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TRANSCRIPT
Consumer :meaning
Acc. To section 2(d) of consumer protection act,1986, ‘consumer’ means any person who:
i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised
ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised .
Consumer protection: government legislation These include: Consumer Protection Act,1986 agriculture produce Act,1937 The Essential Commodities Act,1955 The Weights And Measures Act ,1958 The Drugs and Cosmetics Act ,1940 Monopolies and Restrictive Trade
Practices Act,1969
Consumer protection act,1986
This act was enacted by Indian parliament in December 1986. this was implemented on 15th april,1987. further in 1993 and 2002 many provisions were amended by act.
This act is implemented all over India except in Jammu and Kashmir .
Rights of consumers
Section 6 of the act enshrines the following rights of consumers:
The right to be protected against the marketing of goods and services which are hazardous to life & property.
The right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services
The right to be assured ,wherever possible ,access to a variety of goods and services at competitive prices.
The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums.
The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.
The right to consumer education.
Who can file a complaint
1) A Consumer 2) Any voluntary consumer organisation
registered under the societies registration act,1860
3) The Central Government 4) The State Government or Union
Territory Administration
What constitutes a complaint
If consumers have suffered loss as result of any unfair trade practices adopted by the trader.
If the goods purchased suffer from any defect
If the services hired of suffer from deficiencies in any respect
If consumers have been charged a price in excess of the price displayed or fixed
Consumer protection: amount of feeS.NO. TOTAL VALUE OF GOODS OR SERVICES
AND THE COMPENSATION CLAIMEDAMOUNT OF FEE
1.
2.
3.4.5.
DISTRICT FORUM-Upto one lakh rupees-for complaints who are under below poverty line.-Upto one lakh rupees-other than antodaya anna yojana card holders.-Above one lakh and upto five lakh rupees-Above five lakh and upto ten lakh rupees-Above ten lakh and upto twenty lakh rupees
NIL
100
200400500
STATE COMMISSION
6.
7.
- Above twenty lakh and upto fifty lakh rupees- Above fifty lakh and upto one crore rupees
2000
4000
NATIONALCOMMISION
8. - Above one core rupees 5000
How to file a complaint
The name , description and address of the complainants and the opposite party.
The facts relating to complaint and when and where it arose
Documents in support of allegations in the complaint
The relief which the complainant is seeking
The complaint should be signed by the complainant or his authorised agent.
Remedial actions To remove the defect pointed out To replace the goods with new goods of
similar description. To return to the complainant the price Not to offer the hazardous goods for sale To discontinue the unfair trade practice To withdraw the hazardous goods from
being offered for sale To provide for adequate costs to parties To remove the defects or deficiencies in the
services in question.
Suggestions leading to better consumer protection There should be more and more
awareness on the part of consumers. More and more NGO’s ,civil society
organisations should come forward The consumer should lodge a specific
complaint with supporting information The consumer should try to understand
the view-point of the seller before making a complaint.