Consumer Protection Act 1986-Phpapp02

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

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.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.]

Consumer Protection Act 1986-Phpapp02

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