CONSUMER PROTECTION ACT

Submitted By: SINDHU.S (ONE YEAR PGDBA) MOUNT CARMEL INSTITUTE OF MANAGEMENT

CONTENTS 

INTRODUCTION HISTORY OF CPA DEFINITION OF CONSUMER & CONSUMER DISPUTE RIGHTS OF CONSUMER PROTECTION ACT CONSUMER RESPONSIBILITIES PROBLEMS FACED BY CONSUMER SIGNIFICANCE OF CPA OBJECTIVES OF CPA CONSUMER REDRESSAL AGENCIES REMEDIES OF CPA CASE STUDIES OF CPA CONCLUSION

ACKNOWELEDGEMENT:

I thank Prof. Radhakrishna rao sir for giving such a wonderful opportunity for doing a project on Consumer Protection Act. It helped me to enhance my knowledge. I learnt more about consumer protection, responsibilities, consumer redressal agencies and learnt some of the case studies by doing this project.

Thank you

The act can apply to any consumer who uses the product for non-commercial activities. It is one of the benevolent pieces of legislation intended to protect the consumers at large from exploitation. The Act has assumed the shape of practically the most important legislation enacted in the country during the last few years. The main object of these bodies is to provide speedy and simple redressal to consumer disputes. These quasi judicial bodies have to observe the principles of natural justice and have been empowered to give reliefs. 1986 is one of the benevolent social legislation intended to protect the large body of consumers from exploitation. The consumer protection Act. In order to promote and protect the rights and interests of consumers. quasi judicial machinery is sought to be set up at district. The act is applicable in all states in India except in Jammu and Kashmir.CONSUMER PROTECTION ACT INDIA 1986 An act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith. 1986 and assented by the President of India on 24th December. of specific nature and also to impose penalties for non compliance of the orders given by such bodies. 1991. 1993 and 2002.INTRODUCTION : The Consumer Protection Act 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement. 1986 and was published in the Gazette of India on 26th December. The act makes provisions to include both tangible goods and intangible services (henceforth referred to as product) purchased from a trader or service provider (henceforth referred to as company). It has become the vehicle for enabling people to secure speedy and inexpensive Redressal of their grievances with the enactment of this law. In other words. The main object of the legislature in the enactment of this act is to provide for the better protection of the interests of the consumer and to make provisions for establishment of consumer councils and other authorities for settlement of consumer disputes and matter therewith connected.e. HOW THE ACT WAS ENACTED ? The act was passed in Lok Sabha on 9th December. state and central levels. Consumers now feel that they are in a position to declare "Sellers be Aware" whereas previously the consumers were at the receiving end and generally told "Buyers be Aware". 1986. This act was enacted in the 37th year of the Republic of India and was amended from time to time in the following years i.1986 and Rajya Sabha on 10th December. the only exception being use of it to earn his livelihood. the act excludes commercial customers . THE ACT .

consumer protection movement was at the end of twentieth century the consumer protection was enacted. HISTORY OF CONSUMER PROTECTION ACT: Consumer protection. has roots even in the daily lives of the . Unlike existing laws. trade and industry and extensive discussions within the Government. The main objective of the act is to provide for the better protection of consumers. and relief of a specific nature and award of compensation wherever appropriate to the consumer. societies and not-for-profit organizations. 1986 is a milestone in the history of socio-economic legislation in the country. The act is intended to provide simple. The consumer Protection Act was enacted to provide a simple and quicker access to redressal of consumer grievances. speedy and inexpensive redressal to the consumers' grievances. as known today.fully. which are punitive or preventive in nature. It is one of the most progressive and comprehensive pieces of legislations enacted for the protection of consumers. groups of domestic customers. the provisions of this Act are compensatory in nature. but includes individual domestic customers. In India. The consumer protection Act. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers.

Apart from minor legislations at a state level. it was the beginning of the 20th century that marked the revival of the consumer protection movement. President Theodore Roosevelt had these allegations verified independently by federal agents. Drug and Cosmetic Act of 1938 which enabled the FDA to test new drugs before they reached the hands of the consumers. the government had ensured a legal framework to prosecute anyone who would willfully violate the quality of the food and medicines used by the consumers. the US Congress passed the Pure Food and Drug Act which. At best rudimentary and lacking teeth to curb anything but false advertising. A seller sells a product to a buyer. This was closely followed by the Food. A milestone in the consumer protection movement came with the publishing of Ralph Nader¶s book µUnsafe at Any Speed¶ in 1967. Together with the Meat Inspection Act.Stone Age cave men. along with the Sherly Amendment. the instinct of a consumer living in a capitalist society would lead me to wonder if the seller intentionally did or did not do something that led to my compromised consumer satisfaction. In the mid twentieth century. this book was the first attempt by a common citizen to . Kennedy was the first one to define the basic consumer rights as they are still used today. In a historic speech in 1962. Other landmarks in the consumer protection movement were the establishment of the Federal Trade Commission (FTC) in 1914 and the establishment of the Food and Drug Administration (FDA) in 1931. Today¶s consumerism finds its origin in the late 19th and early 20th century marketplace in the United States. coincidence. Soon afterwards in 1906. the buyer finds the product not to be up to his satisfaction. this law did nothing to prevent unsafe. this federal law does not address the most critical area of consumer protection. the impetus being the publication of The Jungle by Upton Sinclair in which the author described his disgust at the meat packing industry in Chicago. which makes it a punishable offence to commit mail order fraud. who confirmed the distressful conditions of the meat that American consumers ate. the mail fraud law. This act prevents and limits the formation of cartels and monopolies that challenge the very frame of consumer rights. some would say. The United States Congress made history in 1872 by enacting the very first of its kind consumer protection law. the two stalwart figures in the consumer protection movement were Ralph Nader and John F Kennedy. curbs sellers from selling adulterated food / drugs and places guidelines on the accuracy of the data on labels. Leading to the enactment of The National Traffic and Motor Vehicle Safety Act in 1966. Horrified. The ground for the majority of antitrust law suits. The passage of the Sherman Anti Trust Act passed by the US Congress in 1890 was the next feather in the cap of consumerism. But is it? In the absence of definitive statistics. unhealthy and dangerous products from reaching the hands of trusting consumers. the product quality. which had been docile for the past 15 years or so.

Any time someone goes to a store and purchases a toy. execution of the law. This was closely followed by several bills legislations such as The Cigarette Labeling Act (1965). loopholes in the law means more protection for the corporate sharks. A consumer is someone who can make the decision whether or not to purchase an item at the store. better none than one when it comes to laws in India! It lacks teeth in several areas including safety. Sadly.exercise his consumer rights against the big corporate sharks. You may read more about the Consumer Protection Act 1986 here. but then again. So in December 1986. 1986 has defined six basic rights of . One would assume that the Indian politicians would use their wisdom to not repeat the mistakes that have already been made by others. Obviously. and the Wholesome Meat Act (1967) and the establishment of the Consumer Product Safety Commission (CPSC) in 1972. violators of consumer rights still enjoy absolute freedom in India to disregard safety and quality when it comes to consumer products despite this law. or anything else. product labeling. The Consumer Protection Act 1986 is at best a mediocre attempt at consumer protection. In India. DEFINITION OF CONSUMER: An individual who buys products or services for personal use and not for manufacture or resale. they are making that decision as a consumer. the Consumer Protection Act was reluctantly passed by the Indian Government to protect the consumers. deceit and callousness in general. BASIC RIGHTS OF CONSUMERS UNDER CONSUMERS PROTECTION ACT: The Section 6 of the Consumer Protection Act. beverage. Independently if reviewed. the Indian politicians could not hold on any longer protecting their business patrons against public outcries of corporate fraud. and punishment of the violators of the law. So willfully some ³mistakes´ may have been introduced. denies or disputes the allegations contained in the complaint. The Fair Packaging and Labeling Act (1966). DEFINITION OF CONSUMER DISPUTE: Consumer dispute" means a dispute where the person against whom a complaint has been made. Kennedy introduced the Consumer Bill of Rights in 1962 in the US Congress. shirt. Nevertheless. as always the laws reach late. the Consumer Protection Act 1986 has all the mistakes that the developed economies made with their consumer legislations over 25-50 years ago. and someone who can be influenced by marketing and advertisements.

quantity.R. access to Varity of goods at competitive prices. 1969. Act. y The right to be informed about the quality. CONSUMER RESPONSIBILITIES: Rights and responsibilities are two sides of the same coin. purity. y . The Amendment Act has added the following rights. potency. Along with consumer rights. and y Protection from spurious goods or offering such goods for sole or adopting deceptive practice in the provision of services. To insist on cash memo or receipt. y The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate forums.the consumers. The consumer must try to get full information on quality. The right to be protected from unfair trade practices as defined under section 36A of M. price etc. which are hazardous to life and property. quantity. standards and price of goods to protect the consumer against unfair trade practices. and y y y The right to consumer education. The responsibilities of consumers as follows:    To provide adequate information about his needs and expectations to the seller. y The right to seek Redressal against unfair trade practice or exploitation of consumers. y The right to be assured whatever possible.T. 1993 and 2002 respectively. there are consumer responsibilities also. They are: The right to be protected against marketing of goods.P.

Some of the significant problems are listed below: Adulteration. Agmark etc.  To file complaint against genuine grievances. Spurious goods. Defective goods. Poor after sales services. While purchasing. Use of deceptive/incorrect rates. . Supply related problems. COMMON PROBLEMS FACED BY CONSUMERS: Many problems are face by consumers. the consumers must look for standard quality certifications marks such as ISI. To be cautions against false and misleading advertisement. Variation in the contents of the packet.   To exercise his legal rights.

Misleading advertisement. Now . Here we need consumer protection. in case the goods/services are not in conformity with the specification. (1) To Organize Consumers: Indian consumers are scattered over a wide geographical area.Deficiency of services. price and other marketing facilities.The buyer cannot have physical access to the commodity before getting delivery. They are not well organized. Non-fulfillment of guarantee/warrantee. They have a low power and businessmen exploit consumers. (3) Importance of Physical Safety: Indian markets are over flooded with products. type. Many customers buy without product knowledge and this make them suffer losses. Price discrimination. (2) Provide Market Information: Majority of the consumers have no information about quality. The products may be . Hidden prices components. Not-honoring the term and conditions of sales and services. protection may be provided to the buyer through establishment of special court and by introduction of special legislation under Consumer Protection Act. SIGNIFICANCE OF CONSUMER PROTECTION ACT: The requirement and effectiveness of Consumer Protection Act are enormous Particularly In consumer marketing . The consumer purchase goods or services through image on the screen and trust the specification cited by the vender .

y y Reliefs and Compensation to consumers. Most of the organizations. This will protect consumers from getting exploited. irrespective of various restrictions follow monopoly practice. restrictive trade practices and monopolistic trade practice and consumer protection plays a vital role. Businessmen follow unfair trade practices.adulterated and may be health hazardous. This may endanger their life and due to this a consumer needs to be protected. (7) Misleading Advertisements: Many organizations. It is important to avoid pollution to save society at large from pollution. Pollution affects the mind and health of not only consumers but also citizens. (5) Prevention from Malpractices: Business malpractices are rapidly growing in modern market. Monopoly is the crown of modern market. Due to this consumers get affected and needs to be protected. deliberately cheat consumers through wrong or misleading advertisements. . (6) Avoiding Pollution: Pollution is very serious issue taken by every country. (4) Avoiding Monopoly: Consumer Protection is very important in terms of avoiding monopoly.

OBJECTIVE OF CONSUMER PROTECTION ACT: The objectives of consumer protection act are as follows:  The consumer interest in the market place is the focus or the art of enlightened marketing mix.we have two   Seller.(8) Informing Consumers about their Basic Rights: Majority of the consumers are ignorant. Consumer movements inform consumers about their rights and protect their interest and rights. Hence. They do not know about consumer rights. we need consumer legislation and consumerism. the seller is organized and has professional skill. Consumerism invokes government assistance when business misbehaves and fails to fulfill special responsibilities. However. Buyer.  Marketing of goods or services. in the modern market. In exchange relationship normally . whereas the buyer is usually unorganized and amateur.  Quality of goods and  Price of the goods and services. . The business and consumerism both aim at the protection of consumer interest-business through self-regulation and consumerism through self-help.

 To set-up consumer protection council at the centre and state level. The state government is given the responsibility to create a State Consumer Disputes Redressal Commission at the state level and a District Consumer Disputes Redressal Forum at the district level. This limit is commonly known as the 'pecuniary jurisdiction' of the . You cannot file a complaint in a consumer court if two years have elapsed after the cause of action. CONSUMER DISPUTES REDRESSAL AGENCIES: INTRODUCTION: This section of the act provides for the creation of consumer courts. The District Consumer Forum cannot conduct a hearing without the President and at least one other member. All members of the court can have a term of up to five years or up to 65 years.The main objects of the act are:  To protect the interest of the consumer.  To protect the consumer against un-fair trade practices.  Quality of goods and  Price of the goods and services. (such as payment of a bill or the incident that started the dispute with the company) DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: The forum President and members are directly / indirectly appointed by the state government and he shall be eligible to be a district judge.  To set up quasi judicial machineries to provide speedy simple & less expensive redressal to consumers disputes by giving y y Reliefs and Compensation to consumers.  To enable the consumer to use his right to consumer education. This consumer court deals with complaints where the compensation sought is less than twenty lakhs. whichever is earlier.  To protect the rights of the consumers regarding  Marketing of goods or services. The central government is given the responsibility to create and maintain the National Consumer Disputes Redressal Commission in New Delhi.

it is very important that you do not do business with any company that does not have local representation or one that makes you sign an agreement regarding the jurisdiction of the dispute. STATE CONSUMER DISPUTES REDRESSAL COMMISSION: The law provides that the State Consumer Commission function in the state capital. For more details on how to file a complaint with a District Consumer Court. but the government has the powers to move it as needed. The law provides that the District Consumer Disputes Redressal Forum has the same powers as a civil court under Code of Civil Procedure 1908. The District Consumer Forum can order the company to take the following actions once it hears the complaint and decides that the company is at fault: y y y y y y y y Correct deficiencies in the product to what they claim. Discontinue or not repeat any unfair trade practice or the restrictive trade practice. For more details on how to file a complaint with a State Consumer Court. The President of the State Consumer Commission shall be or should have been a High Court judge and should be appointed only after consultation with the Chief Justice of the High Court with the states jurisdiction. If a verdict has been given against the company. whichever is earlier. you can appeal in the State Consumer Disputes Redressal Commission within a period of 30 days. but you may be surprised as to how much of this power in law books actually manifests when put to practice. Issue a full refund of the price. It can also hear cases provided the actual reason why you are filing the complaint (such as sale or maintenance service that led to the defect) partially or fully occurred within the district. A District Consumer Forum can hear cases for any company that operates an office or a branch in the district. If you are not satisfied with the verdict from the District Consumer Court. whichever is lesser. Repair defect free of charges.25000/-. please refer to our article about filing complaints in consumer courts. Issue corrective advertisement for any earlier misrepresentation.District Consumer Disputes Redressal Forum. Replace product with similar or superior product. Withdraw the sale of the product altogether. it can appeal only after depositing 50% of the compensation to be paid to you or Rs. Pay compensation for damages / costs / inconveniences. For this same reason. and they can have a term of up to five years or up to 67 years. The State Consumer Forum usually hears cases of three types: . The remaining members of the commission are appointed by a committee with the President of the State Consumer Court as its chairman. The State Consumer Disputes Redressal Commission deals with a pecuniary jurisdiction of only those complaints where the compensation sought is higher than twenty lakhs but lesser than one crore. please refer to our article about filing complaints in consumer courts.

If a verdict has been given against the . you can appeal in the Supreme Court. 3. within a period of 30 days. it can appeal only after depositing 50% of the compensation to be paid to you or Rs. except in the State of Jammu and Kashmir Cases from State Consumer Commissions where there has been accusations or proof of material irregularity or illegal activities Cases where ex-parte (where verdicts have been passed in the absence of either parties) orders have to be set aside. Appeals from District Consumer Forums. Members of the NCDRC can have a term of up to five years or up to 70 years.1. then the National Consumer Commission has the pecuniary jurisdiction over your complaint. 2. Cases against companies that operates an office or a branch in the state. you can appeal in the National Consumer Disputes Redressal Commission. please refer to our article about filing complaints in consumer courts. The National Consumer Court handles five types of complaints: y Complaints that has been sought or need to be transferred from one State Consumer Commission to another in the interest of justice. whichever is lesser. Appeals from State Consumer Disputes Redressal Commissions Consumer complaints that occurred in India. whichever is earlier. within a period of 30 days.35000/-. If a verdict has been given against the company. The State Consumer Court also has the powers to transfer a case from one District Consumer Forum to another Forum provided there is such a request or it is in the interest of the law. Cases where the actual reason why you are filing the complaint (such as signing of an agreement or payment of a bill) partially or fully occurred within the state. If you are not satisfied by the verdict from the State Consumer Court. For more details on how to file a complaint with the National Consumer Court. y y y y If you are not satisfied by the verdict from the National Consumer Court. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION: The National Consumer Court must ordinarily be functioning in New Delhi and is presided over by a person who is currently or has been in the past a judge of the Supreme Court. The President of the National Consumer Disputes Redressal Commission (NCDRC) is appointed by the Central Government after consultation with the Chief Justice of India. If your complaint seeks more than one crore rupees of compensation from a company. The National Consumer Commission has a minimum of four other members and is appointed by a committee chaired by a Supreme Court judge as recommended by the Chief Justice of India.

such person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years. be a women). 3.000 rupees. it can appeal only after depositing 50% of the compensation to be paid to you or Rs. In exceptional circumstances the penalties may be reduced further. whichever is lesser.rupees but which may extend to 10. or with fine which shall not less than 2. 2. as the case may be. Constitution Set up by the Set up the State Set state government. Government. of whom must women. Appointment It is made by It is done by the It is done by the centrals state govt on state govt on the govt on the advice of a the advice of a advice of a selection selection committee.000/. up the Central Government. or with both. The president is appointed after . Composition It has a It has a president & It has a president and 4 president & 2 2 members (one of members ( one whom must members ( one whom must be a be a women. A CHART SHOWING THE THREE CONSUMER REDRESSAL AGENCIES: SL N O PARTICULA RS AGENCIES DISTRICT STATE COMMISSION NATIONAL COMMISSION or FORUMS 1. PENALTIES: Where a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum. The selection committee.company.50000/-. the State Commission.

Supreme of the district The composition of qualification of the other 4 court. High The chairman is the judge The of the SC & one member is chairman & 2 justice of members. one member is the secretary in the law dept of the state & the another member is the secretary in the consumer affair of the state. of the The qualified judge of the High Court. Qualification The must president The president must The president must be a be a be aqualified judge qualified judge Court. commission & the district forum. . and the the selection members is the same as in other members committee is same case of state commission. The president selection committee appointed is consulting the chief justice after of India. 4. chairman is the composition of the the secretary in the Central president the of selection committee Law Dept and another state is same as in case of member is the secretary in the central consumer affair dept. The Court. The selection has a consulting the chief a chairman & 2 members.committee.

accounts . Justification Amount compensation of Amount compensation of Amount of compensation is of Rs. law . years and there no re-appointment. industry . Period of office Every member Every member of Every member of this of this forum this forum must hold forum must hold the office must hold the the office period for of office for a for a period of 5 years and a period of 5 years there shall be a no re5 and there shall be a appointment. Terms service of The salary and The salary and other It is all fixed by the Central other fixed terms terms fixed by the Govt. 6. a through of knowledge commerce. by the State Govt.must have the as in case of the ability and have district forum. public affair. shall be a no reappointment. 1 crore and appeals . 5. economics . 7. State Govt.

c) The central or state govt. this below this table. state 8.1. and appeals against the orders of the district forum.20 above Rs. Who shall give complaint a) The buyer. 9. c) The central or govt. power a civil civil. a) The buyer. b) Any recogniz ed consume r associati on. b) Any recogni zed consum er associat ion.crore State Commission. b) Any recognized consumer association. and up to Rs. Power It has the It has the power a It has the power a civil.is upto Rs. Treatment complaint of Refer the points Refer below table. the points Refer the points below this table. 10. c) The central or state govt. a) The buyer.20 lakhs against the orders of the lakhs. .

court. 4) To pay compen . 2) To remove the defects in the goods or services . It can issue one of or more of the following orders. 3) To repay the price. 1) To replace the goods.

It can be only in the state commission within 30 days from the date of the order.sation 5) To disconti nue UTPs. 6) To stop the sale of hazardo us goods. TREATMENT OF COMPLAINT: 1) MEANING: A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by ± (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided. (b) any recognised consumer association whether the consumer to whom the goods . 11 Appeal It can be only in the It can be only in the national commission supreme court within 30 within 30 days from days from the date of the the date of order. order.

either in its individual capacity or as a representative of interests of the consumers in general. or (d) the Central Government or the State Government. with the permission of the District Forum. (c) one or more consumers. . a complaint means any allegation in writing made by a complainant in regard to one or more of the following:- Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader One or more defects in goods. on behalf of. when used. The goods hazardous to life and safety.sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not. 2) WHAT CONSTITUTES A COMPLAINT? Under the Act. or for the benefit of. all consumers so interested. Displayed on any packet containing such good. are being offered for sale to public in contravention of provisions of any law for the time being in force Deficiencies in services: A trader charging excess of price that is Fixed by or under any on law for the time being in force or or Displayed goods. where there are numerous consumers having the same interest. as the case may be.

4) WHERE TO FILE A COMPLAINT? If the cost of goods or services and compensation asked for is up to rupees five lakhs. A complaint can also be filed at a place where the branch office of the opposite party is located. but less than rupees twenty lakhs then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.3) WHO The CAN following can file FILE a A complaint under COMPLAINT? the Act:- A consumer Any voluntary consumer organization registered under the Societies Registration Act. 1956 or under any other law for The The State Government or the time Central Union Territory being in force Government Administrations One or more consumers on behalf of numerous consumers who are having the same interest. If the cost of goods or services and compensation asked for is more than rupees five lakhs. then the complaint can be filed in the District Forum. which has been notified by the State Government for the district where the cause of action has arisen or where the opposite party resides. 1860 or under the Companies Act. .

There is no fee for filing a complaint before the District Forum. The complaint is to be filed within two years from the date on which cause of action has arisen. it arose. The complainant or his authorized agent should sign the complaint. the State Commission or the National Commission. The complaint can be sent by post to the appropriate Forum / Commission. as the case may The be. A complaint should contain the following information:- The name.If the cost of goods or services and compensation asked for exceed rupees twenty lakhs then the complaint can be filed before the National Commission at New Delhi. which the complainant is seeking. facts as relating far to as complaint they and can when and be where ascertained. There should be 3 to 5 copies of the complaint on plain paper. The relief. The name. if any. . description and the address of the complainant. Documents. A stamp paper is also not required. description and address of the opposite party or parties. in support of the allegations contained in the complaint. The complainant or his authorized agent can present the complaint. 5) HOW TO FILE A COMPLAINT? Procedures for filing complaints and seeking redressal are simple.

 Payment of compensation for any loss or injury suffered by the consumer. second at state level known as 'State Commission'. 7) REMEDIES OF THE CONSUMER PROTECTION ACT.  Return of price paid by the consumer. The Consumer Production Act provides for a three tier system of redressed agencies: one at district level known as District Forum.6) RELIEF AVAILABLE TO THE CONSUMERS: Depending on the nature of relief sought by the consumer and facts.  Discontinue the restrictive. and third at national level known as 'National Commission'.  Withdraw the hazardous goods from being offered for sale and not to offer them for sale.  Replacement of defective goods with new goods of similar description which shall be free from any defect.  Provide for adequate cost to the aggrieved party. A complaint is to be . 1986 The Act provides following remedies to an aggrieved consumer:  Removal of defects in goods or deficiency in service. and not to repeat it. Withdrawal of the hazardous goods from being offered to sale. or Award for adequate costs to parties. or unfair trade practice. the Redressed Forums may give orders for one or more of the following relieves:- Removal Replacement Refund Award Removal of of of of of defects from the the good goods the for or the loss price or in injury the paid suffered services compensation defects deficiencies Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them.

The club has made sure that. Setting standards at Old Trafford: Facilities for supporters with disabilities at Manchester United's Old Trafford stadium are widely regarded as the best in the country. to the 'State Commission' between Rs 20 lakhs and Rs 100 lakhs. Phil says: "Most clubs now aspire to what we have achieved. who can also listen to commentary from Manchester United Radio. if any. from an early stage. Manchester United's disability liaison officer (DLO) and chairman of the National Association of Disabled Supporters (NADS). I've been fully involved in modifications to the stadium. CASE STUDIES OF CONSUMER PROTECTION ACT: 1) Manchester United case study: How standards have helped to make Old Trafford a theatre of dreams for football fans Traditionally. setting standards for other clubs to follow. and to the National Commission for more than Rs 100 lakhs.to the point of being the first to formally appoint a disability liaison officer in 1995. "Within the framework provided by BS 8300:2001 .the standard that concerns the design of buildings and their approaches to meet the needs of people with disabilities .made to the district forum of the concerned district where the value of goods and services and compensation. the club has 21 places for the ambulatory disabled. Interestingly. as DLO. Over the past 15 years. "There are 20 places for people with a visual impairment [plus 20 places for helpers]. the club has progressively improved its provisions and now provides more than 100 wheelchair accessible spaces with clear sightlines for supporters with disabilities. Seating areas that offered poor views and exposure to the elements were common. explains how standards used at Old Trafford have helped to: y revolutionise match days for supporters with disabilities y give more supporters with disabilities access to live football y influence the design and build of other stadia. is up to Rs 20 lakhs. the match day experience for a football supporter with a disability ranged from difficult to downright unpleasant. a . The club takes the issue very seriously . there is provision for appeals against the orders of a particular redessal forum by the aggrieved party before the next higher echelon and even from the findings of the National Commission before the Supreme Court. all with adjacent helper seats.I've been responsible for working with architects to make sure the changes the club makes take account of the needs of our disabled supporters. Phil Downs." Old Trafford contains an exclusive area with specially designed catering facilities. while gaining access to grounds and their facilities could prove quite an ordeal. In addition.

drawing together a variety of standards and best practice. Phil says: "We wanted to standardize what was to be regarded as 'acceptable facilities'. information and signage. The resulting Accessible Stadia guidelines have been accepted as the new rule book." As DLO.and their subsequent introduction into law . and the Disability Rights Commission code. recommendations regarding stadia were made in the Taylor Report [1990]. There was a genuine will among clubs to make a difference to disability issues. parking. including BS83000:2001 (which covers building design with disability access in mind). movement and circulation and accessibility of facilities. The guidelines brought together practical experience and formal standards. A Football Task Force report and NADS brought these together with the Football Stadia Improvement Fund to create the Accessible Stadia guidelines . The guidelines cover transport and stadium access. "We were able to chip away at it over a number of years. developed by the club in association with Vodafone .a proposed 'gold standard' for new builds. What we have found is that when there are good facilities.000 to build.an exclusive area on match days for supporters with disabilities. but they were moving in different directions. people will come. Before that." 2) Brent River Park case study: . visual impairments and learning difficulties.is used during the week for community and social activities. the more oversubscribed we've become. And the Ability Suite . Following the Hillsborough disaster in 1989. Phil looks after the interests of supporters who use wheelchairs and have ambulatory issues. covering both the club's home and away matches.have made a significant difference to new stadium builds. ticketing and entrances. Phil says: "There is no doubt that implementing standards has enabled more people with disabilities to enjoy their match day experience. there wasn't official qualification of what was good and what wasn't. Phil also plays a major role in promoting standards for accessibility in the design and build of new stadia. The more facilities we've added to Old Trafford. Costing £150. The guidelines themselves . Best practice through accessible stadia guidelines: As chairman of NADS. Along with the structural changes to the stadium to improve access and sightlines. to the extent that they were formally integrated into new building regulations in 2004. the facility opened in 2003. the club provides an audio description of games via a radio channel for fans with visual impairments. the Guide to Safety at Sports Grounds 1997 (known as the 'Green Guide').dedicated entrance to the ground and a guaranteed parking-permit scheme for supporters with disabilities in an area within metres of the stadium.

I wanted the park to be part of their future.they use the park as a stop-off point when migrating. and continually refine it. A consultation in 1999 found that more than 75 per cent of local residents wanted the site regenerated. with more than half respondents visiting at least once or twice . "We get to see a lot more of the birds . engineering consultancy Halcrow. but I love to see them. It's cleaner now and used much more. People used to use it as a shortcut.37m regeneration project.a two-point increase over the 2002 figure. but now they're stopping for much longer. There's something for everyone. Brent Council and the Environment Agency took the lead. Ros Baptiste.shows increased satisfaction levels among residents. I can see a lot more families using the park now. ISO 14001 requires the council to work with communities to address activities that might have a negative environmental impact. working with the UK River Restoration Centre. and in 2004. Cleanliness within the park was rated eight out of ten (with ten being the highest) by survey respondents in 2005 . The programme was managed from start to finish using environmental-management standard ISO 14001. Thames 21 and the Friends of Brent River Park.How ISO 14001 helped Brent Council Regenerate Brent River Park for the local community Brent River Park has been redeveloped significantly over the past six years. ISO 14001 helped the council define and steer these relationships. The circular walkway is great for adults for exercise and relaxation. Ros Baptiste says: "I got involved for my kids. The estimated number of visits each year has risen sharply to more than 1. Regenerating the park for public use: The regeneration involved seven partnerships." The council's annual parks survey . Brent Council drew up a plan the following year. Groundwork West London.7 million. "With all the new facilities.an important part of its ongoing commitment to consulting with residents and managing parks to ISO 14001 standards . The quality of flowers was 7 (a one-point improvement on 2002). Alperton Millennium Volunteers. a local resident for more than 24 years and a member of voluntary organization Friends of Brent River Park. I'm no ornithologist. an official reopening ceremony marked completion of a £1. all of which needed to be managed. My daughter uses it for riding her bike and comes through on her way back from school. consult on and develop an environmental policy. the skateboarding park is for the youngsters and we're looking to get funding for a cricket pitch. explains how the project and council's use of ISO 14001 principles: y made the park more accessible and useful for residents y increased security and the perception of safety y built better relationships between local people and the council.

The council actively encouraged involvement . Formed in 1992. facilities management and security services. The council's parks service manages a comprehensive grounds maintenance provision which includes the design." The council's ongoing survey shows that the perception of security has improved. A rating of five out of ten in 2002 ('fair') has increased to a seven in 2005. but they did. Brent River Park was not viewed as safe. Safety Matta. The company has been responsible for thousands of installations nationwide. The . tree surgery." The park's ongoing management is guided by ISO 14001. There were some things that I thought they wouldn't take any notice of. An additional footbridge was installed to encourage people to use the park as a thoroughfare. partly because it was a home to drug users. horticulture. "Communication was excellent throughout the process. Often we were given options to choose from. The wildlife area at the far end of the park used to attract drug users. supplies and installs safety mat systems for children's sports and play areas. Ros Baptiste says: "The park was used as a shortcut but it wasn't particularly well lit. including work for numerous local authorities. development and maintenance of hard and soft landscape features.per week. At times. Middlesex-based market leader Matta Products (UK) manufactures. Now it's safer. covered by CCTV cameras to make residents feel safer. the council was keen to keep a strong two-way dialogue going. is BS 1177-compliant. Ros Baptiste says: "The council was very good. more people are happy to use the park as a shortcut to local retailers. 3) Matta Products case study: BS 1177 reduces the number of serious injuries in children's play areas. During the Brent River Park project. but it was always talked through and explained to us.there were many public meetings and residents were involved from the start. there were differences of opinion about how funding should be used. sports and allotment lettings. Its safety surfacing product. advice and consultancy for nature conservation. construction. Keeping residents involved: Communicating an environmental-management policy effectively is one of the key elements of ISO 14001. Making the park safer: Previously. events management.

Victoria O'Brian of Matta Products explains how standards help her company to: y reduce the chances of children hurting themselves when falling from play equipment y limit the chances of a child sustaining a serious injury. there would have been many more severe injuries if not for the giant steps that have been made in recent decades in playground equipment and safety surfacing." Although there is no legislation relating directly to safety in children's playgrounds.standard specifies the requirements for children's playground surfacing and the methodology for its testing. Standards help to ensure the quality of products in compliant children's playground remains . hazardous layout. relevant Acts of Parliament include Occupier's Liability Act (1957). Victoria says: "Playground accidents happen for numerous reasons." Increasing safety through standards: Without doubt. courts frequently look for standards compliance as evidence of good practice. health and safety regulations and threat of legal action have led local authorities and businesses to upgrade safety at playgrounds and sports and leisure facilities. hospital treatment is required in around 40. Although they do not provide immunity from legal action. Victoria says: "Those responsible for playgrounds risk being sued for negligence if they fail to take reasonable care to ensure safety and limit the chance of accidents they could reasonably have foreseen. our surfacing products reduce the risk of serious injury. However." The legal backdrop: Increased awareness. BS EN 1176 is concerned with playground equipment. Most of these are minor mishaps . These include poor equipment design or installation. unsuitable clothing and excessive weather conditions. When a child falls. Victoria says: "Two standards are most relevant to children's playgrounds. Playground injuries: It has been estimated that each year in the UK more than 150. while BS EN 1177 concerns impact-absorbing surfaces. Management of Health and Safety at Work Regulations (1999).000 cases. Health and Safety at Work Act (1974). lack of supervision. failure to comply with standards. insufficient maintenance.at worst leading to a bumped head. bruised elbow or grazed knee. improper use of equipment. Consumer Safety Act (1978) and the Consumer Protection Act (1987).000 accidents take place in children's playgrounds.

Critical height is the maximum height at which a head-first fall would be unlikely to result in critical cranial injury. industrialization and Privatization. adulteration.BS 1176 [the technical standard for the safety of equipment] might . . As has been confirmed by independent testing. Invariably. BS 1177 won't prevent the fall ." Mattas has invested heavily in research and development to ensure the products it offers are of excellent quality and fully comply with European and British standards.high. India too is no exception to it. more so in a developing country with the prevalence of mass poverty and illiteracy. "Whereas once a child might have fallen on concrete or hard ground.but once the child impacts with the ground. These Amendments have been fruitful in providing protection to the consumers in the real sense of the term and served the purpose of the Act. black marketing. telecommunication. So the Legislature has taken all the possible steps by making timely amendments to the Act in accordance with the needs of time. It is hoped that further amendments would aim at even more efficiency and render the position of the consumers much stronger in this era of globalization and privatization where the sudden unchecked advent of Multi National Companies has to be balanced with the protection of the rights of the consumers by the legislature and the judiciary. consumers are a vulnerable lot for exploitation. "The surface's impact-absorbing performance needs to have a 'critical height' in excess of the maximum potential fall height. From time to time. thereby reducing risk of serious injury. the critical height of Safety Mattas is 2. profiteering. water supply." CONCLUSION: The scope of the Consumer Protection Act is widening in the society which is pro to globalization. Standards are a vital part of our success. BS 1177-compliant surfacing reduces the likelihood of serious injury. Victoria says: "Many accidents involve children falling to the ground from play equipment. the government has attempted to safeguard consumer's interests through legislations and the CPA 1986 is considered as the most progressive statute for consumer protection. Procedural simplicity and speedy and inexpensive redressal of consumer grievances as contained in the CPA are really unique and have few parallels in the world. In fact all the amendments made to the Consumer Protection Act by the 2002 Amendments aim at furthering the efficiency of the Act and doing away with procedural delays which render the consumers disillusioned and dissatisfied. our standardcompliant product cushions the blow. Instances like overcharging. we take our role as playground safety surfacing specialists very seriously. airlines. Victoria says: ³When it comes to the safety of children.7 metres. lack of proper services in trains. etc are not uncommon here.

and associations are needed the most to make consumer protection movement a success in the country. . consumer activists. consumer awareness through consumer education and actions by the government.Implementation of the Act reveals that interests of consumers are better protected than ever before. However.

Sign up to vote on this title
UsefulNot useful