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8/14/2019 Consumer Protection Act 1986-Phpapp02
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CONSUMER PROTECTION ACT
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-Presented by
ChetanDushyantGaurishankerHemant Jai naresh
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THE LAW RELATING TO CONSUMER PROTECTION
IS
,CONTAINED IN THE CONSUMER PROTECTION ACT . &1986 THE ACT APPLIES TO ALL GOODS
SERVICES
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THE CONSUMER PROTECTION ACT, 1986 (ACT)
Amendments
Amendments in the year 1993
Amendments in the year 2002
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WHO IS A CONSUMER???
Any person who buys or hires anygoods or service is a consumer
except if he uses such goods or service.for commercial purpose /or if the goods service provided is free
,of cost the person shall not be.considered a consumer
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HO IS A CONSUMER? wo kinds of consumer under the Act
onsumer of goods buys or agrees to buy goods any user of such goods
onsumer of services hires or avails any services any beneficiary of such service
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.On 24 December 1986 Govt of India enactedthe Consumer Protection Act 1986 :to
Ensure Rights of Consumers Provide Remedies for deceived Consumers
CONSUMERS' RIGHTS IN INDIACONSUMERS' RIGHTS IN INDIA
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Consumer Protection Act 1986 isunique in the world
Exclusive courts for consumer,disputes in all districts state
.and national capitals .6 consumer rights specified Consumer Protection Councils from
national to state and district
.levels , ,Covers private public cooperative.sectors
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ONSUMERS NEED PROTECTION AGAINST nfair trade practice estrictive trade practice Defects Deficiencies
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NFAIR TRADE PRACTICE Adopting unfair methods or deception to promote
, . .sale use or supply of goods or services e g
( . .Misleading public about price e g bargain price( . .Misleading public about price e g bargain price
).when it is not so).when it is not so .Charging above MRP printed.Charging above MRP printed
Misleading public about another s goods orMisleading public about another s goods or.services.services
,Falsely claiming a sponsorship approval or,Falsely claiming a sponsorship approval or
.affiliation.affiliation .Offering misleading warranty or guarantee.Offering misleading warranty or guarantee
ONSUMERS NEED PROTECTION AGAINST
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ONSUMERS NEED PROTECTION AGAINST DEFECTS
, , ,Any fault imperfection or shortcoming in the quality quantity,potency purity or standard which is required to be maintained
by or under any law for the time being in force or under anycontract express or implied or as is claimed by the trader in
.any manner whatsoever in relation to any goods
DEFICIENCY
, , ,Any fault imperfection shortcoming or inadequacy in the qualitynature and manner of performance which is required to be
maintained by or under any law for the time being in force orhas been undertaken to be performed by a person in pursuance of
.a contract or otherwise in relation to any service
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Consumer's Rights under the ConsumerProtection Act 1986
.1 Right to SAFETY against hazardous goods and.services
.2 , ,Right to be INFORMED about quality quantity, , .purity standard price
.3 Right to CHOOSE from a variety at competitive.prices
.4
.Right to BE HEARD.5 .Right to seek REDRESSAL.6 .Right to CONSUMER EDUCATION
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ALERT ,BEFORE BUYING ANY GOODS OR SERVICE BE SATISFIED ABOUT THE
.QUALITY OR QUANTITY MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY
. .PURCHASE OF Rs 200 AND ABOVE , & ,IN ANY PACKAGED MATERIAL THE MONTH YEAR OF MANUFACTURE
& . . .NET QUANTITY or WEIGHT M R P is MUST ,If IMPORTED it must carry the &NAME ADDRESS OF IMPORTER&NAME ADDRESS OF IMPORTER WITH VALID REGISTRATION WITH VALID REGISTRATION
. . .DON T PAY MORE THAN THE M R P . . .DON T PAY MORE THAN THE M R P ALWAYS LOOK FOR THE DATE OF MANUFACTURE AND DATE OF
/EXPIRY BEST BEFORE IN .CASE OF EDIBLE AND MEDICINES
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Bodies to Facilitate Awareness Central Consumer Protection Council. State Consumer Protection Council. District Consumer Protection Council (only
W.B. has constituted Kolkata CPC for ametropolis).
District Consumer Information Centre (sofar 2 in Kolkata, each in Hooghly,Nadia, Paschim Medinipur, South 24Parganas & Bankura).
Jagriti Shivir Yojana for Antyodaya &Annapurna Yojanas (BPL category 2districts).
Markets till GP level on GIS (unique toW.B.).
Consumer Complaint Cells of Business
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rocedure for Filing aomplaint Under Consumerrotection Act File in triplicate on plain paper to
the District Consumer DisputesRedressal Forum where he
eller has his business oresidence or where the causef action arises .
File complaint ithin 2 yearsithin 2 years
from the date of the cause of.action
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Essential Information in theApplication Name and full address of complainant
Name and full address of opposite party Description of goods and services
Quality and quantity
Price Date & proof of purchase
Nature of deception
Type of redressal prayed for
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Benefits
No lawyer or agent isNo lawyer or agent isnecessarynecessaryfor filing complaint or
to make submission. If due tolawyers conduct consumersuffers, it is a deficiency in
service open to redress. Nominal fees payable as per table
below. No charges for despatchingnotices to opposite parties etc.
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Fees payable District Forum
Value and compensation claimed - Fee
Upto Rs Lakh Rs00
Rs lakh & above but < Rs lakh Rs200
Rs lakh & above but < Rs 0 lakh Rs
400 Rs 0 lakh & above but < Rs 20 lakh Rs
00
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Benefits
Every complaint shall be heardand disposed ofdisposed of within 90within 90
daysdays (0 days in case of labtest) from the date of receipt ofnotice by the opposite party.
No adjournmentNo adjournment shallshallordinarily be grantedordinarily be granted. Ifgranted, reasons to be recorded.
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Redressal a Consumer May Seek Removal of defects in goods or
deficiency in services. Replacement of defective goods.
Refund against defective goods or
deficient services. Compensation.
Prohibition on sale of hazardous
goods.
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For your money s worth during any:purchase
.Insist on a cash memo if the priceis >/= Rs.200.
2.Insist on HALLMARK for your
moneys worth in purity of goldornaments.
3.Check for mandatory declarations
on packing(weight/quantity/best before).
4.Dont pay more than the MRP.
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STANDARD MARKS AND LABELS
Standardization mark is a mark or symbolgiven to a product, which meets certainstandards with respect to the quality in terms
of material used, methods of manufacturing,labeling, packaging and performance.
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Buyer Be AWAREAWARE: look for~
1.1.ISI markISI markon baby food, mineral water,
electrical and cooking gasappliances, pressure cookers,cement, steel, etc.
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ISI MARK
.This guarantees quality of everybatch in production process (use of
components, testing standard ofproduct, in-process checks, qualifiedtechnical personnel).
2.ISI licence is granted by the BIS for year only and performance ofmanufacturer is monitored beforerenewal.
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HALLMARK for GOLD ornaments:licence granted to manufacturer on
meeting IS-47 for purity
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What is HALLMARK
Jewellery is hallmarked from a BISrecognised Assaying &Hallmarking Centre (A&HC).
compulsory symbols makeHallmark:
BIS logo.
Fineness in millesimal number.Assaying & Hallmarking Centres
mark.
Year of marking (A = 2000).
Logo of BIS certified
HALLMARK indicates the jewellery
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HALLMARK indicates the jewelleryconforms to the marked finenessfineness ofgold content. DONT trust Karat
meter which tests only surfacefineness
98 = 23 carat
96 = 22 carat 87 = 2 carat
70 = 8 carat
8 = 4 carat 37 = 9 carat
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Consumer check~
AG markon the pouch/ container forpurchase of pulses, rice, wheat,flour, edible oil, ghee, butter,
honey, spices etc.
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BUY ONLY
FPO mark on the container orpackages of processed food oragricultural produces (jam, jelly,
sauce, fruit juice, pickles etc.)
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ECOMARK 99
Every consumer product webuy has an impact on the
environment.
It is important to know whichwhichones have less impactones have less impacttoimprove the quality of the
environment and toencourage sustainablemanagement of resources.
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Protecting the Consumer~Standards of Weights & Measures Act
& RulesThe weighing balanceweighing balance
The measuring rodmeasuring rod &
The calibrated containercalibrated containerare the tools for consumer
protection
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In a Shop CHECK~CHECK~
Verification CertificateVerification Certificate of ILM must beof ILM must bedisplayed prominently indisplayed prominently in allall shopsshopsusing weights/measures.using weights/measures.
A weighing balance not of metal andnot of metal and
without pointer iswithout pointer is illegalillegal. It does notdisplay the correct weight.
Every weight has to be stamped on thestamped on thereversereversewith the last two digits of the
year (e.g. 03 for 2003) & the unit no. ofthe Inspector. Refuse non-standardweights like stones, iron pieces etc. andif the lead filling is missing onlead filling is missing on
reversereverse.
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Balances and Weights Any balance and scale made of
wood and using string tosuspend the pans is illegal.
For sale of waste paper check that thebuyers weights are stamped up to
date and he uses a metal beamscale with pointer linked byunrusted chains to metal pans.
On electronic weighing
instruments the verification sealis on a plate fixed to it.
Weight of tray not to be included
with veg/fruit bought.
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Cloth, Alcohol, Sweets When buying cloth check the measuring rod is
ofsteelsteel ofone metre or more with theILM 's seal at either end.
Packed readymade garments must have sizesonly in cmsonly in cms. XXL, XL, L, M, SXXL, XL, L, M, S etc. areetc. areillegalillegal and do not indicate exact
measurement. For dispensing alcohol, the peg measurepeg measure must
be of glass or brass that is well-tinnedof glass or brass that is well-tinnedor silver-platedor silver-plated. Standard pegs are of6060
ml.ml. ( peg) and 30 ml. (/2 peg) bearing2003 verification seal.
SweetsSweets, including those in syrup (rossogulla,gulabjamun), must be sold by weightmust be sold by weight..
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Jewellery & RationsJewellery and Ration Shops shall
have weighing scales clearlyvisible and close to theconsumers.
Jewellery shops must use onlyclass-I or class-II balancesclass-I or class-II balancesprotected from breeze, anydisturbance and verified up todate.
For your own protection, insist on
HALLMARKHALLMARKgold ornaments withBIS logo & marked finenessmarked fineness.
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PACKAGED COMMODITIES RULESEvery package shall carry~1.Name and Address of Manufacturer
or Packer.
2.2.Net quantityNet quantity of the package (NOT
gross or weight whenpacked).
3.If sold by number, the numbercontained in the package.
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Every Package Shall Carry~4. Month and year of manufacture or pre-
packing.. In case of food items, best beforebest before or
expiry date.
6. If imported, name and address of theimporter with valid registration.7. MRP inclusive of taxes. No pre-No pre-
packed commodity can be soldpacked commodity can be sold
above the declared MRP in shops,above the declared MRP in shops,hotels, restaurants, barshotels, restaurants, bars(including bottled water, soft and(including bottled water, soft andhard drinks).hard drinks).
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. . .P G Check the weight of the cylinder with
the spring balance available withthe distributor or the delivery man.
The net quantity is 4.2 kg while theempty cylinder weight is to 7kg.
If you take delivery from thedistributors store you pay Rs.8/-Rs.8/-lessless.
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. .O L . Fuel Stations must display
conspicuously a verified 5 ltr. canverified 5 ltr. canby which you can check thequantity of the actual supply.
Totaliser is mandatory for every fuelstation to check accuracy ofdispensing unit.
The Anti-Adulteration Cell will checkany complaint regarding spuriousP.O.L.
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Kerosene Oil
Check ILMs verification on themeasure and the bottom thatshould have no cut mark or dent
or re-welded. Ensure measure is filled to the top
hole.
There should be no lather in thedrum or measure.
Ensure there is no wax or sponge
in the measure.
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Insurance Regulatory and
Development Authority
It is located at:
Parisrama Bhavanam 3rd Floor,Basheerbagh
Hyderabad 500 004.
Ph: 040-55820964, 55789768Fax:040-55823334
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Insurance Council
The Insurance council comprises ofmembers of the Life Insurance Counciland General Insurance Council formedunder Section 40 C of the Insurance Act,
1938. Its governing body consists ofrepresentatives of insurance companies.
It issues orders of appointment of theinsurance Ombudsman on the
recommendations of the committeecomprising of Chairman IRDA, Chairman
LIC, Chairman GIC and a representative
of the Central Government.
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Governing Body of Insurance Council
Address and contact number:
Secretary General
Governing Body of Insurance
CouncilJeevan Seva Annexe
3rd Floor (Above MTNL)
S.V. Road, Santacruz (W)Mumbai - 400 054
Tel. No. : 022 - 610 6889
Fax No. : 022 - 6106980, 610
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Insurance Ombudsman The institution of Insurance Ombudsman
was created by Govt of India for quickdisposal of grievances of insuredcustomers and to mitigate their
problems involved in redressal of thosegrievances.
An Insurance Ombudsman is appointedregionally to attend to complaints
relating to Insurance. For West Bengal,Bihar, Jharkhand, Andaman & NicobarIslands, Sikkim he is located at: NorthBritish Bldg. 29, N.S.Road, 3rd Flr,Kolkata-1. Ph: 22212666 / 22212669,
Fax: 22212668.
Remind Ourselves:
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Remind Ourselves:THE CUSTOMER IS ALWAYSTHE CUSTOMER IS ALWAYSRIGHTRIGHT
~.24 December~.24 Decemberv National Consumer DayNational Consumer Day
~15 March~15 MarchvWorld Consumer Rights DayWorld Consumer Rights Dayfor
celebration and solidarity within theinternational consumer movement. [4basic consumer rights declared by
President Kennedy on March 962.First observed on March , 983.]