S.2 (1) (d) : Any Person who Buys any Goods Hires/Avails of any Service For a consideration which has been paid / promised / partly paid / partly promised.

Slides:



Advertisements
Similar presentations
CONSUMER PROTECTION ACT, 1986 Ms. KUMKUM SEN RAJINDER NARAIN & CO. NEW DELHI.
Advertisements

© PDST Home Economics.
CONSUMER AWARENESS PROGRAMME Presents © RallyMark Legal.
Submitted to : Mr. Varun Dhingra
Chapter 2 : Consumer Protection Act 1986, 1993,2002.
CONSUMER PROTECTION ACT. Consumer Protection Act Enacted by the Parliament in 1986 To provide for better protection of interest of consumers. To make.
TWO-THIRDS of spending in the world economy ($ 30 trillion) is by consumers. YET THEY HAVE NO VOICE! New Economic Policy floods market with products—
Module 5 Module V: Consumer Protection Act 1986 Rights and duties of the consumer Tribunal forums and appellate authorities An understanding of significant.
CONSUMER PROTECTION ACT 1986 IN INDIA. Introduction The Consumer Protection Act 1986 was enacted for better protection of the interest of consumers. The.
Appointment & Qualifications of Director.  All Private and Public Limited Companies and One Person Companies (OPC)
Contracts for the Sale of Goods & Warranties Law A.
 TWO-THIRDS of spending in the world economy ($ 30 trillion) is by consumers. YET THEY HAVE NO VOICE!  New Economic Policy floods market with products—
Consumer Rights and Responsibilities. Safety Right to safety –Products must not endanger consumers’ lives or health Responsibility to use products safely.
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.
Consumer Protection Act and consumer forum process
EU Awareness raising campaign on Consumer Rights.
MEANING OF CONSUMER PROTECTION TO PROTECT THE CONSUMERS AGAINST THE UNFAIR PRACTICES OF THE PRODUCERS AND SELLERS IS CALLED CONSUMER PROTECTION CONSUMERS.
CONSUMER PROTECTION.
CHAPTER 19 WARRANTIES AND PRODUCT LIABILITY DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
1 CONSUMER PROTECTION ACT,  Enacted to provide for the better protection of the interest of consumer  Act applies to whole of India except Jammu.
Post-supply consumer warranty law a New Zealand perspective Rae Nield Marketinglaw.co.nz 25 April 2006.
Limitations and Constraints on Marketing (1)
WELCOME. CONSUMER PROTECTION ACT 1986 Consumer Protection Act 1986 Consumer is the purpose and most powerful motivating force of production Consumer.
Consumer Protection Act
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. The provisions of the Act came into force with effect.
Consumer Protection Act Introduction The Consumer Protection Act was enacted in Amendments were made in The Act applies to the whole.
CONSUMER PROTECTION ACT Objectives of the Act Minimum expenses Speedy Redressal of the grievance Simple Procedures Protection of interest of the.
Chapter 7 Part 2. Consumer Protection Laws A Consumer is someone who buys or leases goods, real estate, or services for personal, family, or household.
Consumer Protection Act Introduction Caveat emptor rule ( let the buyer beware) in sale of goods act of 1930, sprout the root of consumer interest.
Amity School of Business 1 Amity School of Business BBA (GEN), IMBA- III Semester Module-V Swati Mittal CONSUMER PROTECTION ACT, 1986.
Consumer Protection Act, 1986 Goods & Services. Objects of the Act Right to be protected against marketing of goods which are hazardous to life and property.
Introduction The Consumer Protection Act was enacted in Amendments were made in The Act applies to the whole of India except the State of.
Consumer Protection Act
CONSUMER PROTECTION LAW & POLICY. Reasons For Universal Emphasis Rapidly increasing variety of goods and services which modern technology has made available;
 To protect the interest of policyholder.  To have speedy and effective grievance redressal system  IRDA has issued guidelines on 27 th July,2010.
CONSUMER PROTECTION ACT, 1986 Alokesh Banerjee. BRIEF HISTORICAL BACKGROUND  Scenario in early 70s & 80s  Existing laws providing consumer protection.
CHAPTER 7 THE CONSUMER. 2 R. Delaney The Consumer A consumer is a person who buys goods and services for personal use A trader buys goods to sell them.
CONSUMER EDUCATION Chapter 3 Consumer Protection.
Consumer Bill of Rights Essential Question: How does the Consumer Bill of Rights protect consumers? 1.
How do I win? Simply take up an advertising option for December, January & February for you chance to win! The offer will be limited and possible a.
Ch. 7 Consumer Protection. “Let the seller beware” Write this statement down and summarize what it means.
“One commodity mixed with another: must not be sold as pure, nor a bad one as good; not less as many, nor anything that is at hand or that is concealed.”
Procedure and application.  Before the enactment of the consumer Protection Act,1986 a person aggrieved by the defective goods or deficiency in service.
THE CONSUMER PROTECTION ACT, In 1962, John F.Kennedy, the President of United States of America made a historic declaration at the US Congress:
Topics to be covered Consumer definition Consumer protection act 1986 Redressal commission District forum, State and national commission Lodging a complaint.
CONSUMER PROTECTION ACT, 1986
Consumer Protection Act, 1986
This is the prescribed textbook for your course.
Limitations and Constraints on Marketing (1)
The CONSUMER PROTECTION ACT(COPRA)1986
CONSUMER RIGHTS ACT,1986 Unit V–Consumer Protection Act, Legal Aspects of Business – Mr.K.Mohan Kumar, AP/MBA 9/8/2018.
CONSUMER PROTECTION ACT 1986
CONSUMER PROTECTION ACT AND SABS Grade 11 Term 3 Week 10 Lesson plan 3
PRESENTED BY: PARMAR KAJAL P.
Legal and risk management WOB_1
Department of commerce
The Household Consumer
Legal Aspects of Corporate Business
Name :-Oriya Surabhi Roll no:-32 PPT Topic:-Consumer Protection ACT.
Consumer Protection Act 1986
Consumer.
Consumer Protection Act 1986
05/04/2019 CHAPTER 7 THE CONSUMER This is the Title Slide R. DELANEY.
CONSUMER PROTECTION.
The Consumer Protection Act, 1986
ADVOCATES ASSOCIATION FOR SOCIAL RESPONSIBILITY AND AWARENESS
WELCOME.
Consumer protection act 1986
CONSUMER PROTECTION.
Consumer protection act 1986
Presentation transcript:

S.2 (1) (d) : Any Person who Buys any Goods Hires/Avails of any Service For a consideration which has been paid / promised / partly paid / partly promised or under any system of deferred payment & includes Any User of such Goods, other than the person who buys the goods for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such use is made with the approval of such person Any Beneficiary of such Services, other than the person who hires / avails of the services for consideration paid / promised / partly paid / promised or under any system of deferred payment, when such services are availed with the approval of such person But does not include a person who obtains such goods for resale / commercial purpose But does not include a person who avails of such services for commercial purpose

Person who buys goods or avails of services for consideration Consideration maybe fully or partially paid, fully or partially promised to be paid Legal heir of a consumer in case of death of a consumer is also a consumer CONSUMER CONSUMER OF GOODS CONSUMER OF SERVICES

RIGHTS Against Hazardous Goods To Informatio n About Product To Access Goods At Competitive Price To Be Heard To Redressal To Education

PROTECTION AGAINST Unfair Trade Practice Restrictive Trade Practice DefectsDeficiencies

Adopting unfair methods or deception to promote sale, use or supply of goods or services. Misleading public about price (e.g. bargain price when it is not so) Charging above MRP printed Misleading public about another’s goods or services Falsely claiming a sponsorship, approval or affiliation Offering misleading warranty or guarantee

Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition Supplying only to particular distributors or on condition of sale only within a territory Delaying in supplying goods/services leading to rise in price Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services

Which is required to be maintained by or under any law for the time being in force OR under a contract, express/implied or as is claimed by the trader in any manner whatsoever in relation to any goods DEFECTFAULTIMPERFECTIONSHORTCOMING QUALITYQUANTITYPOTENCYPURITYSTANDARD

Which is required to be maintained by or under any law for the time being in force OR has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service DEFIECIENCY FAULT IMPERFECTION INADEQUACY QUALITYNATUREMANNER SHORTCOMING

KINDS Unfair/Restrictive Trade Practice adopted by trader/service providerGoods bought/agreed to be bought suffer from one or more defects Services hired/availed or agreed to be hired/availed suffer from deficiency Price charged in excess of quoted price Goods/services are hazardous/likely to be hazardous to life & safety when used

WHO CAN FILE Consumer Voluntary Consumer Association Central or State Government Consumers having common interest Legal heir / representative in case of death of consumer

Procedure for Filing Complaint:- Complaint must be accompanied by fee Form may be admitted or rejected within 21 days On Admission a copy shall be referred to opposite party within 21 days Opposite party is given 30 days to give his version (An additional 15 days may be granted) Where testing is required, sample to be sent within 45 days with deposit of laboratory fees by complainant Copy is also forwarded to opposite party for information & reply Forum gives both parties opportunity to be heard Forum will pass necessary orders

Complaint Application Form should contain:- Name & Full Address of Complainant Name & Full Address of Opposite Party Description of Goods or Services Quality & Quantity Price Date & Proof of Purchase Nature of Deception Type of Redressal Prayed for

Central Consumer Protection Council Central Government establishes Central Consumer Protection Council by notification. It consists of a. Minister-in-charge of consumer affairs in the Central Govt. as Chairman. b. Such other official/non- official members representing interest as may be prescribed. The Council shall consist of 150 members and the term of the council shall be 3 years. The Council meeting must be held as and when necessary but at least once every year The object of the Council is to promote and protect the rights of the members State Consumer Protection Council State Government establishes the State Consumer Protection Council by notification. It consists of a. Minister-in-charge of consumer affairs in the State Government as Chairman. b. Such other official/non- official members representing interests as may be prescribed by the State Government. c. Such number of official and non-official members as may be prescribed by the Central Govt. The council meetings must be held as and when necessary but at least two meetings must be held every year. District Protection Council State Government establishes for every district, a District Consumer Protection Council by notification. It consists of a. The Collector of the district, who shall be its chairman. b. Such number of other official and non-official members representing such interest as may be prescribed. The Council meetings must be held as and when necessary but at least two meetings must be held every year.

S.9 of the Act provides for the following agencies NATIONAL COMMISSIONSTATE COMMISSIONDISTRICT FORUM

Constitution of the Three Tier Redressal Agency District Judge (present or past) to be its President. Two other members of knowledge and experience, one of them being a woman. Office bearers to hold office for 5 years or upto 65 years whichever is earlier and shall be eligible for re-appointment. Any member can resign by giving notice. State Govt. may prescribe the salary or honorarium and terms and conditions of service. District Forum Judge of High Court (present or past) to be its President. Two other members of knowledge and experience, one of them being a woman. Office bearers to hold office for 5years or upto 67 years whichever is earlier and shall be eligible for reappointment. Any member can resign by giving notice. State Govt. may prescribe the salary or honorarium and terms and conditions of service State Commission Judge of Supreme Court (present or past) to be its President. Four other members of knowledge and experience, one of them being a woman. Office bearers to hold office for 5 years or upto 70 years whichever is earlier and shall be eligible for reappointment. Any member can resign by giving notice. Central Govt. can prescribe the salary or honorarium and terms nd conditions of service. National Commission

DISTRICT FORUM Value of Goods/Services < Rs.20 lakhs STATE COMMISSION Value of Goods/Services > Rs.20 lakhs but < Rs.1 crore NATIONAL COMMISSION Value of Goods/Services > Rs.1 crore

COMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE OF ACTION

Remedies Sec 14 The District Forum/State Commission/National Commission may pass one or more of the following orders : 1. To remove defects pointed out by the laboratories 2. To replace the defective goods 3. To return to the complainant the price or charges paid by him’ 4. To award compensation to consumer for any loss or injury suffered due to negligence of opposite party. 5. To remove deficiency in services 6.To discontinue UTP/RTP 7.Not to offer hazardous goods for sale 8.To withdraw hazardous goods offered 9.To provide adequate costs to the parties