Established as per the Section 2(f) of the UGC Act, 1956

Approved by AICTE, COA and BCI, New Delhi

INRTERDISCIPLINIARY TALK on
Role of the Consumer Protection
Councils to protect and promote the
rights of the consumers : For faculty of
School
S c h o o l o fof
L eCommerce
g a l S t u d i e s & Mgt.

D r. N a g a r a j a V
01.07.2020
1. Consumer
2. Concept of Consumerism
3. Evolution of consumer rights and its process
4. Establishment and Functions of CPC
5. The legal framework in India on consumer rights
INTRODUCTION
Objectives
Today`s talk objectives
• To understand an organised effort on the part of
Consumers.
• To comprehend an attempt to guarantee the
achievement of consumer rights through regulations.
• Advocate for the protection of the economic and
physical interest of the consumers.
• Discussions of the growth and functioning of the
Consumer Protection Councils.
OUTCOMES
Impact
• This programme act as an instrument of creating
awareness about consumer interest and educating
different segments such as business, goods, services,
Government and Community about redressal
mechanism.

Meaning and definition of law

Interpretation of law : Substantitive law and
Procedural law
Matter comes before the court
CONSUMER
Meaning and definition
A consumer is a person or a group of persons who
intends to order, or uses of purchased goods or
services specifically for
- personal
- family
- social
- household
- similar needs not directly related to bsiness activity
CONSUMER
Definition
• Section 2(1)(d) of Consumer Protection Act, 1986
Any person who is a buyer of any goods for a
consideration or any person who avails any services
for a consideration has been given the meaning of
consumer underr the Act
- Person
- Goods and Services
- Consideration
- Own use
CONSUMER
?
•Who is not a consumer
-free of cost
-Commercial purpose
-Avails any service under contract of services : master
and servant
Smt.Pushpa Meena vs. Shah Enterprises Rajastan Ltd.
1989
Before the consumer disputes redressal commission,
Jaipur, Rajastan:
CONSUMER
Definition
• In the case of Oswal Fine Arts vs. M/s. HMT Madras
• For commercial purpose is not included in the
definition of consumer as given section 2(1)(d) of the
Act of 1986
CONCEPT OF CONSUMERISM
Idea
• Idea that increasing consumption of goods and services purchased
in the market is always a desirable goal
- Things and possesion
- Person and things
- [possesstion and ownership
- Rights and duty
• Protection of the rights and interest of the buyers
• Purpose of consusmersim: social and economic order that
encourages the purchase of goods and services inver greater
amopunt
- Standard of manufacturing distinctiveness
- Advertise and polices aimed
CONCEPT OF CONSUMERSIM
idea
• Idea that people can purchase whatever they want
• Consumption is the using resources
• Consumer culture can be broadly defined as a culture where social
status, values and activities are centered on the consumption of
goods and service
Problem :
• consumerism is destroying our environment. As the deamnd for
goods incrreases need to produce also must increase
CONCEPT OF CONSUMERISM
Problem
• Climate change
• Pollution emissions
• Increased land use
• Deforestation
• Recreation activity
Apex court : Land mark judgment
Said that Consumer Protection Act, 1986 is a beneficial
legislation, hence the same shall be interpreted
liberally and in the interest of public at large
Om Prakash vs. Reliance General Insurance
EVOLUTION OF CONSUMER RIGHTS
AND ITS protection
Consumer PROCESS
• Consumer protection has its deep roots in the rich soil of
Indian civilization, which dates back to 3200 BC.
• Ancient India human values were cherished and ethical
practices were considered
• Dharma Shastra (DHARMA) : which laidout soil rules and
norms and served as the guiding principle governing human
raltions.
• Ancient legal foundation
• Consumer protection is always a metter of great concern
• In ancient India effective measjures were intitiated to
protect consumers from crimes in the market place.
EVOLUTION OF CONSUMER RIGHTS
AND
Bill ITS PROCESS
• UTP, RTP, MTP
• Mechanism to monitor prices and supply of goods to the
market
• Consumer Bill Rights
On 15th March 1962, Presidnet John F Kenedy presented a
speech to the UDS congress in which he extrolled four
basic rights.
1. Right to Safety : against marketing of goods and services
which are hazardous to life and property
2. Right to be informed : about the quality, quantity,
potentiality, purety, standard and price of goods ( or
EVOLUTION OF CONSUMER RIGHTS
AND
Bill ITS PROCESS
3. Right to choose : wherever possible access to a variety of
goods or services at competitive price.
4. Right to be heard: Consumers interest will receive due
consideration at appropriate forums.
EVOLUTION OF CONSUMER RIGHTS AND
ITS PROCESS
Consumer rights
• Later on the INTERNATIONAL ORGANISATION
OF CONSUMERS UNION (IOCU) added four
more rights in the list.
5. Right to reddress : against unfair trade practices or
RTP or exploitation of consumers.
6. Right to consumer education:
- Creation of critical awareness
- Active consumer involvement
EVOLUTION OF CONSUMER RIGHTS AND
ITS PROCESS
Consumer rights
- Creation of critical awareness
- Active consumer involvement
- Imbiding social responsbibility
- Realising ecologocal responsibility
- Solidarity of consumers
CONCEPT OF CONSUMERSIM
implications
• Consumer rights over supply of good and services
• Limitation : National Insurance Company Ltd. Vs.
Hindustan Safety Glass Works Ltd. Section 24A
• Delay in intimation : Om Prakash vs. Reliance
General Insurance SC
7. Right to a healthy environment
8. right to basic sneeds
• With regard to consumer protection there are three important aspect
1. The physical protection of the consumer
2. Protection of the economic interest of the consumer
3. Protection of public interest
- To improve their purchase decision
- To improve education and awarenss
- To come up from below powerty line
ESTABLISHMENT AND FUNCTIONS OF
CPC : SECTION
Central 4-8B
Consumer Protection Councils :
section 4
(1)The central government may establish by its
notification
(2)It consists of folloiwng members
- The minister in-charge of consumer affairs in the
central government who shall be the Chairman
- Such number of other officials or non-official
members respresents such interest as may be
prescribed
- (Rule 3 of consumer protection Rules 1987)
ESTABLISHMENT AND FUNCTIONS OF CPC
:Members
SECTION 4-8B
• The minister of state in the department of civil supplies who
shall be vice – charman
• The minister of food and civil sjup;lies or minister incharge
of consumer affairs in the states
• 8 MPs : 5 from lok sabha and 3 from rajya sabha
• The commissioner of SC/ST
• Central government depart and autonomous organisation
not exceeding 20
• Representation from consumer organisation or consumers
not more exceeding 35
• Women representation not less than 10
ESTABLISHMENT AND FUNCTIONS OF
CPC : SECTION 4-8B
members
• Farmers, traders and industrialists not more than 20
• Consumer interest capable not more than 15
• The secretary in the department and civil and supplies shall
be a member secretary
• THE TERM OF THE COUNCIL SHALL BE 3 YEARS
ESTABLISHMENT AND FUNCTIONS OF
CPC : SECTION
Procedure 4-8Bof central consumer protection
for meetings
council : section 5
- As and when necessary
- At least one meting in a year
- Shall meet such places chairman thinks
- Section 6: Objects of the Central Council :
- The main objects of the central council shall be to promote and
protect the rights of the consumers
- The Act are to provide better and all round protection to
consumers and effective safeguards against different types of
exploitation such as
• Defective goods, * Deficient services Defect in Goods and
Deficiency in Services
• Unfair trade practices Guide consumers on
ESTABLISHMENT AND FUNCTIONS OF CPC :
SECTION 4-8B
State Consumer Protection Council : Section
7
• State government shall establish by its notification
• The state council consists following members
- The Minister inchage of consumer affairs in the State
Government who shall be the Chairman
- Such other official and non-officials
- Shall meet as and when necessary not less than 2
meetings in a year
- Section 8 : Object of the state council : same as
central council is having
ESTABLISHMENT AND FUNCTIONS OF
CPC : SECTION
District 4-8B
Consumer Protection Council:
Section 8A and 8B
• The State Government shall establish by its
notification in every district
• The Deputy Commissioner in the District who is the
Chairmen
• Other members represents
Section 8B : objects of the District Council
THE LEGAL FRAMEWORK IN INDIA ON
CONSUMER RIGHTS
Consumer Protection Act, 1986
• It is a beneficial legislation and social legislation
• In this, it protects the rights of the consumer and makes user aware
of their rights. They have developed three tier system wherein
there is District Forum, State Commission and National
Commission thus to protect the right of the consumer
• CDRA (Consumer Disputes Reddressal Agencies)
9. Establishment of CDRA
10 – 15 District Consumer Form
10. composition
11. Jurisdiction
12. Manner in which complaints shall be made
THE LEGAL FRAMEWORK IN INDIA ON
CONSUMER RIGHTS
13. Procedure on receipt of complaints.
14. Finding f the District Forum
15. Appeal

STATE COMMISSION:
16. Composition of the State commission
17. Jurisdiction
18. Procedures applicable
19. Appeals
THE LEGAL FRAMEWORK IN INDIA ON
CONSUMER RIGHTS
National Commission
20 Composition
21. Jurisdiction
22. Powers and procedures applicable
23. Appeal

INDIAN CONSTITION : Article 21 and Preamble with

DPSP