Business law presentation on Consumer protection act
1. PRESENTATION OF BUSINESS LAW
TOPIC
CONSUMER PROTECTION ACT
• PRESENTED BY :- JISHAAN
• COURSE :- BBA
• DATE OF SUBMITTING:- 15-02-2024
• SUBMITTED TO :- DR. KAMLA BHAKUNI
2. CONSUMER PROTECTION ACT 1986
THE CONSUMER PROTECTION ACT OF 1986 IS AN INDIAN LAW
DESIGNED TO PROTECT THE INTERESTS OF CONSUMERS AND PROVIDE
THEM WITH SPEEDY AND INEXPENSIVE REDRESSAL OF GRIEVANCES. IT
ESTABLISHES CONSUMER COUNCILS AT THE NATIONAL, STATE, AND
DISTRICT LEVELS TO PROMOTE CONSUMER RIGHTS AND ENSURE FAIR
TRADE PRACTICES.
3. CONSUMER PROTECTION ACT 2019
• CONSUMER PROTECTION ACT, 2019 IS A LAW TO
PROTECT THE INTERESTS OF THE CONSUMERS.
THIS ACT PROVIDES SAFETY TO CONSUMERS
REGARDING DEFECTIVE PRODUCTS,
DISSATISFACTORY SERVICES, AND UNFAIR TRADE
PRACTICES.
• THE BASIC AIM OF THE CONSUMER PROTECTION
ACT, 2019 IS TO SAVE THE RIGHTS OF THE
CONSUMERS BY ESTABLISHING AUTHORITIES FOR
TIMELY AND EFFECTIVE ADMINISTRATION AND
SETTLEMENT OF CONSUMERS’ DISPUTES.
4. • CONSUMER:-
• IN THE CONSUMER PROTECTION ACT
2019, A CONSUMER IS DEFINED AS
ANY PERSON WHO BUYS ANY GOODS
OR AVAILS SERVICES FOR A
CONSIDERATION WHICH HAS BEEN
PAID OR PROMISED OR PARTLY PAID
AND PARTLY PROMISED, OR UNDER
ANY SYSTEM OF DEFERRED PAYMENT.
• A CONSUMER IS A PERSON OR A
GROUP WHO INTENDS TO ORDER, OR
USE PURCHASED GOODS, PRODUCTS,
OR SERVICES PRIMARILY FOR
PERSONAL, SOCIAL, FAMILY,
HOUSEHOLD AND SIMILAR NEEDS,
5. WHO CAN FILE A COMPLAINT:-
• A CONSUMER CAN FILE A COMPLAINT.
• THE STATE GOVERNMENT AND CENTRAL GOVERNMENT CAN FILE A
COMPLAINT.
• IF CONSUMER IS MINOR, HIS/HER PARENTS OR GUARDIANS AND LEGAL
GUIDANCE CAN FILE A COMPLAINT.
• IF A NUMBER OF CONSUMERS HAVE THE SAME INTERESTS, THEN MORE
THAN ONE CONSUMER CAN FILE A COMPLAINT.
6. KEY FEATURES OF CONSUMER PROTECTION ACT
2019
• 1. DEFINITION OF CONSUMER RIGHTS :-
• CLEARLY OUTLINES THE RIGHTS OF CONSUMERS, SUCH AS THE RIGHT TO BE
PROTECTED AGAINST MARKETING OF GOODS AND SERVICES THAT ARE
HAZARDOUS TO LIFE AND PROPERTY.
2. ESTABLISHMENT OF CENTRAL CONSUMER PROTECTION AUTHORITY (CCPA) :
INTRODUCES THE CCPA TO PROMOTE, PROTECT, AND ENFORCE THE RIGHTS OF
CONSUMERS. THE CCPA HAS THE POWER TO INVESTIGATE, RECALL UNSAFE
GOODS, AND IMPOSE PENALTIES ON VIOLATORS.
3. CONSUMER DISPUTE REDRESSAL COMMISSIONS :-
SETS UP CONSUMER DISPUTE REDRESSAL COMMISSIONS AT THE DISTRICT, STATE,
AND NATIONAL LEVELS TO PROVIDE SPEEDY RESOLUTION OF CONSUMER
DISPUTES.
7. 4. UNFAIR TRADE PRACTICES :-
PROHIBITS UNFAIR TRADE PRACTICES, SUCH AS FALSE REPRESENTATION,
MISLEADING ADVERTISEMENTS, AND DECEPTIVE PRACTICES.
5. E-COMMERCE REGULATIONS :-
IMPOSES OBLIGATIONS ON E-COMMERCE ENTITIES TO PROTECT CONSUMERS’
INTERESTS, INCLUDING DISCLOSURE OF INFORMATION, RETURN POLICIES, AND
GRIEVANCE REDRESSAL MECHANISMS
6. PRODUCT LIABILITY :-
INTRODUCES PROVISIONS FOR PRODUCT LIABILITY ACTION AGAINST A
MANUFACTURER, SERVICE PROVIDER, OR SELLER FOR ANY HARM CAUSED TO
CONSUMERS DUE TO DEFECTIVE GOODS OR DEFICIENT SERVICES.
9. 1. RIGHT TO SAFETY :-
CONSUMERS HAVE THE RIGHT TO BE PROTECTED AGAINST GOODS AND SERVICES
THAT ARE HAZARDOUS TO THEIR HEALTH OR SAFETY.
2. RIGHT TO INFORMATION :-
CONSUMERS HAVE THE RIGHT TO BE INFORMED ABOUT THE QUALITY, QUANTITY,
POTENCY, PURITY, STANDARD, AND PRICE OF GOODS OR SERVICES, TO ENABLE
THEM TO MAKE INFORMED DECISIONS.
3. RIGHT TO CHOICE :-
CONSUMERS HAVE THE RIGHT TO CHOOSE FROM A VARIETY OF GOODS AND
SERVICES AT COMPETITIVE PRICES, WITH THE ASSURANCE OF SATISFACTORY
QUALITY.
10. 4. RIGHT TO SEEK REDRESSAL :-
CONSUMERS HAVE THE RIGHT TO SEEK REDRESSAL AGAINST UNFAIR TRADE
PRACTICES OR EXPLOITATION, INCLUDING THE RIGHT TO COMPENSATION,
REPLACEMENT, OR REFUND FOR DEFECTIVE GOODS OR DEFICIENT SERVICES.
5. RIGHT TO CONSUMER EDUCATION :-
CONSUMERS HAVE THE RIGHT TO ACQUIRE KNOWLEDGE AND SKILLS TO MAKE
INFORMED CHOICES AND EFFECTIVELY PARTICIPATE IN THE MARKETPLACE.
6. RIGHT TO BE HEARD :-
THE RIGHT TO BE HEARD ASSURES THE CONSUMER’S INTERESTS WILL BE HEARD
AND CONSIDERED AT THE APPROPRIATE FORUM. THE CONSUMERS WILL HAVE
ADEQUATE MEANS TO RAISE THEIR ISSUES IN THE RELEVANT FORUM, AND THEIR
INTERESTS WILL BE CONSIDERED.
11. • RESPONSIBILITY TO BE AWARE – A CONSUMER HAS TO BE MINDFUL OF THE SAFETY
AND QUALITY OF PRODUCTS AND SERVICES BEFORE PURCHASING.
• RESPONSIBILITY TO THINK INDEPENDENTLY– CONSUMER SHOULD BE WELL
CONCERNED ABOUT WHAT THEY WANT AND NEED AND THEREFORE MAKE
INDEPENDENT CHOICES.
• RESPONSIBILITY TO SPEAK OUT- BUYER SHOULD BE FEARLESS TO SPEAK OUT THEIR
GRIEVANCES AND TELL TRADERS WHAT THEY EXACTLY WANT
• RESPONSIBILITY TO COMPLAIN- IT’S CONSUMER RESPONSIBILITY TO EXPRESS AND
FILE A COMPLAINT ABOUT THEIR DISSATISFACTION WITH GOODS OR SERVICES IN A
SINCERE AND FAIR MANNER.
• RESPONSIBILITY TO BE AN ETHICAL CONSUMER- THEY SHOULD BE FAIR AND NOT
ENGAGE THEMSELVES WITH ANY DECEPTIVE PRACTICE.
12. REDRESSAL AGENCIES OR THREE-TIER
GRIEVANCES MACHINERY UNDER THE
CONSUMER PROTECTION ACT 2019
13. 1. DISTRICT COMMISSION :-
A DISTRICT COMMISSION INCLUDES A PRESIDENT (WHO CAN BE A WORKING OR
RETIRED JUDGE OF THE DISTRICT COURT) AND TWO OTHER MEMBERS. THEY ARE
APPOINTED BY THE STATE GOVERNMENT. ONE CAN FILE A COMPLAINT FOR
GOODS AND SERVICES OF ₹1 CRORE OR LESS IN THIS AGENCY. FOR THE
COMPLAINTS FILED, IF THE DISTRICT COMMISSION FEELS A REQUIREMENT, IT
SENDS THE GOODS TO THE LABORATORY FOR TESTING AND GIVES ITS DECISION
BASED ON THE LABORATORY REPORT AND FACTS.
2. STATE COMMISSION :-
A STATE COMMISSION INCLUDES A PRESIDENT (WHO MUST BE A WORKING OR
RETIRED JUDGE OF THE HIGH COURT) AND AT LEAST TWO OTHER MEMBERS. THEY
ARE APPOINTED BY THE STATE GOVERNMENT. ONE CAN FILE A COMPLAINT OF
GOODS AND SERVICES WORTH LESS THAN ₹10 CRORES AND MORE THAN ₹1
CRORE IN THIS AGENCY. AFTER RECEIVING A COMPLAINT FROM THE AGGRIEVED
PARTY, THE STATE COMMISSION CONTACTS THE PARTY AGAINST WHOM THE
COMPLAINT HAS BEEN FILED.
14. • 3. NATIONAL COMMISSION :-
• A NATIONAL COMMISSION INCLUDES A PRESIDENT AND FOUR OTHER MEMBERS
ONE OF WHOM SHALL BE A WOMAN, AND CENTRAL GOVERNMENT APPOINTS
THEM. ONE CAN FILE A COMPLAINT OF GOODS AND SERVICES WORTH MORE
THAN ₹10 CRORES IN THIS AGENCY. AFTER RECEIVING A COMPLAINT FROM THE
AGGRIEVED PARTY, THE NATIONAL COMMISSION INFORMS THE PARTY AGAINST
WHOM THE COMPLAINT HAS BEEN FILED.
15. PROCEDURE TO FILE A COMPLAINT IN THE
CONSUMER COURT
1: INTIMATION VIA NOTICE:
A NOTICE TO BE SENT BY THE AGGRIEVED PARTY TO THE SERVICE PROVIDER WHO
PROVIDED THE GOODS OR THE SERVICES. THE NOTICE COMMUNICATES THE
INTENTION OF THE COMPLAINER TO RESORT TO LITIGATION AND INFORMS HIM
ABOUT THE DEFECTS IN THE GOODS OR ANY UNFAIR PRACTICE. THE NOTICE IS
ALSO AN ATTEMPT TO SETTLE THE COMPLAINT WITHOUT APPROACHING THE
FORUM I.E. IF THE SERVICE PROVIDER IS WILLING TO OFFER COMPENSATION OR
ANY OTHER REMEDY.
16. 2: GET THE CONSUMER COMPLAINT DRAFTED :-
IF THE SERVICE PROVIDER IS NOT WILLING TO OFFER COMPENSATION OR ANY
OTHER REMEDY, THE NEXT STEP IS TO FILE A FORMAL COMPLAINT UNDER THE
CONSUMER
PROTECTION ACT, 2019. THE FILING OF THE COMPLAINT DOES NOT NECESSARILY
REQUIRE A LAWYER. THE COMPLAINT CAN BE FILED BY THE AGGRIEVED PERSON.
3: ATTACH RELEVANT DOCUMENTS :-
COPIES OF MATERIAL EVIDENCE AND RELEVANT DOCUMENTS THAT SUPPORT
YOUR CASE IN CONSUMER COURT ARE IMPORTANT. THESE DOCUMENTS INCLUDE:
• A COPY OF THE BILL, RECEIPT OF DELIVERY, PACKAGING OF A PRODUCT, A
RECORD OF ONLINE BOOKING OF THE GOODS BOUGH.
• WARRANTY/GUARANTEE CERTIFICATE.
• A COPY OF THE WRITTEN COMPLAINT AND NOTICE SENT TO THE
17. • 4: APPROPRIATE FORUM :-
CHOOSE THE APPROPRIATE FORUM FOR FILING THE COMPLAINT IN ACCORDANCE
WITH THE PECUNIARY JURISDICTION WHICH IS ESTIMATED IN REFERENCE TO THE
TOTAL VALUE OF GOODS AND SERVICES BOUGHT OR AVAILED AND THE AMOUNT
OF COMPENSATION SOUGHT.
• 5. PAY REQUISITE COURT FEES :-
A PRESCRIBED FEE IS REQUIRED TO BE PAID ALONG WITH THE COMPLAINT FILED
DEPENDING ON THE FORUM. THE COURT FEE DEPENDS UPON THE VALUE OF
GOODS BOUGHT AND THE AMOUNT OF COMPENSATION SOUGHT.
• 6: SUBMIT AN AFFIDAVIT :-
THE PERSON WHO WANTS TO FILE A CASE IN THE CONSUMER COURT IS ALSO
REQUIRED TO SUBMIT AN AFFIDAVIT IN THE COURT. THE AFFIDAVIT MUST STATE
THAT THE