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Consumer Protection in India

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ConsumerRights

1. Right to Safety 2. Right to choose 3. Right to be heard 4. Right to seek redressal 5. Right to be informed 6. Right to Consumer education Want to know details: CLICK HERE

Rple of NGOs

Where to File Complaint

ConsumerResponsibilities

Whois consumer

Importance of consumer Protection

ReliefsOrRemedies

Scope

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Nestle’s Maggi noodle scare in India that spread like an epidemic in 2015 has been the biggest consumer concern and action since that of pesticides in Coca-Cola and Pepsi products in 2006. Both these public outrages have been in response to the violation of the ‘Right to safety’ clause under the Consumer Protection Act, 1986Read more at: CLICK HERE

Importance of Consumer Protection (from Consumer’s point of view) Consumers’ Ignorance: The majority of consumers are not aware of their rights and reliefs available to them as a result of which they are exploited. In order to save consumers from exploitation, consumer protection is needed. Unorganised Consumers : In India, consumers are still unorganised and there is a lack of consumer organisations also, thus consumer protection is required. Widespread Exploitation of Consumers: Consumers are exploited on large scale by means of various unfair trade practices and consumer protection is required to protect them from exploitation. Importance of Consumer Protection (from the point of view of Business) Long-term Business Interest: It is always in the interest of the business to keep its customer satisfied. Global competition could be won only after satisfying customers. Satisfied customers lead to repeat sales and help in increasing the customer base of business. Moral Justification: It is the moral duty of any business to take care of consumer interest & avoid any form of exploitation & unfair trade practices like defective & unsafe products, adulteration, false and misleading advertising, hoardings, black marketing, etc. Business uses resources of society: Every business uses the resources of society and thus it is their responsibility to work in the interest of society. Social Responsibility: A business has social responsibilities towards various groups like owners, workers, government, customers etc. Thus, customers should be provided qualitative goods at reasonable prices. Government Intervention: If a business engages in any form of unfair trade practices then the government takes action against it, which adversely affects its goodwill

(i) To remove the defect in goods or deficiency in service. (ii) To replace the defective product with a new one, free from any defect. (iii) To refund the price paid for the product, or the charges paid for the service. (iv) To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to the negligence of the opposite party. (v) To pay punitive damages in appropriate circumstances. (vi) To discontinue the unfair/ restrictive trade practice and not to repeat it in the future. (vii) Not to offer hazardous goods for sale. (viii) To withdraw the hazardous goods from sale. (ix) To cease manufacture of hazardous goods and to desist from offering hazardous services. (x) To pay any amount (not less than 5% of the value of the defective goods or deficient services provided), to be credited to the Consumer Welfare Fund or any other organisation/person, to be utilised in the prescribed manner. (xi) To issue corrective advertisement to neutralise the effect of a misleading advertisement. (xii) To pay adequate costs to the appropriate party.

1. Be aware of various goods and services available in the market. 2. Buy only standardised goods and check for standardization mark. 3. Be aware of the risks associated with the products and services and use them prudently. 4. Read the labels carefully. 5. Assert yourself to ensure that you get a fair deal. 6. Be honest in your dealings. 7. Ask for a cash memo on the purchase of goods or services. 8. File a complaint in an appropriate consumer forum in case of a shortcoming in the quality of goods purchased or services availed. 9. Form consumer societies that would play an active part in educating consumers and safeguarding their interests. 10. Show concern for the environment

1. Be aware of various goods and services available in the market so that an intelligent and wise choice can be made. 2. Buy only standardised goods and check for standardised marks . 3. Be aware of the risks associated with the products and services and follow the manufacturer’s instructions and use the products safely. 4. Read the labels carefully so as to have information about prices, net weight, manufacturing and expiry dates, etc. 5. Assert yourself to ensure that you get a fair deal. 6. Be honest in your dealings, Choose only from legal goods and services, and discourage unscrupulous practices like black-marketing, hoarding, etc. 7. Ask for a cash memo on the purchase of goods or services. This would serve as proof of the purchase made. 8. File a complaint in an appropriate consumer forum in case of a shortcoming in the quality of goods purchased or services availed. 9. Form consumer societies that would play an active part in educating consumers and safeguarding their interests. 10. Show concern for the environment Avoid waste, littering, and contributing to pollution.

Check handbook published by Department of Consumer Affairs, Government of India

1. Educating the general public about consumer rights by organising training programs, seminars, and workshops. 2. Publishing periodical & other publications to impart knowledge about consumer problems, legal reporting, reliefs available, and other matters of interest. 3. Carrying out comparative testing of consumer products in accredited laboratories to test relative qualities of competing brands and publishing the test results for the benefit of consumers. 4. Providing legal assistance to consumers by providing legal advice etc. 5. Filing complaints in an appropriate consumer court on behalf of the consumers. 6. Encouraging consumers to strongly protest and take an action against unscrupulous, exploitative, and unfair trade practices of sellers. 7. Taking an initiative in filing cases in consumer courts in the interest of the general public, not for any individual.

Who is a consumer according to Consumer protection act Ajit bought one computer for self-useHe is ConsumerVicky bought 5 computers to run an internet cafe for earning his living by way of self-employmentHe is ConsumerRahul is a shopkeeper who bought 20 computers with the sole commercial purpose of selling them.He is NOT a consumerRashmi gifted a cream to her friend SavitaSavita is a consumer Amit used an internet connection purchased by his fatherAmit is a consumer Tarun found a product in his shopping bag that he has not purchased Amit is NOT a consumer

According to the CONSUMER PROTECTION ACT, 1986 consumer is defined as follows. (a) Any person who buys any goods for a consideration, which has been paid or promised, or partly paid and partly promised, or under any scheme of deferred payment. It includes any user of such goods when such use is made with the approval of the buyer but does not include a person who obtains goods for resale or any commercial purpose. (b) Any person who hires or avails of any service, 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 services when such services are availed of with the approval of the person concerned, but does not include a person who avails of such services for any commercial purpose

Scope of Consumer Protection Act Consumer protection has wide agenda which can be made clear with the help of the following points: 1. This Act is applicable to all the products and services 2. This Act is applicable to all areas whether private, public, or cooperative. 3. This Act provides many rights to consumers. These rights are related to safety, information, choice, representation, redressal, education, etc. 4. This Act provides safety to consumers regarding defective products, dissatisfactory services, and unfair trade practices. 5. Consumer courts have been established so that consumers can enjoy their rights. This Act presents Three-tier Grievances Redressal Machinery:

• At District Level—District Forum
• At State Level—State Commission
• At National Level—National Commission.

For the detailed report: CLICK HERE