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There are organisations such as Consumer Guidance Society of India, Mumbai and
Consumer Education and Research Centre, Ahmedabad.
These organisations are active in conducting product testing and exposing substandard
quality and adulteration. Outcome of consciousness regarding consumer rights has led
to ISI certification of food colors now being mandatory.
WHO IS A CONSUMER?
Consumer of goods
Consumer of services
Consumer Protection
"The purpose of any business is to create a customer. It is the customer who determines
what a business is. It is the customer and he alone, who, through being willing to pay for a
good or services, convert economic resources into wealth, things into goods. What a business
thinks it produces is not of first importance - especially not to the future of the business and
to its success. What the customer thinks he is buying - what he considers value, is decisive; it
determines what a business is, what it produces and whether it will prosper". (Peter F.
Drucker).
Consumer Protection
Business, comprising producers and all elements of distribution channels have to pay
due regard to consumer rights.
Consumer education;
Defects
Deficiencies
Misleading public about price (e.g. bargain price when it is not so).
DEFECTS
DEFICIENCY
Consumerism
Utility of Consumerism
Producers and sellers will not take the consumer for granted.
Help consumer and producer to get together and co-operate to get rid of unscrupulous
traders.
Consumer Rights
Right to protection of health and safety from goods and services that are available to
the consumer.
Right to be informed about the quality and performance standards, ingredients of the
products, possible adverse effects etc.
Right to a physical environment that will protect and enhance the quality of life.
Due to low literacy levels and unsatisfactory information flows, Indian consumers are
not conscious of their rights.
Government Measures
In India, the Government has taken a number of measures to protect consumer interests:
Statutory Regulation:
The Consumer Protection Act 1986 is a social welfare legislation which was enacted
as a result of widespread consumer protection movement. The main object of the
legislature in the enactment of this act is to provide for the better protection of the
interests of the consumer and to make provisions for establishment of consumer
councils and other authorities for settlement of consumer disputes and matter
therewith connected.
In order to promote and protect the rights and interests of consumers, quasi judicial
machinery is sought to be set up at district, state and central levels.
The main object of these bodies is to provide speedy and simple redressal to consumer
disputes. It is one of the benevolent pieces of legislation intended to protect the consumers at
large from exploitation.
The Act provides for the establishment of a Central Consumer Protection Council by
the Central Government and a State Consumer Protection Council in each State by the
respective State Governments.
Central Council shall consist of the Minister in charge of consumer affairs in the
Central Government who shall be its Chairman .
Objective of Council:
Right to be informed about the quality, quantity , purity, standard and price of
goods and services so as to protect the consumer against unfair trade practices.
Right to be assured access to a variety of goods at competitive prices.
Right to be heard and assured that consumers interests will receive due
consideration at appropriate forums.
The main objective of the Act (according to preamble to the Act) is to provide for better
protection of the interest of consumers. Consumer councils and other authorities have been
set up for settling the consumers' disputes and other matters. The objective of the Act of 1986
is as follows:
2. The Act provided that for speedy and simple redressal at minimum
expenses to consumer disputes, a quasi-judicial body is to be set up at the district,
state and central levels.
Consumers can appeal for jurisdiction to the consumer redressal forums upon any of the
five grounds:
f. REQUISTIES OF A COMPLAINT
e. Price
g. Nature of deception
A complaint in reference to any goods sold or delivered or services rendered may be filed
by any of the following:
a. By the consumer himself to whom such goods have been sold or delivered
or such service rendered;
c. One or more consumers, where there are numerous consumers having the
same interest;
If the firm is convinced that the goods were really defective or that the complaint about the
service is proved, the forum shall have to order any of the following things to be done by the
opposite party:
a. To remove the defect pointed out by the appropriate laboratory for the
goods in question.
b. To replace the goods with new goods of similar description that shall be free
form any defect.
c. To refund to the complainant the amount paid as price, or as the case may be,
the charges paid by the complainant.
f. To discontinue the unfair trade practice or the restrictive trade practice or not
to repeat it.
i. These councils work towards the promotion and protection of consumers. Consumer
councils are created to advise and assist the consumers in seeking and enforcing their
rights. We have consumer protection councils both at the center level and state level.
k. The Central government was authorised to establish the Central Council that has come
to existence w.e.f. April 15, 1987 through the framing of the (Central) Consumer
Protection Rules (1987).
m. Member of the councils are selected from various areas of consumer interest, who are
whenever possible, leading members of statewide organizations representing
segments of the consumer public, so as to establish a broadly-based representative
consumer council.
o. Under Section 7 of the Act, state governments are required to establish their
respective protection councils. The rules regarding its composition and other
modalities are to be established by the respective state government. The objectives of
the State Consumer Protection Council are described in Section 7 to be the same as
those of the Central Council, namely, the points enumerated in Section 6.
p. Working Groups
q. The Central government may constitute from amongst the members of the Council a
standing Working Group, under the Chairmanship of the Member Secretary of the
Council. The Standing Working Group shall consist of not more than 30 members and
shall meet when considered necessary by the Central government.
Consumer Disputes Redressal, Agencies Under the Consumer Protection Act, 1986
(CDRA)
Under this Act, Consumer Disputes Redressal Agencies have been established. The
Consumer Protection Act provides for a 3-tier approach in resolving consumer disputes.
These three tiers are:
District Forum
State Forum
National Forum
Jurisdiction
The question of has to be jurisdiction considered with reference to the value, place, and
nature of the subject matter:
District Forum: A District Forum deals with cases where the value of claim is upto Rs. 20
lakhs.
Territorial Jurisdiction: A case is supposed to fall within the purview of District Council
when, at the time of the institution of the complaint:
a. The party against whom the claim is made actually and voluntarily resides or
carries on business, or has a branch office or personally works for gain in that area,
or
b. Where there are more than one opposing or contesting parties , each such
party actually and voluntarily resides or carries on business or
c. Where there are more than one opposing or contesting parties, and any such party
actually and voluntarily resides or carries on business or has a branch office, or
personally works for gain in that area; provided the other parties not so residing or
working agrees.
e. State Commission
f. Cases having a claim exceeding rupees 20 lakhs but upto the limit of Rs. 1 crore can
go to the State Commission.
g. The Consumer Protection Act does not specifically provide for the territorial
jurisdiction of the State Commission. Broadly, these are on similar lines on which the
territorial jurisdiction of district forum is based.
h. National Commission
i. National Commission is the highest level of consumer forums. It may entertain all
matters where the value of claim exceeds Rs. 1 crore. The territorial jurisdiction of the
National Commission is whole of India except the state of Jammu & Kashmir.