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MeCom -3rd sem


UBS
r 

h All of us are consumers of goods and


services.
h For the purpose of the Consumer Protection
Act, the word "Consumer" has been defined
separately for "goods" and "services".
u     

=ne who buys or agrees to buy any goods for


a consideration which has been paid or
promised or partly paid and partly promised
or under any system of deferred payment;
ï A person is not a consumer if he
purchases goods for commercial or resale
purposes.
u    


h =ne who hires or avails of any service or services


for a consideration which has been paid or promised
or partly paid and partly promised or under any
system of deferred payment.
h It includes any beneficiary of such service other than
the one who actually hires or avails of the service for
consideration and such services are availed with the
approval of such person.
 



h ðight to be protected against the marketing of goods and service


that is hazardous to life and property.
h ðight 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.
h ðight to choice wherever possible , access to a variety of goods
and services at competitive prices.
h ðight to be heard and to be assured that consumers' interests
will receive due consideration at appropriate forums;
h ðight to seek redressal against unfair trade practices
unscrupulous exploitation of consumers.
h ðight to consumer education.
h ðight to clean and healthy environment.
 

 

h [he Act envisages a three- tier quasi-judicial machinery at the
National, State and District levels.

h N@ @  
    @ 

  - known
as "National Commission" deals with complaints involving costs
and compensation higher than ðs. =ne Crore.

h ë@ 
    @ 

  - known
as "State Commission, deals with complaints involving costs and
compensation higher than ðs. [wenty Lakhs and less than ðs.
=ne Crore.

h   
    @ 
 - known as
"District Forum, deals with complaints involving costs and
compensation less than ðs. [wenty Lakhs.






 

h [he Act applies to all goods and services unless specifically
exempted by the Central Government.

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

h [he provisions of the Act are compensatory in nature.

h [he provisions of this Act are in addition to and not in derogation


of the provisions of any other law for the time being in force.

h [he Act envisages establishment of Consumer Protection


Councils at the Central and State levels, whose main objects will
be to promote and protect the rights of the consumers.
r 
 

h Any unfair trade practice as defined in the Act or restrictive trade


practices like tie-up sales adopted by any trader.

h =ne or more defects in goods. [he goods hazardous to life and


safety, when used, are being offered for sale to public in
contravention of provisions of any law for the time being in force.

h Deficiencies in services.

h A trader charging excess of price.


(i) Fixed by or under any law for the time being in force; or
(ii) Displayed on goods; or
(iii) Displayed on any packet containing such goods
£


h Procedures for filing complaints and seeking


redressal are simple.
h [here is no fee for filing a complaint before the
District Forum, the State Commission or the
National Commission. (A stamp paper is also not
required).
h [hree to five copies of the complaint on plain paper
depending on the number of opposite parties, etc.
are required to be filed.
h
 

[he District Forum, the State Commission or


the National Commission shall not admit a
complaint unless it is filed ÑÑ @ 
from the date on which cause of action has
arisen.





h ðemoval of defects from the goods,


h ðeplacement of the goods;
h ðefund of the price paid;
h Award of compensation for the loss or injury suffered;
h ðemoval of defects or deficiencies in the services;
h Discontinuance of unfair trade practices or restrictive trade
practices or direction not to repeat them;
h Withdrawal of the hazardous goods from being offered to sale; or
h Award for adequate costs to parties

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