Download - NEED FOR CONSUMER PROTECTION ACT IN AN ERA OF FREE COMPETITION WHERE ‘CONSUMER IS A KING’
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NEED FOR CONSUMER PROTECTION ACT IN AN
ERA OF FREE COMPETITION WHERE ‘CONSUMER IS A KING’
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Introduction
To provide Consumer is..• Most powerful motivation force• Equally liable to penaltiesApplicable toExcludes
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Need for Consumer Protection Act
• Illiteracy and Ignorance• Unorganized Consumers• Spurious Goods• Deceptive Advertising• Malpractices of Businessmen• Freedom of Enterprise• Legitimacy for Existence• Trusteeship
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Purpose and Objectives
• To protect the basic rights of a consumer
• Not to provide a loophole and excuses
• Educating the consumer Regarding their rights To propagate awareness about the
act and the ethical practices
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Salient features of CPAThe Act applies to all goods and services
unless specially exempted by Union Government
It covers all sectorsProvisions of the Act are compensatory in
nature It envisages establishment of consumer
protection councilsProvisions of this act are in addition to and not
in derogation of the provisions of any other act.
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Definitions
• Complainant• Complaint• Consumer• Consumer dispute• Defect• Deficiency• Goods• Manufacturer• Service• Trader
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What is Free Market ?
• Eg: Brazil, Kenya, India, United Kingdom, Nicaragua
and Peru among others.
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Why is Consumer the King in a Free Market?• Freedom of choice Example- 1.online shopping 2.Ford
model T• Rational decisions example- 1.Return on investment,
Technological evaluation, Business Expansion 2. Sportswear
• large number of firms- homogenous product.
Example- 1.Pepsi and Coke 2.Smartphone Companies
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Why is Consumer the King in a Free Market?• Easy entry and exit (low “barriers to entry”) Example-1. Telecommunications, energy2. Consulting, education3. Hotels, ironworks4. Retail, electronic commerce• The actions of an individual firm have little
to no effect on market price. Example- 1.Nokia
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Other ActsTHE SALE OF GOODS ACT, 1930
It came into force on 1st July 1930. Excludes State of Jammu & Kashmir.Contract of sale (Section5)• A contract of sale is made by an offer to buy
or sell goods for a price and the acceptance of such offer
• a contract of sale • may be made in writing or• by word of mouth or• or partly in writing and partly by word of mouth • Eg:- customer and salesperson
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THE ESSENTIAL COMMODITIES ACT 1955
“Essential commodity" means any of the following classes of commodities :-
(1) cattle fodder, including oilcakes and other concentrates;
(2) coal, including coke and other derivatives;(3) component parts and accessories of automobiles;(4) cotton and woolen textiles;(4.A) drugs.
This act provides, in the interest of the general public, for the control of the production, supply of distribution of, and trade and commerce in certain commodities.
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Case Studies• Don't eat onions, prices will dip
• Fruits and veggies no longer taxable(Assam)
Supreme courtPetitioner
Vishnu Pratap Singh Langawat
Agricultural Produce
Marketing Committee Act,
1972
State government
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THE PREVENTION OF FOOD ADULTERATION ACT 1995• The Act came into effect from 1st June, 1955.• Food being one of the essentials – proper health• The main objective was to protect the public from
poisonous and harmful foods• Access to pure, nutritious food, free from any type
of adulteration – right of every citizen• Case Study
Amul fined ₹5000 for selling with wrong info
Kaira District Co-operative Milk
Producers'
Markets under Amul
1 yr Imprisonment to
Ashok Patel
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THE STANDARDS OF WEIGHTS AND MEASURES ACT 1976
Aims at introducing standards in relation to weights and measures used in trade and commerce.
Objectives– Establish standards of weights and measures.– Regulate inter-state trade or commerceManufacture/sale/distributionPenal provisions• A fine of ₹500/- to ₹1000• And imprisonment up to seven yearsEg:-Bisleri(1 ltr and 800 ml)
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CONSUMER RIGHTS
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• Right to safety
• Right to be choose
• Right to be heard
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• Right to be informed
Customer care number for any complaints on quality of the product
Nutritional facts about the products
Packaging and expiry date is mentioned & also the price
Standard followed- bar code (right to safety)
Standard weight is mentioned
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• Right to seek redresssal • Right to consumer education
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Right To Information
• OBJECTIVES OF THE ACT Greater Transparency . Informed Citizenry for promotion. Improvement in Accountability and performance Reduction in Corruption
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SECTION 6 : REQUEST FOR INFORMATION :
Steps: Make a request • In writing or• Through electronic means• In English/Hindi/regional language
SECTION 8 : INFORMATION THAT CANNOT BE GIVEN
There shall be no obligation to give any citizen Information:-
• disclosure of which would affect the sovereignty and integrity of India.
• which is forbidden to be published by any court of law or tribunal.• the disclosure of which would cause a breach of privilege of
parliament or the state legislature.• received in confidence from foreign government
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SECTION 20 –PENALTY FOR REFUSAL ON INVALID GROUNDS
The central or state commission:- Penalty of ₹250 is imposed each day till
application is received Total amount shall not exceed ₹25000 Recommend for disciplinary action against1. The central public information officer or 2. The state public information officer As the case may be, under the service rules
applicable to him.
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Success Stories – RTI ACT • Hospital Authority fined
25K under RTI (1) – Mumbai
• Corruption in passport office –New Delhi
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Consumer Protection Councils • The Act postulates establishment of
Consumer Protection Councils for the purpose of spreading consumer awareness.
• Central level- central consumer protection council & State level- state consumer protection council.
• To promote and protect all the rights mentioned above of consumers.
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3-Tier Redresssal Agency
The aims and objectives of the Act are achieved by the constitution and creation of 3-tier judicial machinery depending upon the amount of loss involved District Forum
State Commission
National Consumer Disputes redressal Commission.
NATIONAL COMMISSION
STATE COMMISSION
DISTRICT FORUM
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Statistical Data
SI. No.
Name of Agency
Cases filed since inception
Cases disposed of since inception
Cases Pending
%of total Disposal Remarks
1. National Commission
78471 68241 10230 86.96%
2. State Commissions
589771 495717 94054 84.05%
3. District Forums
3205530 2960263 245267 92.35%
TOTAL 3873772 3524221 349551 90.98%
Total Number of Consumer Complaints Filed / Disposed since inception Under Consumer Protection Law (as on 04.12.2012)
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Consumer Responsibilities • Buying quality products at rea sonable
price.• To check the weights and meas ures
before making purchases.• Reading the label carefully.• Beware of false and attractive
advertisements.• Beware of misleading schemes.
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Consumer Responsibilities • To procure the bill, cash received
warranty, etc.• Buying from reputed shops• Don't make purchases from black
market• To buy standardized product• To use a product as per the instruction
of the manufacturer• Knowledge of consumer rights
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DIGITAL EXPOSURE FOR CONSUMER
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http://www.jagograhakjago.in/
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Login Form for http://www.jagograhakjago.in/
File your complaints
Toll Free No. - 1800-
180-4566
http
://www.consumerco
mplaints.in
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Brand Power advertisement of a health drink for kids (Cadbury’s Bournvita)
Brand Power advertisement ofLivon Hair Gain Tonic
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Comparative Analysis
• Background of Consumer protection Act • The Purpose of the Consumer Protection Act• Who does the Consumer Protection Act Affect?• What are the Consumer Rights in Terms of the
Consumer Protection Act?• Key Points of the Consumer Protection Act• Mechanisms of the Consumer Protection Act
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Background
• Came into effect on 1april 2011
• Promote fairness, openness and good business practices
• Supports and strengthens consumer R&R
• Excludes all agreements before 1 april 2011
• Came into effect on 24december 1986
To provide • For better protection• For that purpose to make
provisions • For the settlement of
consumer’s disputes.• Excludes goods and services
under personal service or for resale
SOUTH AFRICA INDIA
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Purpose
• Creating A legal framework for consumers
• Reducing the difficulties of consumers
• Protecting consumers from unfair trade practices;
• Encouraging responsible consumer behaviour
• To protect the basic rights of A consumer
• Prevent consumers from getting exploited
• Provide more accessible protection for consumers
• Provide A less formal, less expensive and faster way to seek justice
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Who does the Consumer Protection Act Affect?Consumer• An individual to whom
goods or services are marketed
Supplier• A business or other
organisation that operates in South Africa as a supplier of goods or services is called a supplier
• Consumer• Manufacturer• Trader
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Consumer Rights• Right to Equality in the Consumer
Market and Protection against Discriminatory Marketing Practices
• Right to Privacy• Right to Choose• Right to Disclosure of Information• Right to Fair and Responsible
Marketing• Right to Fair and Honest Dealing• Right to Fair, Just and Reasonable
Terms and Conditions• Right to Fair Value, Good Quality and
Safety• Right to Accountability from Suppliers
• Right to be protected from all hazardous goods & services
• Right to be fully informed about the performance and quality of all goods and services
• Right to free choice of goods and services
• Right to be heard in all decision-making processes related to consumer interests
• Right to complete consumer education
• Right to seek redressal, whenever consumer rights have been infringed
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Key Points of the Consumer Protection Act
• Language• Marketing Standards• Cooling-off periods• Fixed-Term Contracts• Overselling and
Overbooking• Implied Warranty of
Quality• Prepaid Certificates,
Credits and Vouchers
• Speedy redressal • Involvement of
consumers• Goods and Services• Exemption• Provisions • Complaint
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Mechanisms of the Consumer Protection Act
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Case Study
• Company :- Sony Ericson
• Consumer:- Rutu Ladage
• Problem Consumer Right Compensation
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QUESTIONS YES NO
Q1. Do you examine the expiry date the food items and medicines when you buy them?
30 -
Q2. Have you ever cross checked the weights of the products mentioned on the item?
6 24
Q3. Do you check the M.R.P.(Maximum Retail Prices) before buying the products?
30 -
Q4. Have you ever come across adulteration in?
i) Food stuff 6 24
ii) Milk 9 21
Q5. Have you ever been cheated in regards to a product/service offered to you?
7 23
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Q6. If yes, did you complain to?
Shop-keeper;
21
Main Sup-
plier; 2Din't Complain; 1.2
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QUESTIONS YES NO
Q7. Was your complaint to the supplier/shopkeeper attended by him to your satisfaction?
28 2
Q8. Are you aware of consumer courts, for redressal of grievances of consumers?
30 -
Q9. Are you aware of the procedure to file a case in the consumer courts? 12 18
Q10. If yes, have you ever filed a case in the consumer court? 2 28
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CONCLUSIONSo is the consumer really the
?????
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Recommendations
• Providing Consumer Education• Adulteration • Building Pressure On
Government• Arranging Consumer Protection
Programmes or Organising Public Opinion
• Providing Guidance To Consumer • Misleading advertisement
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Bibliography• http://www.ummid.com/news/2014/January/
10.01.2014/sc-on-onion-price.html#sthash.natkhtap.dpuf
• http://www.medindia.net/indian_health_act/consumer_protection_act_and_medical_profession_consumer_disputes_redressal_agencies.htm#ixzz2s4jBl9QE
• http://indiankanoon.in/doc/1819218/ • http://pib.nic.in/newsite/erelease.aspx?relid=79338 • http://dc-siwan.bih.nic.in/Consumer_Act.pdf• Consumer Protection » Center for Finance, Law &
Policy | Boston University• http://nvonews.com/2011/01/19/%E2%80%98jago-
grahak-jago%E2%80%99-%E2%80%93-an-initiative-towards-consumer-education-and-awareness/