The consumer protection act 1986

THE CONSUMER PROTECTION ACT 1986

By Group ‘A’

UNIT-IIMODULE-IV

THE CONSUMER PROTECTION ACT,1986

NAME OF THE MEMBERS:-

AasiyaEram

Nida

PetrickRashidaShikha

Amrita

Sunny

Anurag

INTRODUCTION:PROTECTION OF CONSUMER’S RIGHTS HAS LONG BEEN RECOGNIZED DATING BACK AS EARLY AS TO THE YEAR 1824.BUT PROTECTION OF CONSUMER RIGHTS GAINED IMPORTANCE IN APRIL 1985 WHEN THE GENERAL ASSEMBLY OF THE UNITED NATIONS ADOPTED A SET OF GENERAL GUIDELINES (GENERAL ASSEMBLY RESOLUTION 39/85)FOR THE PROTECTION OF THE CONSUMER’S.THESE GUIDELINES CONSTITUTE A COMPREHENSIVE POLICY FRAMEWORK OUT-LINING WHAT GOVERNMENTS NEED TO DO PROMOTE CONSUMER RIGHTS.

THE FRAMEWORK DEALS WITH: 1)PHYSICAL SAFETY

2)PROTECTION AND PROMOTION OF THE CONSUMER INTEREST.

3)STANDARDS FOR THE SAFETY AND QUALITY OF CONSUMER GOODS AND SERVICES

4)DISTRIBUTION FACILITIES FOR CONSUMER GOODS AND SERVICES.

5)MEASURES ENABLING CONSUMERS TO LOCATION REDRESS.

6)MEASURES RELATING TO SPECIFIC AREAS(FOOD,WATER AND PHARMACEUTICALS)AND

7)CONSUMER EDUCATION AND INFORMATION PROGRAMME.

REASONS FOR ENACTING A SPECIFIC ACT:

Doctrine Of Caveat Emptor

Collective Bargaining

Multiple Laws

Hurdles In The Litigation

Remedy

DOCTRINE OF CAVEAT EMPTOR

THIS DOCTRINE ‘CAVEAT EMPTOR’OR ‘BUYER BEWARE’WAS APPLICABLE.THIS DOCTRINE HELD THE BUYER TOTALLY RESPONSIBLE,ALTHOUGH THE SELLER WAS AWARE OF DEFECT OR DEFICIENCY.

COLLECTIVE BARGAINING:

THE SELLER LOBBY WAS STRONG WHILE THE BUYER WERE INDIVIDIUAL.IT WAS VERY DIFFICULT FOR AN INDIVIDUAL BUYER TO FIGHT THE SELLERS.

The Indian Contract Act

The Sale Of Goods Act

The Essential Commodities Act

Prevention of Food Adulteration

Act

Water(Prevention and Control Of Pollution) Act

MULTIPLE LAWS APPLICATION

HURDLES IN THE LITIGATION:

IF THE PERSON FALLS ILL DUE TO THE CONTAMINATED WATER,HE SHOULD ONLY GO TO A REGULAR COURT FOR A REMEDY.GOING TO REGULAR COURT WAS BOTH EXPENSIVE AND TIME CONSUMING.THIS WAS AN ADDITIONAL BURDEN ON THE INNOCENT BUYERS.THIS WAS IN ADDITION TO THE PHYSICAL AND MENTAL AGONY.

REMEDY:

THE BUYER IF SUCCESSFUL IN WINNING THE BATTLE, WOULD GENERALLY GET A REMEDY IN THE FORM OF PUNITIVE AND DETERENT MEASURE i.e THE GUILTY SELLER WOULD BE PUNISHED (PUNITIVE) AND IT WOULD PUT FEAR IN THE MIND OF LIKEMINDED SELLERS(DETERRENT).

OBJECTS AND REASONS:1)THE RIGHT TO BE PROTECTED AGAINST MARKETING OF GOODS,WHICH WAS HAZARDOUS TO LIFE AND PROPERTY.

2)THE RIGHT TO BE INFORMED ABOUT THE QUALITY,QUANTITY,POTENCY,PURITY,STANDARD AND PRICCE OF GOODS TO PROTECT THE CONSUMER AGAINST UNFAIR TRDE PRACTICES.

3)THE RIGHT TO BE ASSURED,WHENEVER POSSIBLE,ACCESS TO VARIETY OF GOODS AT COMPETITIVE PRICES.

4)THE RIGHT TO BE HEARD AND TO BE ASSURED THAT CONSUMERS INTERESTS WILL RECEIVE DUE CONSIDERATION AT APPROPRIATE FORUMS

5)THE RIGHT TO SEEK REDRESSAL AGAINST UNFAIR TRADE PRACTICE OR UNSCRUPULOUS EXPLOITATION OF CONSUMERS,AND

6)RIGHT TO CONSUMER EDUCATION.

THE FOLLOWING RIGHTS HAVE BEEN ADDED TO THE AMENDMENT ACT,1993 AND 2002 RESPECTIVELY:

7)THE RIGHT TO BE PROTECTED FROM UNFAIR TRADE PRACTISES AND DEFINED UNDER SECTION ,36A OF MRTP ACT, 1969, AND

8)PROTECTION FROM SPURIOUS GOODS OR OFFERING SUCH GOODS FOR SALE OR ADOPTING DECEPTIVE PRACTISES IN THE PROVISION OF SERVICES.

DEFINITIONS:

APPROPRIATE LABORATORY:S2(1)(a):‘’APPROPRIATE LABORATORY’’ MEANS A LABORATORY OR ORGINAZATION;

i)RECOGNISED BY THE CENTRAL GOVERNMENT;

ii)RECOGNISED BY A STATE GOVERNMENT,SUBJECT TO SUCH GUIDELINES AS MAY BE PRESCRIBED BY THE CENTRAL GOVERNMENT IN THIS BEHALF;OR

iii)ANY SUCH LABORATORY OR ORGANIZATION ESTABLISHED BY OR UNDER ANY LAW FOR THE TIME BEING IN FORCE,WHICH IS MAINTAINED,FINANCED OR AIDED BY THE CENTRAL GOVERNMENT OR A STATE GOVERNMENT FOR CARRYING OUT ANALYSIS OR TEST OF ANY GOODS WITH A VIEW TO DETERMINING WHETHER SUCH GOODS SUFFER FROM ANY DEFECT.

COMPLAINANT" S.2(1)(B)MEANS—

(I) A Consumer; Or

(Ii) Any Voluntary Consumer Association Registered Under The Companies Act, 1956 (1of 1956)or Under Any Other Law For The Time Being In Force; Or

(Iii) The Central Government Or Any State Government,

(Iv)one Or More Consumers, Where There Are Numerous Consum ers Having The Same Interest;

(V) In Case Of Death Of A Consumer, His Legal Heir Or Representative; Who Or Which Makes A Complaint;

COMPLAINT S.2(1)(C): (ABRIDGED)

(I)An Unfair Trade Practice Or A Restrictive Trade Practice Has Been Adopted By Any Trader Or Service Provider;

(Ii)The Goods Bought By Him Or Agreed To Be Bought By Him; Suffer From One Or More Defects;

(Iii)The Services Hired Or Availed Of Or Agreed To Be Hired Or Availed Of By Him Suffer From Deficiency In Any Respect;

(Iv)A Trader Or Service Provider, As The Case May Be,  Has Charged For The Goods Or For The Service Mentioned In The Com plaint A Price In Excess Of The Price.

(V)goods Which Will Be Hazardous To Life And Safety When Used Or Being Offered For Sale To The Public.

(Vi) Services Which Are Hazardous Or Likely To Be Hazardous To Life And Safety Of The Public When Used, Are Being Offered By The Service Provider Which Such Person Could Have Known With Due Diligence To Be Injurious To Life And Safety;”;

"CONSUMER" MEANS ANY PERSON WHO—

Buys Any Goods For A Consideration Which Has Been Paid Or Promised Or Partly Paid And Partly Promised, Or Under Any System Of Deferred Payment And Includes Any User Of Such Goods Other Than The Person Who Buys Such Goods For Consideration Paid Or Promised Or Partly Paid Or Partly Promised, Or Under Any System Of Deferred Payment When Such Use Is Made With The Approval Of Such Person, But Does Not Include A Person Who Obtains Such Goods For Resale Or For Any Commercial Purpose; Or

(Ii)   Hires Or Avails Of Any Services For A Consideration Which Has Been Paid Or Promised Or Partly Paid And Partly Prom ised, Or Under Any System Of Deferred Payment And Includes Any Beneficiary Of Such Services Other Than The Person Who 'Hires Or Avails Of The Services For Consideration Paid Or Promised, Or Partly Paid And Partly Promised, Or Under Any System Of Deferred Payment, When Such Services Are Availed Of With The Approval Of The First Mentioned Person But Does Not Include A Person Who Avails Of Such Services For Any Commercial Purposes

ONE CAN SUM UP A CONSUMER,AS ONE WHO:1)BUY GOODS: There Has To Be Buying Of Goods For Consideration.Thus There Has To Be The Pre-existence Of A Completed Transaction Of Sale.

Example:an Air Conditioner Purchased Was Malfunctioning During The Period Of Warranty.Held To Be A Consumer.

2)USER OF GOODS : Any Person Who Uses The Goods With The Approval Of The Buyer Can Be Called A Consumer.This Is An An Exception To The Rule ’Stranger Of The Contract Cannot Sue Or Be Used.

3)HIRES SERVICES: The Term ‘Hired’ Has Not Be Defined Under The Act.Its Dictionary Meaning Is- To Procure The Use Of Service At A Price.Thus The Term ‘Hire’ Has Also Been Used In The Sense Of ‘Avail’ Or ‘Use’

4)BENEFICIARY: When A Person Hires Services,he May Hire It For Himself Or For Any Other Person.In Such Cases Beneficiary (Or Users)of These Services Is Also A Consumer.

5)BUYER OF GOODS FOR LIVELIHOOD: Where The Good Are Bought For Commercial Prpose,he Is Not A Consumer.However Where He Buys For Self Employment And Uses It Himself,he Is A Consumer.

CONSUMER DISPUTE:S.2(1)(C)

“A Dispute Where The Person Against Whom A Complaint Has Been Made, Denies Or Disputes The Allega tions Contained In The Complaint”

DEFECT:S.2(1)

“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 Under Any Contract, Express Or Implied Or As Is Claimed By The Trader In Any Manner Whatsoever In Relation To Any Goods;”

DEFICIENCY:S.2

Any Fault, Imperfection, Shortcoming Or Inade quacy In The Quality, Nature And Manner Of Performance 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 Services.

MANUFACTURER:S.2 (1)

“Manufacturer” Means A Person Who—

(I)   Makes Or Manufactures Any Goods Or Part Thereof; Or

(Ii)   Does Not Make Or Manufacture Any Goods But Assembles Parts Thereof Made Or Manufactured By Others; Or

(Iii) Puts Or Causes To Be Put His Own Mark On Any Goods Made Or Manufactured By Any Other Manufacturer; 

Person: S.2 (m):- A Firm Whether Registered Or Not;

A Hindu Undivided Family

A Co-operative Society

Every Other Association Of

Persons Whether Registered Under The Societies Registration

Act, 1860

SERVICE:S.2(1)

Service Of Any Description Which Is Made Avail able To Potential Users And Includes, But Not Limited To, The Provision Of  Facilities In Connection With Banking, Financing Insurance, Transport, Processing, Supply Of Electrical Or Other Energy, Board Or Lodging Or Both, Housing Construction, Entertainment, Amusement Or The Purveying Of News Or Other Information, But Does Not Include The Rendering Of Any Service Free Of Charge Or Under A Contract Of Personal Service;

UNFAIR TRADE PRACTICE:S.2 A Trade Practice Which, For The Purpose Of Promoting The Sale, Use Or Supply Of Any Goods Or For The Provision Of Any Service, Adopts Any Unfair Method Or Unfair Or Deceptive Practice Including Any Of The Following Practices, Namely;—

(1)   The Practice Of Making Any Statement, Whether Orally Or In Writing Or By Visible Representation Which,—

(I)   Falsely Represents That The Goods Are Of A Particular Standard, Quality, Quantity, Grade, Composition, Style Or Model;

(Ii)  Falsely Represents That The Services Are Of A Particular Standard, Quality Or Grade;

(Iii)  Falsely Represents Any Re-built, Second-hand, Reno vated, Reconditioned Or Old Goods As New Goods;

(Iv)  Represents That The Goods Or Services Have Sponsor ship, Approval, Performance, Characteristics, Accesso ries, Uses Or Benefits Which Such Goods Or Services Do Not Have;

(V)   Represents That The Seller Or The Supplier Has A Spon sorship Or Approval Or Affiliation Which Such Seller Or Supplier Does Not Have;

(Vi)  Makes A False Or Misleading Representation Concern ing The Need For, Or The Usefulness Of, Any Goods Or Services;

(Vii) Gives To The Public Any Warranty Or Guarantee Of The Performance, Efficacy Or Length Of Life Of A Product Or Of Any Goods That Is Not Based On An Adequate Or Proper Test

Council:-

District Council:-

The State Consumer Protection Councils:-

The Central Consumer Protection Council:-

Redressed Agencies under the Consumer Protection Act, 1986 and Their Jurisdiction:-

District Consumer Protection Redressal Agency or District Commission:

State Consumer Protection Redresses Agency Or State Commission:-

National Consumer Protection Redressal Agency Or National Commission:-

THANK YOU