CONSUMER PROTECTION

MEANING OF 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 FULLFILED AND PROTECTED AGAINST ANY KIND OF MISLEADING ACTIVITIES.

HOW ARE CONSUMERS EXPLOITED THROUGH ADULTERATION OF CONSUMER GOODS POOR QUALITY OF GOODS AND SERVICES MISLEADING ADVERTISEMENT SHORT MEASURE AND UNDER WEIGHT GOODS CREATION OF ARTIFICIAL SCARCITY BY HOARDING GOODS

EXAMPLES OF CONSUMER EXPLOITATION IN INDIA A Manufacturer of sunflower oil claims in the advt. published in a national daily that his oil is rich in vitamins, minerals and so on. On testing all claims were found false. Instant noodles can only be sold in the packing of 100 gms but in case of some manufacturers there are just 80 gms noodles in the packet. A women get admitted in a hospital for an appendix operation but doctors treated her negligently and removed her gall bladder instead of appendix and as a result the women died.

Who is a consumer A person will be termed as consumer if : (i) he buys goods or hires services for consideration (ii) he uses goods with the approval of the buyer (iii) he uses goods bought or services hired exclusively for earning livelihood by self employment

Legal protection to consumers The Consumer Protection Act 1986 The Contract Act 1982 The Sales of Goods Act 1930 The Essential Commodities Act 1955 The Prevention of Food Adulteration Act 1954 The Standards of Weights and measures Act 1976 The Trade Mark Act 1999 The Competition Act 2002

Consumer Protection Act 1986 Consumer Protection Act provides protection to the consumer, passed by the parliament in 1986 and came into force with affect from July 1987.The Act extends to whole of India except the state of Jammu and Kashmir .It was amended twice i.e. in 1993 and 2003. The act provides for the formation of Consumer Protection Councils both at the centre and in the states.

Salient features of Consumer Protection Act Coverage of items : This act is applicable on all products and services. Coverage of sector: This act is applicable to all areas whether private , public or cooperative . Compensatory nature of provisions as it compensates the consumer for the losses . Group of consumer’s rights. Effective safeguards

IMPORTANCE OF CONSUMER PROTECTION FROM THE CONSUMER’S POINT OF VIEW CONSUMER’S IGNORANCE UNORGANISED CONSUMER’S WIDESPREAD EXPLOITATION OF CONSUMER’S

LEGAL PROTECTION TO CONSUMER’S THE CONSUMER’S PROTECTION ACT 1996 THE CONTRACT ACT 1982 THE SALES OF GOODS ACT 1930 THE ESSENTIALS COMMODITIES ACT 1955 THE AGRICULTURAL PRODUCE ACT 1937 THE PRESENTATION ACT 1954 THE COMPETITION ACT, 2002

FROM THE POINT OF VIEW OF BUSINESS LONG TERM INTEREST OF BUSINESS BUSINESS USES SOCIETY’S RESOURCES SOCIAL RESPONSIBILITY MORAL JUSTIFICATION GOVERNMENT INTERVENTION

CONSUMER RIGHTS RIGHT TO SAFETY RIGHT TO INFORMATION RIGHT TO CHOOSE RIGHT TO BE HEARD RIGHT TO SEEK REDRESSAL RIGHT TO CONSUMER EDUCATION

RIGHT TO SAFETY CONSUMER HAS THE RIGHT TO BE PROTECTED AGAINST MARKETING OF SUCH GOODS AND SERVICES AS ARE HAZARDOUS TO HEALTH, LIFE AND PROPERTY.

RIGHT TO INFORMATION CONSUMER HAS THE RIGHT TO GET ALL NECESSARY INFORMATION ON THE BASIS OF WHICH HE MAY DECIDE TO BUY GOODS OR SERVICES .

RIGHT TO CHOOSE UNDER THIS RIGHT CONSUMER CAN CHOOSE ANY FROM AMONG THE VARIETY OF GOODS AND SERVICES AVAILABLE IN THE MARKET.

RIGHT TO BE HEARD CONSUMER HAS THE RIGHT TO FILE A COMPLAINT AND TO BE HEARD IN CASE OF DISSATISFACTION WITH A GOOD OR A SERVICE.

RIGHT TO EDUCATION CONSUMER HAS THE RIGHT TO ACQUIRE KNOWLEDGE AND TO BE A WELL INFORMED CONSUMER THROUGHOUT LIFE.

Consumer’s Responsibilities Consumers must exercise his Rights. Cautious consumer do not buy blindly. Filing complaint for the Redressal of Genuine Grievances. Do not compromise on Quality. Beware of false advertisement. Don’t forget to take receipt and guarantee card.

CASE MS SOFIA ,A CONSUMER PURCHASED MEDICINES WITHOUT NOTICING THE DATE OF EXPIRY.SHE ALSO DID NOT OBTAIN THE CASH MEMO.DO YOU THINK SHE WILL BE ABLE TO PROTECT HERSELF BY THE LOSS CAUSED DUE TO EXPIRED MEDICINE?

RESPONSIBILITIES OF CONSUMER CONSUMER HAVE TO BEAR SOME RESPONSIBILITIES TO PREVENT HIMSELF FROM EXPLOITATION.

1.CONSUMER MUST EXERCISE HIS RIGHTS. CONSUMER IS GRANTED VARIOUS RIGHTS BUT THESE RIGHTS WILL BE USEFUL ONLY WHEN CONSUMER EXERCISES THEM.

2.CAUTIOUS CONSUMER CONSUMER SHOULD NOT BLINDLY BELIEVE ON THE WORDS OF THE SELLER.HE MUST INSIST ON GETTING FULL INFORMATION.

3.FILING COMPLAINTS FOR REDRESSAL consumer forum THE CONSUMER SHOULD NOT IGNORE HIS LOSS HE SUFFERS ON PURCHASE OF DEFECTIVE GOODS AND SERVICES.HE MUST FILE A COMPLAINT EVEN FOR A SMALL LOSS.

4.CONSUMER MUST BE QUALITY CONSCIOUS CONSUMER SHOULD NOT COMPROMISE WITH THE QUALITY OF THE PRODUCT.HE SHOULD LOOK FOR QUALITY MARKS SUCH AS ISI,AGMARK ETC. ISI??

5.DO NOT GET CARRIED AWAY BY ADVERTISEMENTS CONSUMER SHOULD NOT BELIEVE BY JUST SEEING THE ADVERTISEMENT. HE SHOULD SEE THE ACTUAL USE OF THE PRODUCT.

6.INSIST ON CASH MEMO CASH MEMO IS THE EVIDENCE OR PROOF THAT CONSUMER HAS PAID FOR THE GOOD OR SERVICE.TO FILE A COMPLAINT EVIDENCE IS NEEDED.HENCE HE SHOULD ASK FOR CASH MEMO.

Three tier Judicial Machinery under the Consumer Protection Act District Forum at district level (upto 20 lakh) State commission at state level (above Rs 20 lakh but less than 1 crore). National commission at national level (exceeding Rs 1 crore).

WAYS AND MEANS OF CONSUMER PROTECTION SELF REGULATION BY BUSINESS BUSINESS ASSOCIATION CONSUMER AWARENESS CONSUMER ORGANISATION GOVERMENT

ROLE OF CONSUMERORGANISATIONS&NON GOVERNMENT ORGANISATIONS ACCELARATING CONSUMER AWARENESS COLLECTING DATA ON DIFFERENT PRODUCTS EXTENDING SUPPPORT TO GOVERNMENT HELPING EDUCATIONAL INSTITUTIONS FILING SUIT ON BEHALF OF CONSUMERS

SAURABH JAITLY PGT COMMERCE