consumer rights in india

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CONSUMER RIGHTS IN INDIA

SUCHITRA BAI

Altacit Global



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

INTRODUCTION

• Consumer right is defined as 'the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices'



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

TYPES OF CONSUMER RIGHTS

a. The right to be protected from all types of hazardous goods and services.

b. The right to be fully informed about the performance and quality of all goods and services.

c. The right to free choice of goods and services.

d. The right to be heard in all decision-making processes related to consumer interests.

e. The right to seek redressal, whenever consumer rights have been infringed.

f. The right to complete consumer education.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CAVEAT EMPTOR RULE

Age-old principle of law where buyers in commercial transactions are “to beware” ie. the onus lies upon them to ascertain the sanctity of the product. This rule has, over the years, become subject to disclosure requirements imposed on sellers, as well as to any other warranties / guarantees the seller may provide.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

WHO IS A CONSUMER?

• For the purpose of the Consumer Protection Act, the word "Consumer" has been defined separately for "goods" and "services". (A) For the purpose of "goods", a consumer means a person belonging to the following categories: One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment;



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Contd…

• (B) For the purpose of "services", a "consumer" means a person belonging to the following categories:

• One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.

• It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

GROUNDS FOR FILING COMPLAINT

• A complaint for infringement of consumer rights could be made under the following circumstances in the nearest designated consumer court:

a. The goods or services bought by a person or agreed to be bought by a person suffer from one or more deficiencies or defects in any respect.

b. A trader or a service provider resorting to restrictive or unfair trade practices.

c. A trader or a service provider charging a price in excess of the price displayed on the goods or the price that had been agreed upon between the parties or the price that had been stipulated under any law in forced. Goods or services that pose a hazard to the safety and life of a person offered for sale, knowingly or unknowingly, causing injury to health, safety or life.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

RELIEF AVAILABLE TO CONSUMER

• Depending on the facts and circumstances, the Redressal Forums may give order for one or more of the following relief.

• Removal of defects from the goods,

• Replacement of the goods;

• Refund of the price paid;

• Award of compensation for the loss or injury suffered;

• Removal of defects or deficiencies in the services;

• Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them;



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CONSUMER PROTECTION ACT, 1986

• An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

EXTENT AND COVERAGE OF CONSUMER PROTECTION ACT

• The Act applies to all goods and services unless specifically exempted by the Central Government.

• It covers all the sectors whether private, public or cooperative.

• The provisions of the Act are compensatory in nature.

• The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.

• The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

STRUCTURE OF CONSUMER PROTECTION ACT

• The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels.

• National Consumer Disputes Redressal Commission - known as "National Commission" deals with complaints involving costs and compensation higher than Rs. 20 lakhs.

• State Consumer Disputes Redressal Commissions - known as "State Commission.

• District Consumer Disputes Redressal Forums - known as "District Forum.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

JURISDICTION

• If the cost of goods or services and compensation asked for is up to rupees five lakh ,then the complaint can be filed in the District Forum which has been notified by the State Government for the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located.

• If the cost of goods or services and compensation asked for is more than rupees five lakh , but less than rupees Twenty lakhs then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.

• If the cost of goods or services and compensation asked for exceed rupees Twenty lakh then the complaint can be filed before the National Commission at New Delhi.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU

consumer rights in india

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