PRESENTATION ON CONSUMER PROTECTION ACT,1986

Presented by: Debasish Nayak Roll No:10KB014

INTRODUCTION
The Consumer protection Act,1986 is a milestone in the hostory of socio-economic legislation in India. It is one of the most progressive and comprehensive regulations formulated to safegaurd the interest of consumers in the country. The Act attempts to give consumers complete protection.

 It is from malpractices of manufactures, producers, suppliers, wholesalers, and retailers. The provisions of the Act came into force in 1987. The Act extends to the whole of India except the state of Jammu and Kashmir.

 Furthermore, to make the consumer protection Act more functional and purposeful, a comprehensive amendment was made in December 2002 and brought into force on 15 March 2003. The Government of India has declared 24 December as National Consumer Day .

 As it was on that day then President of India had given his assent to the enactment of this historic Act. Besides this, 15 March is observed as World Consumer Rights Day

FEATURES OF THE ACT

The Act applies to all goods and services unless specifically exempted by the central government. It also covers all sectors- Private, Public and Cooperative. The provisions of the Act are chiefly compensatory in nature.

 It seeks to confer upon the consumers the following six rights (i) Right to safety (ii) Right to be informed (iii) Right to choose (iv) Right to be heard (v) Right to seek Redressal (vi)Right to Consumer Education. The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objective will be to promote and protect the rights of consumers. Engagement of an advocate is not mandatory to file a complaint under the Consumer Protection Act.

AIMS AND OBJECTIVES OF THE ACT

The Act is designed to provide simple, speedy and inexpensive redressal to the consumers grievances, and relief of a specific nature and award of compensation wherever appropriate to the consumer.

CONSUMER RIGHTS
Consumer interest in the market is the focus, or the art of enlightened marketing mix. Business and consumerism both aim at the protection of consumer interestbusiness through self-regulation and consumerism through self-help.

Right to Safety
It is the right of the consumer to be protected against the marketing of goods and services by unscrupulous sellers, which are potentially hazardous to life and property. The goods purchased and services availed of should not only meet their immediate needs, but also fulfill long term interests.

Right to be informed
It refers to the entitlement of the consumer to be informed about the quality, quantity, potency, purity,standard and price of goods so as to protect the buyer against unfair trade practices. A consumer should insist on getting all the information about the product or service before making a choice or a decision.

Right to choose
It is the right of the consumer to be assured , as far as possible, of access to a variety of goods and services at competitive price. In case of monopolies, it implies the right to be assured of satisfactory quality and service at a fair and reasonable price.

Right to be heard
This implies that consumers interests will receive due consideration at appropriate fora. It also includes the consumers liberty to be represented in various fora constituted for consumer welfare.

Right to seek redressal

This refers to the privilege of the consumer to seek compensation against unfair trade practices. It also includes the right to fair settlement of genuine grievances of the consumers. Consumers can also take the help of consumer organizations in seeking redressal of their grievances.

Right to consumer education

This refers to the entitlement of the consumer to acquire the knowledge and skill to be an informed buyer throughout his/her life. Ignorance of consumer, particularly of rural folk, is the main cause of their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achived.

United Indian insurance company limited,ludhiana Vs Surinder Nath [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, 25 Mar 2011]
Consumer Protection Insurance - Consumer Protection Act, 1986 - Medi-Claim - Repudiation of claim Challenged - Complainant (Respondent) purchased a medi-claim insurance policy from the petitioner (Insurance Company) - Complainant was injured as a result an artificial hip was implanted - Complainant submitted a medi-claim to the petitioner who rejected said claim - Complainant filed complaint against petitioner before District Forum seeking direction to the petitioner to pay medical claim bill of Rs.80,000/- and damages to the tune of Rs.3 lakh totaling Rs.3,80,000/along with interest @ 18% p.a - District Forum partly allowed said complaint and directed petitioner to pay a

sum of Rs. 50,300/- to the complainant - State Commission dismissed appeal filed against said order - Petitioner filed petition against said order submitting that the bill submitted by the complainant was found to be bogus and it was confirmed by the Company that it never supplied artificial hip and received no amount in this regard - Whether order of the District Forum as affirmed by the State Commission could be upheld? - Held, the performa invoice on the basis of which the claim in respect of the purchase of artificial hip had been accepted by the for a below was not a proper bill for the sale of the item nor can it be regarded as a cash memo It did not indicate that the item was actually supplied by the firm r paid for by the complainant.

Hence, fora below erred in accepting the claim of the complainant in respect of proforma invoice and the same would have to be excluded from the total claim of Rs.50,300/- allowed by the fora below - Impugned order was modified - Revision petition partly allowed.

THANK YOU