Consumer Protection Act

Nikhil Hada

*Content* Defination of Consumer

Protection Act

*Importance of consumer rights

*Exploitation of Consumers

*Consumer Protection Act in E-Commerce

*Consumer Protection [..]

*Consumers Need Protection Against

*Kinds of consumer

*Consumer Rights

*Content

* Consumer rights are an integral part of our lives like the consumerist way of life. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of ones consumer rights. These rights are well defined and there are agencies like the Government, consumer courts and voluntary organizations that work towards safeguarding. While we like to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated and it is hard to spell out that all the responsibility is that a consumer is supposed to shoulder.

*Consumer Protection Act

* Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which protects the interests of consumers.

*Consumer Protection Act

*Importance of Consumer rights

*Importance of consumer rights

*1. Right against exploitation by unfair trade practices.

*2. Right to protection of health and safety from the goods and services the consumers buy or are offered free.

*3. Right to be informed of the quality and performance standards, ingredients of the product, operational requirements, freshness or the product, possible adverse side effects and other relevant facts concerning the product or service.

*4. Right to get genuine grievances redressed.

*5. Right to be heard if there is any grievance or suggestions.

*6. Right to choose the best from a variety of offers.

*7. Right to physical environment that will protect and enhance the quality of life.

*Importance of Consumer rights

*Exploitation of Consumers

*Consumers are, however, by and large, practically denied most of these rights. They are exploited by a large number of restrictive and unfair trade practices. A situation has developed in science is extensively applied to marketing to ruthlessly, exploit the consumers by stimulating the weak points and soft corners of their mind. Misleading, false or deceptive advertisements are quite common.

*Consumer Exploitation

*Exploitation of Consumers;

* Many a time the advertisements deliberately give only half truths so as to give a different impression than is the actual fact. Thus, advertisements may, be misleading because things that should be said have not been said, or, because advertisements are composed or purposefully presented in such a way as to mislead.

*Consumer Exploitation

*Consumer Protection Act in E-Commerce

*Introduction:

*E-commerce, the broad sense refers to all means of electronic technology with business-related activities, namely the electronic trade; narrow sense refers only to the Internet to conduct business activities. This new breakthrough in the traditional way of business time and space, completely changed the traditional business of trading patterns, greatly enhancing the efficiency of business activities.

*Consumer Protection Act in E-Commerce

*Abstract:

*E-commerce as an emerging market transactions way to bring huge economic benefits to society, to provide fast transaction supply and demand sides, but also to the existing consumer protection measures appeared to be inadequate, there has been such as consumer safety, information, options, fair trade rights, claims and other rights violations.

*Consumer Protection Act in E-Commerce

*Consumer Protection:

*For effective consumer protection, a practical response on the part of three parties, for example, the business, the government and the consumers, is essential.

*Consumer Protection

*Consumer Protection:

*Firstly, the business, comprising the producers and all the elements of the distribution channels, has to pay due regard to consumer rights. The producer has an inescapable responsibility to ensure efficiency in production and the quality of output. He should also resist the temptation to charge exorbitant prices in a seller’s market.

*Consumer Protection

*Consumer Protection:

Many a time, the imperfections on the supply side, like hoarding and black marketing, mercilessly gouge the consumer. Hence, a socially responsible producer should see to it that whatever is produced reaches the ultimate consumer in time and at reasonable prices.

*Consumer Protection

*Consumer Protection* Secondly, the Government has to

come to the rescue of the helpless consumer to prevent him from being mislead, duped, cheated and exploited. It should also take special care of the vulnerable sections. Governments should establish or maintain legal and/or administrative measures to enable or, as appropriate, relevant organizations to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Such procedures should take particular account of the needs of low-income consumers.

*Consumer Protection

*Consumer Protection:

* Thirdly, consumers should accept consumerism as a means of asserting and enjoying their rights. Consumerism should succeed in making the business and the government more responsive to the rights of the consumers. Consumerism is a social force to make the business more honest, efficient, responsive and responsible, and pressurize the government to adopt the necessary measures to protect consumer interests by guaranteeing their legitimate rights.

*Consumer Protection

*Consumers Need Protection Against:

*Unfair trade practice

*Restrictive trade practice

*Defects

*Deficiencies

*Consumer Rights

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*Consumer Protection*Unfair 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 when

it is not so).

*Charging above MRP printed.

*Misleading public about another’s goods or services.

*Falsely claiming a sponsorship, approval or affiliation.

*Offering misleading warranty or guarantee.

*Consumer Protection*Restrictive Trade Practice:

* Price fixing or output restraint re: delivery/flow of supplies to impose unjustified costs/restrictions on consumers.

*Collusive tendering; market fixing territorially among competing suppliers, depriving consumers of free choice, fair competition.

*Supplying only to particular distributors or on condition of sale only within a territory.

*Delaying in supplying goods/services leading to rise in price.

*Requiring a consumer to buy/hire any goods or services as a pre-condition for buying/hiring other goods or services.

*Consumer Protection*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 any contract 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 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 service.

Kinds of consumer under the act

Consumer of goods

Buys or agrees to buy goods

Any user of such goods

Consumer of service

Hires or avails any services

Any beneficiary of such services

*The Right to safety

*It refers to the right to be protected against products, production processes and services which are hazardous to health or life. It includes concern for consumers immediate and long term needs.

*Consumer Rights

*The right to be informed*Consumers have a right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so that they can make the right decision and protect themselves against malpractices.

*Consumer Rights

*The right of choice*The consumer has the right to be assured of a choice of various goods and services of satisfactory quality and competitive price. Right to representation (or right to be heard) It is a right and the responsibility of civil society to ensure consumer interest prevails while formulating and executing policies which affect the consumers, as well as right to be heard while developing or producing a product or service.

*Consumer Rights

*Right to seek redressal of a grievances.

*The consumer has the right go to court if he has been unscrupulously exploited against unfair or restrictive trade practices and receive compensation for supply of unsatisfactory or shoddy goods.

*Consumer Rights

*The right to consumer education*It is the right to acquire knowledge and skills to be an informed consumer because it is easier for the literate to know their rights and to take actions to influence factors that affect consumer’s decisions. The Union and State Governments have accepted the introduction of consumer education in school curriculum.

*Consumer Rights

*Right to basic needs*It is the right to receive the eight basic necessities that are required to survive and lead a dignified life. These eight basic necessities include food, clothing, shelter, health care, sanitation, education, energy and transportation.

*Consumer Rights

*Right to healthy environment*It is the right to be protected against environmental pollution and environmental degradation so as to enhance the quality of life of both the present and future generation.

*Consumer Rights

*Thank You For Your Attention !!!