CONSUMER
PROTECTION
PART- 1
SUNIL PANDA-
THE EDUCATOR
Meaning
Consumer protection refers to
protecting the interest of
consumer.
Legal Protection to consumer (By govt. of India)
The consumer protection Act 2019 (COPRA):- This was the most important step
taken by a govt. to protect the interest of consumer. The provision of act came into
force 20 July 2020
It repeals and replaces the Consumer Protection act 1986.
The main features of this act are:-
i) This act provides various Right and Responsibilities to consumer
ii) It provides safeguard to customer against defective goods, deficient, service,
unfair trade practice, etc.
iii) The act has provided three tier redressal agencies where customer can file
complaints. (i) District forum, (ii) State commission, (iii) National Commission
Sunil Panda Commerce Classes
Consumer Protection Act 2019
# Digital Process
# Cover E- commerce
# Mediation
# More Strict Rules
# Covers- Product Manufacturer service provider, Dealer & Product seller
# Place of seller is irrelevant
# Celebrities/ Endorsement liabilities
# CCPA- (Regulator) Central Consumer Protection Authority
Sunil Panda Commerce Classes
• According to consumer protection act A “Consumer” is
a) One who buys goods or hires services for some value
b)Any users of such goods or beneficiary of services with approval of
the buyers
c) Anyone who uses the goods bought or services hired for earning
livelihood by self-employment.
The following are not considered as consumer
a) The person who obtains goods for resale
b) The person who uses the goods without the approval of the buyer
c) The person who avails of the services without the approval of the hirer
d) Who obtains goods without any considerations
e) Who hires any services without any considerations
Sunil Panda Commerce Classes
Consumer Rights
Right Right Right Right Right to Right to
to to to to be seek education
Safety choice information heard Redressal
Right to Safety:- According to this right
the consumers have the right to be
protected against the marketing of
goods and services which hazardous
to life and property. This right is
important for safe and secure life.
This right includes long-term interest
as well as for their present requirement
sometimes manufacturing defects in
pressure cooker, gas cylinder and other
electrical appliances may cause to life,
health, property of consumer.
Right to choice:- According to this right
every consumer has the right to choose
the goods or services of his or her likings
the producers or supplier or retailer
should not force the customer to buy a
particular brand only. consumer should be
free to choose the most suitable product
from his point of view.
Right to information:- According to this
right the consumer has the right to get
information about the quality, quantity,
purity, standard and price of goods.
Right to be heard or Right to
Representation:-
According to this right the consumer has
the right to represent himself or to be
heard or right to show his interest. In case
a consumer
has been exploited or has any complaint
against the product then he has the right
to be heard.
Right to seek Redressal:- According to this
right the consumer has the right to get
compensation or seek Redressal against
unfair trade practices or any exploitation
this right assures justice to consumer
against exploitation.
Right to consumer education:-
According to this right it’s the right of
consumer to acquire the knowledge
and skills to be informed to customers
it is easier for literate consumer to
know their rights and take action but
this right assures that illiterate consumer
can seek information about the existing
acts and agencies are set up for their
protection.
Thank you
KEEP ON SUPPORTING
CONSUMER
PROTECTION
PART- 2
SUNIL PANDA-
THE EDUCATOR
Consumer Responsibilities
Consumer must Filing complaints for Do not be carried
Exercise his the Redressal of away by Respect the
right Genuine Grievances Advertisement environment
Cautious Consumer must Insists on
Consumer be quality cash memo
conscious
Consumer Responsibilities
1. Consumer must exercise his
right:- Under consumer protection
act the consumer is granted
various rights such as right to
safety, right to choose, etc. but
these rights will be useful only
when consumer are use his rights
Consumer Responsibilities
2. Cautious Consumer:- The
consumer should not blindly
believe on the words of seller he
must insist on getting full
information on the quality,
quantity, utility, price, etc. of the
goods or service.
Consumer Responsibilities
3. Filing complaints for the
Redressal of Genuine Grievances:-
Most of the time consumer ignores
the loss he suffers on purchases of
defective goods. But this attitude
encourage the corrupt
businessmen to supply defective
goods.
Consumer Responsibilities
4. Consumer must be quality
conscious:- The problems of
supply of substandard goods,
adulterated product and duplicate
products can be solved by
consumer himself while
purchasing goods consumer must
looks for quality marks such as ISI
Mark, AGMARK, ISO, Wool Mark,
etc.
Consumer Responsibilities
5. Do not be carried away by
Advertisement:- The
advertisement often exaggerate
the qualities or features of
product or service. The consumer
should not carried away towards
advertisements.
Consumer Responsibilities
6. Insists on cash memo:- To file a
complaint the consumers need
the evidence of purchase and
cash memo is the profit that
consumer has paid for the goods
and services. A seller is bound to
give a cash memo even if buyer
does not ask for it
Consumer Responsibilities
Respect the environment, avoid
waste littering and contribution to
pollution.
Nature of controlling
Three tier consumer grievances machinery under the consumer protection act:
District
Commission State
commission
National
commission
1. District Commission:- It consists of a president and two other members.
The president can be a retired or working judge of district court. They are
appointed by state govt. the complaints for goods or services worth ₹1
Crore or less. Can be filed in the agency. The agency send the goods for
testing in laboratory if required and give decision on the basis of facts and
laboratory report. If the aggrieved party is not satisfied by the Jurisdiction
then they can file an appeal against the judgement in state commission
within 45 days.
2. State commission:- It consist of a president and two other members.
The president must be a retired or working judge of high court. They all
are appointed by state govt. the complaints for the goods worth more
than ₹1 crore and less than ₹10 crore can be filed in state commission
on receiving the complaint the state commission contacts the party
against whom the complaint is filed and sent the goods for testing in
laboratory if required. In case the aggrieved party is not satisfied with
the judgement then they can file an appeal in national commission
within 30 days
3. National commission :- It consist a president and four members one of
whom shall be a women they are appointed by central govt. the complaint
can be filed in national commission if the value of goods exceeds ₹10 crore
on receiving the complaint the national commission informs the party against
whom complaint is filed and sends the goods for testing if required and gives
judgement if aggrieved party is not satisfied with the judgement then they
can file a complaint in supreme court within 30 day. Only those appeal
where value of goods and services exceeds ₹10 crore and aggrieved party
was not satisfied with the order of the national commission can be taken to
the supreme court of India.
These are the following Remedies are available to consumer on complaints
filed by him
1. Refund of the price paid
2. Compensation of loss or injury suffered
3. Withdrawal of hazardous goods from market
4. Payment of adequate cost to grieved party
5. Alteration of misleading advertisement
6. Discontinue of unfair trade practices
Marks indicating quality in different products
1. ISI = On consumer durable products, electronic item
2. AGMARK = On agricultural commodities and live stock product
3. BIS Mark (Hall Mark) = On gold jewelry
4. Wool Mark = It signifies 100% Pure wool
5. Eco Mark:- For environment friendly products
• These are the list of some consumer organization and NGOs
1) Consumer coordination council, Delhi
2) Voluntary organization in interest of consumer education (VOICE)
3) Consumer association (Kolkata)
4) Consumer guidance society in India
5) Mumbai Grahak Panchayat
Role of Consumer organisations and NGO
• Educating the villager/general public about consumer rights by
organizing training Programmes, seminars and workshops
• Public periodicals and other publications to import knowledge about
consumer problems, relief available and other matters of interest
• Carrying out comparative testing of consumer products in accredited
laboratories to test relative qualities of competing brands and
publishing the test result for the benefit of consumer
Sunil Panda Commerce Classes
• Encouraging consumers to strongly protest and take an action against
exploitative and unfair trade practices of sellers
• Providing legal assistance to consumers by way of providing aid, legal advice,
etc. in seeking legal remedy
• Filling complaints in consumer courts on behalf of consumer
• Taking an initiative in filling cases in consumer courts in the interest of the
villager/general public, not for any individual
Motivating people to ask for quality makes such as ISI mark, AGMARK, etc.
Sunil Panda Commerce Classes
Thank you
KEEP ON SUPPORTING
