Chapter 2 : Consumer Protection Act 1986, 1993,2002

Consumer Anyone who buys any goods for a consideration Anyone who uses any goods purchased by others but with the consent or approval of the purchaser Who hires or avails of any service for a consideration

Introduction about Consumerism i) How Consumers can be protected? ii) Consumers are protected against what?

Rights of a Consumer 1. Right to Safety The right to be protected against marketing of goods which are hazardous to life and property. 2. Right to information The right to be informed about the quality, quantity, potency, purity, standards and price of goods to protect the consumer against unfair trade practices; 3. Right to choose The right to be assured, wherever possible, access to variety of goods at competitive prices, 4. Right to Represent The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums

Rights of a Consumer 5. Right to Redressal The right to seek redressal against unfair trade practice or unsulptuous exploitation of consumers, and 6. Right to Education : The right to consumer education. Virtually, this is the Consumer’s Charter which has been provided under S.6 of the Act. The following rights have been added by the Amendment Act, 1993 and 2002 respectively. 7. Protection from Unfair Trade Practices The right to be protected from unfair trade practices as defined under section 36A of M.R.T.P.Act, 1969, and 8. Protection against Spurious Goods: Protection from spurious goods or offering such goods for sale or adopting deceptive practice in the provision of services.

Grievance Redressal 1. The Central Consumer Protection Council (More than 1 Crore) 2. The State Consumer Protection Council (More than 20 Lakh but less than 1 Crore) 3. The District Consumer Protection Council.(Less than 20 Lakhs)

Complaint Allegation in writing that unfair or restrictive trade practice, Goods bought suffer from defects, Service hired suffer from deficiency, Excessive Pricing, Hazardous or unsafe goods

Defect Any default, imperfection or shortcomings in quality, quantity, potency, purity or standard Service: Provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electricity, hotels, entertainment.

Unfair Trade Practices (a) Making false or misleading representations that goods/services are of a particular standard/quality/quantity/grade, (b) Representing that goods/services have characteristics/ uses/accessories/sponsorships etc which they do not have or giving any guarantee as to performance/efficacy that is not based on adequate or proper test’; (c) Misleading the public concerning the price at which products or like products/services are sold;

(d) Advertising the supply of goods/services at bargain prices, when in fact the same are not intended to be offered for sale at such bargain prices; (e) Offering of gifts, prize with the intention of not providing them as offered or if the price of the gift/prize is included fully or partly in the item sold;. (f) Non compliance of product safety standard; (g) Hoarding or destruction of goods.

ESSENTIAL INFORMATION IN THE APPLICATION yName and full address of complainant yName and full address of opposite party yDescription of goods and services yQuality and quantity yPrice yDate & proof of purchase yNature of deception yType of redressal prayed for

BENEFITS & RELIEFS zBenefit yDisposal within 90 days yNo adjournment shall ordinarily be granted - yNo adjournment shall ordinarily be granted - Speedy trial zRelief yRemoval of defects in goods or deficiency in services. yReplacement of defective goods. yRefund against defective goods or deficient services. yCompensation. yProhibition on sale of hazardous goods.