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1. 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 .
2. 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
3. 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 .
4. 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.
5. 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.
6. 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
7. 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
8. Consumer protection: amount of
fee TOTAL VALUE OF GOODS CLAIMED
S.NO.
AND THE COMPENSATION
OR SERVICES AMOUNT OF
FEE
DISTRICT FORUM
1. -Upto one lakh rupees-for complaints who are NIL
under below poverty line.
2. -Upto one lakh rupees-other than antodaya 100
anna yojana card holders.
3. -Above one lakh and upto five lakh rupees 200
4. -Above five lakh and upto ten lakh rupees 400
5. -Above ten lakh and upto twenty lakh rupees 500
STATE COMMISSION
6. - Above twenty lakh and upto fifty lakh 2000
rupees
7. - Above fifty lakh and upto one crore rupees 4000
NATIONALCOMMISION
8. - Above one core rupees 5000
9. 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.
10. 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.
11. 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.