Department of commerce Name : Mehta Megha v. Subject : legal aspect of corporate business. Std. : M.com sem-2 Roll no. : 30 Presentation topic : “Consumer protection Act. 1986” faculty name : DR. daksha p. chauhan

Consumer protection Act.1986 Meaning of Consumer what is consumer protection History of consumer protection act. Law Relating to CPA Rights Needs Objectives Forum Council Case study Conclusion

Meaning of consumer section 2(1)(d) of the consumer protection act,1987 of united kingdom defined the term “consumer” as under: In relation to any goods means any person who might wish to be supplied with the goods for his own private use or consumption. In relation to any service for facilities means any person who might wish to be provided with any services or facilities otherwise than for the purpose of any business of his/her. In relation to any accommodation, means any person who might to occupy the accommodation otherwise than for the purposes of any business of his/her.

What is consumer protection ? To protect the consumers against the unfair practices of the producers and sellers is called consumer protection. Consumers are the “King of the market” and his every needs and demand is to be fulfilled and protected against any kind of misleading activities.

History of consumer protection act. Sir Humphry davy first time describe a protection series of papers to the royal society in London in 1824. In India passed act : - Lok Sabah on 9 th dec.,1986 - rajya Sabah on 10 th Dec, 1986 - Assented by the president of India on 24 th Dec, 1986. - This act was enforced on 15 April ,1987

Law of Relating to consumer protection Act. The Indian sale of goods act. 1930 Agriculture product act.1937 Drugs and cosmetic act. 1940 Indian standard and institution Act.1952 The export(quality control and inspection) Act.1963 Emblems and names Act. 1950 MRTP Act.1969 The essential commodities Act.1955

Rights The right to be protected against marketing of goods and services which are hazardous to life and property. The right to be informed about the quality , quantity , potency , purity , standard and price of goods or services , as the case may be to protect the consumer against unfair trade practices; The right to be assured, wherever possible of access to variety of goods and services at comparative prices;

Cont….. The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forum; The right to seek redressal against unfair practices or restrictive trade practices or unscrupulous exploitation of consumer; The right to consumer education by a advertisement and news to aware about the fraud.

CONT… The right of satisfaction of basic needs. The right to choose a goods & services which they want.

Needs Illiteracy and ignorance Unorganized consumers Spurious goods Deceptive advertising Malpractices of businessmen Freedom of enterprise Legitimacy for existence Customer satisfaction Social environment

Objectives To provides for promotional and protection of the rights of the consumers. To ensure a better quality of living by improving the quality of consumer products & services. The main objective of consumer protection is to provide speedy and simple redressal to consumer disputes.

Cont.. Better protection against exploitation. Make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for the matters connected with it. The protect the consumer from abuse. To provide a venue for redress.

Forums District Forum: * established by a state government. * composition : chairman & 2 members ( one shall be woman ) * Head : District judge * appointed for 5 years * age limit is 65 years * jurisdiction : less than Rs.20 lakhs.

* established by a state government. 2. State commission : * established by a state government. * composition : president & minimum 2 members ( one shall be woman ) * Head : High court judge. * appointed for 5 years. * jurisdiction : in range of Rs.20 lakhs to Rs.1 cror. * 2 meetings in a year.

* established by a Central government. 3. National commission : * established by a Central government. * composition: President & minimum 4 members. ( one shall be woman ) * Head : Supreme court judge. * jurisdiction : more than Rs.1 cror. * appointed for 5 years. * 1 meeting in a year.

Council Central council : ( section 4 to 8 ) Constitution : Central government. Composition : It shall be 150 members. 1. Central minister shall be a chairman. 2. 8 MP’s ( 5 from Lok Sabha and 5 from rajya sabha ) 3. SC/ST commission member. 4. 20 representative of the central gov. officers. 5. At least 20 representative of the consumer. 6. At least 10 representative of women. 7. 15 members capable of representing consumer interest

Cont…. 8. The secretary in the department of civil supplies shall be also the secretary of the central council. 9. 1 meeting in a year decided by a chairman.

Objects of central council The right against marketing of hazardous goods and services. The right against unfair trade practices. The right to get various goods and services at competitive prices. The right to be heard to ensure that the consumer’s interest receives due consideration at different forums. The right to be redressed against unfair trade practices.

State council ( section 7-8) Constitution : the state government known as a state council. Composition : The state minister is a chairman of a state council. Meetings : At least twice in a year. Objects : The object of the state council is to promote and protect the consumer rights within a state.

District council ( section 8a ) Constitution : Every district of a council to be known as the district consumer protection council. Composition : The collector of the district shall be a chairman. Meetings : Less then 2 meetings shall be held every year. Object : The object of a district council is to promote and protect the consumer rights within a district.

Case study Vinay Rajpal vs. park Hyatt goa resort. Impact : This case is a new milestone in the history of consumer rights. Vinay rajpal is a 29 years old businessman and he is coming for goa to attend a wedding of his friend Siddhartha bhimrajka. Siddhartha provide a room no. 321 to vinay rajpal and his wife. The vinay rajpal found the bathroom appeared to be peculiar. But he did not say anything. on July 9,2005 the day of wedding vinay rajpal slipped badly and fell on his face with a great force.

vinay rajpal have a serious injury on his face , mouth , teeth. vinay rajpal sent a legal notice to hotel for a compensation. The hotel didn’t respond the claim and denying the notice. In sept. 2007 vinay filed a consumer complaint the goa state commission claiming a compensation of Rs. 30 lakhs. He claimed that a design of bathroom was a faulty and a housekeeping person had failed to maintain it properly. The hotel defended it self by pointing out that same room 321 had been use since 2002. many guest had used it without any complaint or accident.

Commission did not agree with the hotel’s defense because vinay rajpal’s injury. The commission saw a picture of the bathroom and declared it faulty. JUDGEMENT : At last on 25, january,2012 commission order the hotel to give a compensation of Rs. 9 33 400 to vinay rajpal for a medical expenses.