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Published byGeorgia Manning Modified over 9 years ago
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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
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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
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RIGHTS Against Hazardous Goods To Informatio n About Product To Access Goods At Competitive Price To Be Heard To Redressal To Education
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PROTECTION AGAINST Unfair Trade Practice Restrictive Trade Practice DefectsDeficiencies
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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
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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
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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
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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
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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
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WHO CAN FILE Consumer Voluntary Consumer Association Central or State Government Consumers having common interest Legal heir / representative in case of death of consumer
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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
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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
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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.
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S.9 of the Act provides for the following agencies NATIONAL COMMISSIONSTATE COMMISSIONDISTRICT FORUM
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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
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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
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COMPLAINTS MUST BE LODGED WITHIN TWO (2) YEARS OF CAUSE OF ACTION
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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
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