Who is a Consumer? A ”consumer” is a person who buys any goods or hires any service for valuable consideration (including deferred payment). The term does not include a person who obtains goods or services for resale or for any commercial purpose. However, persons who avail goods or services exclusively for the purpose of earning their livelihood by means of self employment are considered as ‘consumers’.

Who is not a consumer I.He obtains the goods for “resale” or for any “commercial purpose”; or II.Buys goods without consideration; or III.Hires or avails of any services without consideration; or IV.Uses the goods without the approval of the person who has bought the goods for consideration; or V.Is beneficiary of services without the consent of the person who has hired the services for consideration; or VI.He obtains service under a contract of personal service. VII.He avails of services for any commercial purpose.

CONSUMER RIGHTS Rights 1 to 6 are directly guaranteed under the Consumer Protection Act 1986 while Rights 7&8 are implied under the Constitution of India. 1. Right to safety Right to be protected against marketing of goods or services which are hazardous to life and property. 2. Right to information Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services as the case may be, so as to protect the consumer against unfair trade practices. 3. Right to choose Right to be assured, wherever possible, access to a variety of goods and services at competitive prices.

4. Right to be heard Right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate fora. 5. Right to redressal Right to seek redressal against Unfair Trade Practices or Restrictive Trade Practices or unscrupulous exploitation of consumers. 6. Right to consumer education Right to acquire knowledge and skills needed for taking action to influence factors which affect consumer decisions

8. Right to basic needs Right to basic needs ensures basic goods and services which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation to lead a decent life. 7. Right to Healthy Environment The right to physical environment that will enhance the quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations.

RESPONSIBILITIES OF CONSUMERS 1. BEFORE BUYING Planning in advance Enquiring past performance of product / service Enquiring about reputation and past performance of producer / seller / service provider

WHILE BUYING Asking for demonstration regarding how to operate / use the product/service Enquiring about after-sales service and ensuring availability, phone number, address and of service canter Reading and knowing the contents of guarantee / warranty card Insisting for approved sale bill with serial number, address, phone number, etc. Obtaining guarantee / warranty card and getting it signed/sealed by dealer

AFTER BUYING Using products as per instruction given in user manual Keeping bills and guarantee card safely In case of fault inform dealer and service centre. Do not meddle or repair yourself Keeping record for all correspondences Seek immediate redressal of deficiency in product. CONSUMER

PROTECTION ACT, 1986 The Act envisages a three tier quasi judicial system. They are known as (i) District Consumer Disputes Redressal Forum (ii) State Consumer Disputes Redressal Commission and (iii) National Consumer Disputes Redressal Commission

Features of Consumer Protection Act, 1986 and filing of complaints 1.Simple formalities 2.Advocates not compulsory 3.Consumers themselves can conduct cases 4.Complaints may be sent even through Registered Post 5.Registered Consumer Organisations or Government can also file complaint on behalf of consumer(s) 6.Less expensive 7.Compensation can be claimed for the loss suffered including mental agony

Protection offered by Consumer Protection Act, 1986 against: A. Deficiency in product or service. B. Poor aftersales service. C. Damage/Loss to health, life and property due to Product. D. Hazards arising out of product/service. E. Unjust enrichment through unfair means. F. Misleading advertisements G. Unfair Trade Practices H. Restrictive Trade Practices (like tie-up sales) I. Violations of any other applicable laws or regulations

Nature of complaint: Any unfair trade practice or restrictive trade practice adopted ;by the trader. Defective goods. Deficiency in service. Excess price charged ;by the trader. Unlawful goods sale, which is hazardous to life and safety when used

Consumer Disputes Redressal Forums (District Forum) Claims less than or equal Rs.20 lacs. Consumer Disputes Redressal Commissions (State Commission) Claim more than Rs.20 lacs & less than Rs.1 crore & appeals. National Consumer Disputes Redressal Commission (National Commission) Claim equal to Rs.1 crore & appeals FORUM & JURISDICTION

settlement mechanism Processes: Consumers are encouraged to go to the supplier as their first port of call to resolve the dispute. If there is no resolution, refer the matter to a Dispute Resolution Agent, who will attempt to resolve the matter through an Alternative Dispute Resolution process. Then referral by the NCC of minor matters to Provincial Office who will escalate the matter to Provincial Consumer Courts. Then the Commission/ Tribunal as the last resolution to individual complaints. The National Consumer Commission will investigate complaints, and refer cases to the Consumer Tribunal. The Consumer Tribunal will have authority to declare the act contravened, order changes in practice, impose administrative fines and interdict future prohibited practices.

WHERE TO COMPLAIN Consumer Help Line, via the dti Customer Contact Centre: the dti Office of Consumer Protection (OCP) : (012) / 1558 / This address is being protected from spambots. You need JavaScript enabled to view it the dti Website: National Consumer Tribunal (NCT): (012) NCT This address is being protected from spambots. You need JavaScript enabled to view it NCT Website: Other Useful Contact Details in the Consumer Realm: Government Bodies Consumer Commission Public Protector Department of Trade and Industry (DTI) Provincial Consumer Protection Offices Consumer NGO’s South African National Consumer Union

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

Role of consumer forum The consumer court is the main thing to create the awareness about the consumer rights. If there is any difficulty when buying and selling some things, then the consumer court will help to the consumers to get rid form that particular problem. If the consumer not satisfied in the product or services, then they can apply in the court to get the justice and compensation. For example: if you have the complaint related to the buying the computer accessories, then you have to take the computer and accessories forum and that has the sub forums, like desktop computer, laptops, computer hardware and software and you will choose the sub forums depends on your complaint. This kind of forum has all kind of filed. You can give the complaint about anything through this site without the knowledge of the police and court. And definitely you can get the right justice for your case. Through the helps of these sites filing complaint based on the consumer rights become so easy.

consumer awareness program The CAP is a voluntary program established in 1986 (and later updated in 2001) by the manufacturers of CCA products to inform consumers about the proper handling, use and disposal of CCA-treated wood. Under this program, information is disseminated to consumers upon purchasing CCA-treated wood products via Consumer Safety Information Sheets and/or tag labeling applied directly to the wood products. EPA worked with the wood preservative industry, registrants, major retailers, and public interest groups to expand the program to include precautionary labeling on all pieces of CCA-treated lumber, in-store displays and additional information available to the public.

CONSUMER PROTECTION ACTIVITIES by Govt. Establishment of Citizen Consumer Clubs in every educational Institution Providing consumer education to rural masses through Women Self Help Groups / Panchayat Level Federations and through Residents Welfare Associations / Apartment Owners Associations in Urban areas Generating awareness through sectorial work shops / seminars Publication and distribution of monthly magazine under the caption “Tamil Nadu Nugarvor Kavasam” Propagating consumer awareness messages through Radio / Television Media and short video films With the motive of developing Citizen as “Valuable Consumer” various consumer organizations are serving together with Government of Tamil Nadu in providing consumer education to general public.