ble research assignment (mr. anil)

7/29/2019 BLE Research Assignment (MR. Anil)

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INTERNAL RESEARCH ASSIGNMENT

Name Of The Candidate: Neha Goel

Enrollment No. : 07980303912

Course: MBA- 1st SEM, 2nd SHIFT

Batch: 2012-2014

Subject: Business and Legal Environment

Subject Code: MS-107

Topic Of Assignment: Consumer Protection Act.

Subject Teachers Name: Mr. Anil Goyal


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RESEARCH ASSIGNMENT

OF

BUSINESS AND LEGALENVIRONMENT

Submitted by : Neha Goel

Enrollment number : 07980303912

2012-2014Submitted to Mr. Anil Goyal


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Problem:

One of your friends has recently bought a washing machine from the market by paying

Rs.15,000. After using a day or two he found some mechanical problem in the machine.

Immediately he informed the dealer but the dealer did not respond to repair or replace the

machine. Now he wants to lodge a complaint in a consumer court. Which consumer court

should he go and why? Also state any three possible reliefs the court may order in favor of

your friend.

Solution :

Rise of Consumer Awareness

In India the concept of consumer awareness is not new. References to the protection of consumers

interest against exploitation by trade and industry, underweight and its measurement, adulteration and

punishment for these offences were made in Kautilyas Arthashastra. However organized and

systematic movement safeguarded the interest of consumers is a recent phenomenon. This developed

in late 1980s with the growing liberalization of the economy.

When the Government withdrew itself from production activities and allowed private sector to take

over, it was felt that there is a greater need to enforce discipline and regulation in the market. The

consumers have to be aware not only of the commercial aspects of the sale and purchase of goods but

also of the health and security aspects. Food has become an important element of the consumer

awareness these days. In case of food products its quality depends not only on its nutritional value but

also on its safety for human consumption.

. In India the Government has taken many steps including legislative to protect consumers. Consumer

education is an important part of this process and is a basic consumer right that must be introduced at

the school level. Consumers by definition include all citizens who are by and large the biggest group

who are affected by almost all Government, public or private decisions. The most important step in

consumer education is awareness of consumer rights.


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Consumer

Any person who buys 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 person who uses such goods with the

approval of the buyer. It does not include a person who buys goods for resale or for any commercial

purpose.

OR

Any person who hires or avails any services for a consideration which had been paid or promised or partly

paid and partly promised , or under any system of deferred payment , and includes any person who is a

beneficiary of such services with the approval of the hirer . It does not include a person who avails of such

services for any commercial purpose.

For the purpose of this definition commercial purposes does not include use by a consumer of goods

bought and used by him exclusively for the purpose of earning his livelihood by means of self

employment.

Consumer Protection Act, 1986

The consumer protection Act, 1986 is one of the benevolent pieces of legislation intended to protect a large

body of consumers from exploitation. It aims to protect the interests of consumers by recognising them in

the form of rights. The various rights of consumers recognised under the Act which are to be promoted and

protected by the Consumers Protection Council are as follows:

Right to safety: To be protected against the sale of goods and services which are spurious or

hazardous to life and property

Right to be information : To be informed about the quality , quantity , weight and the price

of goods or services being paid for , so that they are not cheated by unfair trade practices

Right to choose: To be assured , whenever possible , access to a variety of goods and services

at a competitive price.

Right to be heard: To be heard and to be assured that their interest will receive due

consideration at appropriate forums.
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Right to Redressal against exploitation: To seek legal redressal against unfair or

restrictive trade practices or exploitation.

Right to consumer education: To have access to consumer education. Unless the

consumers are aware of their rights and remedies, protection to their interest shall remain a myth.

Right to healthy and sustainable environment: Consumers have the right to live and

work in an environment which does not threaten their health and life and which does not pose

any danger to present and future generations.

Objective of the Act

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.

Definitions of Consumer Protection Act, 1986

Complainant means: -

1. a consumer, or

2. any voluntary consumer association registered under the companies act,1956 or under any other

law for the time being in force, or

3. the Central Government or any State Government , who or which makes a complaint ,or
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4. one or more consumers where there are numerous consumers having the same interest

Complaint means any allegation in writing made by a complainant that: -

1. an unfair trade practice or a restricted trade practice has been adopted by any trader

2. the goods bought by him or agreed to be bought by him suffer from one more defects

3. the services hired or availed of or agreed to be hired or availed of by him suffer from

deficiency in any respect,

4. The trader has charged for the goods mentioned in the complaint a price excess of the price

fixed by or under any law for the time being in force or displayed on the goods or any

package containing such goods.

5. goods which will be hazardous to life and safety when used, are being offered to the sale in

public in contravention of the provisions of any law for the time being in force, requiring

traders to display information in regard to the contents , manner or effect of use of such

goods, with a view to obtaining any relief provided by law under the CPA.

Procedure of Filing Complaint

Who can file a complaint?

A consumer.

Any registered voluntary consumer organization.

The Central or State Government.

One or more consumers on behalf of numerous consumers who are having the same

interest.

When a complaint can be filed?

A complaint can be filed in writing if: -

Consumer has suffered loss or damage as a result of any unfair trade practice.

The goods purchased suffer from any defect.

The trader has charged a price in excess of the price displayed or fixed by any law for

the time being in force;

The goods hazardous to life and safety are being offered for sale to public;

The services hired or availed of suffer from any deficiency,


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Where a complaint can be filed?

If the cost of goods and services and compensation asked for is:

Up to Rs. 20 lakhs District Forum

More than 20 lakhs till one crore State Commission

More than one crore National Commission

The complaint/reply should be supported with affidavit of party and witnesses, if any and the

complaint may be filed within two years from the date on which cause of action arises.

DISTRICT FORUMS: Each District Forums consists of

1. a person who is, or has been, or is qualified to be a district judge, who shall be its President

2. two other members, one of whom shall be a women, who shall have the following qualifications

namely:

a. be not less than 35 years of the age

b. possess a bachelors degree from a Recognized university

c. be persons of the ability, integrity, standing and having knowledge and experience of

atleast 10 yrs in dealing with problems relating to economics, law, commerce,

accountancy, public affairs.

JURISDICTION OF DISTRICT FORUMS Pecuniary jurisdiction:

Consumer Protection Act deals with pecuniary jurisdiction. Here, District Forum has the jurisdiction to

entertain complaints where the value of the goods or services and the compensation if there is claimed does

not exceed amount of Rs.20 lakhs. It depends upon the amount of relief claimed and not upon the value of

the subject-matter, nor upon the relief allowed by the Forum.

Territorial jurisdiction

It provides that a complaint shall be instituted in a District Forum within the local limits of whose

jurisdiction:-

a. The opposite party or each of the opposite parties at the time of institution of the complaint actually

and voluntarily resides, carries on business, has a branch office or personally works for gain.


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b. Where there are more than one opposite parties, any of the opposite parties at the time of institution

of the complaint actually and voluntarily resides, carries on business, has a branch office or

personally works for gain.

c. The place where the cause of action, wholly or in part, arises

Duties of a Consumer

Insist on bills or receipts without fail, on all the purchases made.

Read information on packets carefully before purchase.

Do not feel tempted on misleading advertisements.

Buy standardized products only i.e. which are marked.

File consumer complaints against defaults in goods or deficiency in services, or unfair

trade practices.

Precautions for Consumers

1. Purchase only when you need and do not purchase in a hurry.2. Do not buy blindly. Demand full information before you buy.3. Beware of false and misleading advertisements.4. Do not compromise on the quality of goods and services.5. Do not forget to obtain proper receipt or cash memo. Always obtain the guarantee/

warrantee card duly stamped and signed by the shopkeeper, wherever necessary. These

can be helpful in consumer courts.

Publicity Measures

The Department of Consumer Affairs has been provided with an annual budget of Rs. 3.10 crores

during 10th plan period. Out of this meager budget available, the department has been taking a number

of steps to strengthen consumer movement in the country involving the State Governments, voluntary

consumer organizations, consumer activists, etc. Some of the important measures taken by the Central

Government during the year 2004-05 to generate consumer awareness, are given as under;-


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CERTIFICATION SYSTEM

The BIS product certification scheme is essentially voluntary in nature, and is largely based on ISO

Guide 28, which provides general rules for third party certification system of determining conformity

with product standards through initial testing and assessment of a factory quality management system

and its acceptance followed by surveillance that takes into account the factory Quality management

system and the testing of the samples from the factory and the open market. All BIS certification is

carried out on Indian Standards, which have been found amenable to product certification. A sizeable

number of Indian Standards have however, been harmonized with ISO/IEC Standards and some are

dual numbered as IS/ISO or IS/IEC Standards.

A large number of operational elements of the BIS product certification scheme correspond with the

requirements of ISO Guide 65.

Types of Licensing

Although, the scheme itself offers voluntary licensing, the Government of India, on considerations of

public health and safety, and mass consumption has enforced mandatory certification on various

products through Orders issued from time to time under various Acts. While the Bureau continues to

grant licenses only on application, the enforcement of compulsory certification is done by the notified

authorities. Given later in this document is a list of items brought under mandatory certification,

together with the corresponding Indian Standards Number, and the authorities responsible for

enforcing the orders.

Operational Areas

The BIS Product Certification Scheme is open to manufacturers in all countries without discrimination.

While a license can be granted for any Indian Standards specifying product characteristics, which is

amenable to certification, the broad areas of technologies now under certification are:

Textiles


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Chemicals and Pesticides

Rubber and Plastic products

Cement and Concrete Products

Basic metals and fabricated metal products

Machinery and equipment

Electrical, electronics and optical equipments

Automotive components

Agriculture, food, beverages and tobaccos

Leather products

Wood products

Paper and pulp products

Testing instruments

Building material

Pumping, irrigation, drainage and sewage equipment

Basic & Production Engineering

Civil Engineering

Electronics and Information technology

Electro technical

Food and Agriculture

Mechanical Engineering

Management and Systems

Medical Equipment and Hospital Planning

Metallurgical Engineering

Petroleum Coal and Related Products

Transport Engineering

Textile

Water Resources

HALLMARKING

The scheme in the interest of the consumer and the Government, the Bureau of Indian Standard

(BIS) has launched the BIS scheme for Hallmarking gold jewellery. The scheme has been introduced

on a voluntary basis under the BIS Act 1986. BIS-recognized assaying and hallmarking centres will

certify purity of gold jewellery in accordance with the India Standard ISO: 1417 grades of gold and

alloys, which is equivalent to the international standard. Jewelers certified by the BIS will have thelicence to get their jewellery assayed and hallmarked by any BIS-recognized assaying and

hallmarking centre.


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