This action might not be possible to undo. Are you sure you want to continue?
By: Mayank Jain Teena Taneja Abhishek Dhawan Deepika 1 Neetu Maurya
Consumer’s rights in India
On 24 December 1986 govt. of India enacted the consumer protection act 1986 to: Ensure Rights of Consumers Provide Remedies for deceived Consumers
Definitions. Consumer Protection Councils. Consumer Disputes Redressal Agencies.
4 .Objective 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 consumers' disputes and for matters connected therewith.
hires or avails of any services for a consideration.2(1)(D) means any person who—: buys any goods for a consideration.Definitions. “is beneficiary of services” with the approval of person who has hired the 5 services for consideration. “uses such goods” with the approval of person who has bought such goods for consideration. A.1. .) "consumer" SEC.
B. Examples-: Winner of a lottery Warranty of free services User of sewerage system 6 . One who has not bought the goods.) Not a Consumer The term consumer does not include : One who buys goods for Commercial purposes.
1860 (21 of 1860) or not.C.— a firm whether registered or not. Person "person" includes. a Hindu undivided family. every other association of persons whether registered under the Societies Registration Act. 7 . a co-operative society.
but does not include the rendering of any service free of charge or under a contract of personal service. housing construction. 8 . amusement or the purveying of news or other information. entertainment. the provision of facilities in connection board or lodging or both.D.) Service "service“ 2(1)(Q) means service of any description which is made available to potential users and includes.
) Consumer dispute These are the allegations made by a consumer with respect to any defects in the goods or any deficiency in services provided If the person against whom complaint is made agrees to the complaint .E.there is no consumer dispute 9 .
F. 10 . suffer from one or more defects. the goods bought by him or agreed to be bought by him.) Complaint "complaint" means any allegation in writing made by a complainant that— an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.
goods which will be hazardous to life and safety when used or being offered for sale to the public.Continued… the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect. as the case may be. a trader or service provider.services which are hazardous or likely to be hazardous to life and safety of the public when used. 11 . has charged for the goods or for the service mentioned in the complaint a price in excess of the price.
Content of Consumer Complaint Details of the complainant. Documents. if any. . Details of the opposite party or parties. in support of the allegations contained in the complaint. The facts relating to complaint and when and where it arose. Relief which the complainant is seeking.
PROCEDURE ON ADMISSION OF COMPLAINT Complaint relating to goods. Findings of the District Forum (sec. 14). Appeal(sec. Proceedings of the district Forum final. Powers of the District Forum.15) . Denial. of allegation by the opposite party Settlement of dispute. by opposite party. etc. Complaint relating to services. Denial of allegation etc.
Making Statements Publication Gifts and prizes Withholding any scheme Sale or supply of goods Hoarding of goods Spurious goods . a trader adopts any unfair method practice is unfair trade practice. for the purpose of promoting the sale or supply of any goods or for the provision of any service.Unfair Trade practices Unfair Trade Practice: It means a trade practice which.
Defect Act 2(1)(f)-any fault. Restrictive Trade Practice: It is one in which tends to bring manipulation of price or to affect the flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions. imperfection. . Deficiency 2(1)(g)-any fault. imperfection or shortcoming in the quality quantity potency purity or standard which is to be maintained in relation to any goods. shortcoming or inadequacy in the quality. nature and manner of performance to be maintained in relation to any services.
Excessive Price: It is for the complaint to establish that the trader has charged for the goods mentioned in the complaint. Hazardous Goods: Those goods which are hazardous to life and safety. manner and effect of use of such goods. a price in excess of the price. . traders shall display information regarding the contents. Such goods offered for sale without such display or caution can be a case of complaint. Like: Displayed on goods Displayed on any package containing such goods. etc.
CONSUMER PROTECTION COUNCILS OR THREE TIERS 3 TIERS CENTRAL COUNCIL STATE COUNCIL DISTRICT COUNCIL .
who shall be its Chairman. the Minister in charge of the consumer affairs in the Central Government. and such number of other official or non-official members representing such interests as may be prescribed. 18 .CONSUMER PROTECTION COUNCILS A) Central Council The Central Council shall consist of the following members.
the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums. 19 . wherever possible.— the right to be protected against the marketing of goods and services which are hazardous to life and property. the right to be assured. access to a variety of goods and services at competitive prices.— The objects of the Central Council shall be to promote and protect the rights of the consumers such as.Objects of the Central Council.
the right to be informed about the quality. and the right to consumer education. purity. standard and price of goods or services the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. potency. 20 . quantity.
The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.Procedure for meetings of the Central Council. The Central Council shall meet as and when necessary. 21 . but at least one meeting of the Council shall be held every year.
such number of other official or non-official members. as may be nominated by the Central Government.B. State Consumer Protection Councils. 22 . not exceeding ten. The State Council shall consist of the following members. namely:— the Minister in charge of consumer affairs in the State Government who shall be its Chairman. such number of other official or non-official members representing such interests as may be prescribed by the State Government.
The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.Procedure for meetings of the State Council. 23 . The State Council shall meet as and when necessary but not less than two meetings shall be held every year.
The objects of every State Council shall be to promote and protect within the State the rights of the consumers. 24 .Objects of the State Council.
C. 25 . such number of other official and nonofficial members representing such interests as may be prescribed by the State Government. who shall be its Chairman. District Council It consist of the following members. namely— the Collector of the district (by whatever name called).
26 . The District Council shall meet at such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.Procedure for meetings of the District Council. The District Council shall meet as and when necessary but not less than two meetings shall be held every year.
Objectives The objects of every District Council shall be to promote and protect within the district the rights of the consumers 27 .
REDRESSAL AGENCIES Rederssal agencies District State National .
a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification: 29 .CONSUMER DISPUTES REDRESSAL AGENCIES District Forums .
who shall be its President. and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. commerce. possess a bachelor's degree from a recognised university. law. or is qualified to be a District Judge. integrity and standing.Members of District Forum Each District Forum shall consist of. accountancy. public affairs or administration: 30 . who shall have the following qualifications. one of whom shall be a woman. be persons of ability. two other members. industry.— a person who is. or has been. namely — be not less than thirty-five years of age.
Jurisdiction of the District Forum. if any. 31 . claimed ''does not exceed rupees twenty lakhs. The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation.
STATE COMMISION State Commission . 32 .A Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State.B.
appointed by the State Government. commerce. integrity and standing. law. who shall have the following qualifications. and not more than such number of members. not less than two.MEMBERS Each State Commission shall consist of— A person who is or has been a Judge of a High Court. possess a bachelor's degree from a recognised university. public affairs or administration: 33 . who shall be its President. and one of whom shall be a woman. accountancy. industry. and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. namely:— be not less than thirty-five years of age. be persons of ability.
claimed ''exceeding rupees twenty lakhs but less than one crore”. if any. 34 .Jurisdiction of the SC The State Commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation.
35 .C. National Commission National Commission .A National Consumer Disputes Redressal known as the " National Commission” is established by the Central Government .
The National Commission. if any. claimed ''exceeding rupees one crore”. 36 . shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation.Jurisdiction of the National Commission.
THANK YOU!!! 37 .