded by seller or dealer.

This right also provide also for due compensation to consumers for any loss or injury suffered due to the fault of supplier or manufacturer.

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6. Right to education:

Consumer education empowers to consumers to exercise their consumer rights.

For the purpose, consumer associations, educational institutions and government policy market are expected to educate and inform consumers about the rights and the relief available to them.

Today, a consumer also needs the know about company profile, government policies and introduction of new technology.

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Consumer responsibility:

Consumer must excise his rights.

Cautious consumer rights

Filling consist complaints for genuine grievances

Do not carried away by advertisement

Consumer must be quality cautious

on cash memo/bill

Disparage black marketing

Respect environment

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Need for consumer

Need for consumer point of view:

Consumer ignorance

Unorganized consumer

Widespread exploitation of consumer

Need from business point of view

Long term interest of business

Social responsibility

Government of intervention

consumer is the purpose of business

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Filing a complaint

Some important terms defined in CPA

Who is consumer?

- one who buy goods or hire services for some

value.

When or under what circumstance the complaints can be filed?

- false by traders and manufacturers

if goods are defective

Within what period the complaint can be filed?

-the complaint must be filed within 3 moths of

purchase and if some testing of goods is required then

within 5 months.

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Where the complaints can be filed?

District forum : the value of goods and compensation claim does not exceed rs. 20lakh.

Sate commission :the value of goods and compensation is more than 20 lakh but does not exceed 1 crore.

National commission : it take up all cases exceeding the value of 1 crore.

Who is not a consumer?

The person obtain goods for re-sale

The person who uses the goods without the approval of the buyer.

The person who obtain goods , hires or avails of any services without consideration.

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Council:-

The central consumer council:

The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection

Council

The Central Council shall consist of the following members, namely :—

(

a) the Minister

In charge

of 1[consumer affairs] in

the Central

Government, who shall be its Chairman

,

(b

) Such number of other official or non-official members representing such interests as may be prescribed. Procedure for meetings of the Central Council.

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The state consumer protection council:-

The state council shall consist of the following member namely –

The minister incharge of consumer affairs in the state government who shall be chairmen.

Such number of other official or non official member representation such interest as may be prescribed by the state

government.

Such number of other official or non official members, not exceeding ten, as may be nominated by the central government.

the state council shall meet as and when necessary but not less than 2 meetings shall be held every year.

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Con..

Composition

: it shall have 150 member namely:

the central minister in charge of consumer affairs shall be the chairmen .

The minister of state in the department of civil supplies (without independent charge )shall be vice chairmen.

8 MPs (5 from

L

ok sabha an 3 from Rajya sabha)

SC and ST comity member.

20 representative of the central government department concerned with consumer interest.

Slide23

Con…

at least 10 representative of women.

20 representative of farmers ,trade and industries.

15 member capable of representing consumer interest.

Objects (sec 6)

The right against marketing of hazardous goods and services.

The rights against unfair trade practices.

The right to get be heard to consumer’s interest receives due consideration at different forums.

The right to be redressed against unfair trade practices.

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Consumer dispute redressal agencies:

District forum

1 president -2 member

(1 woman)

Complaints: less than 20 lakh

Unsatisfied: appeal by district by depositing 25000

50% of complaint (which ever is less) (within 30 days)

State commission

1

president -2 member

Complaints: 20 lakh to 1 crore

Unsatisfied: appeal in national by depositing 35000 or 50%(whichever is less)(within a 30days )

National commission

1 president-4 members

Complaints: more than 1 crore

Unsatisfied: can appeal in supreme court (within 30days)