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CONSUMER PROTECTION ACT 1986 Indian Bare Acts
Manufacturing has now been defined to include merely assembling parts of goods made by others or putting one s own mark on any good manufactured by others. Consumer Education: Importance of consumer protection is to create awareness among consumers about their rights and responsibilities by organising workshops and seminars and gives them confidence to take legal action against companies who have defaulted. It should contain the details of the complainant and the opposite party. Composition of Consumer Redressal Agencies: According to Consumer Protection Act 1986 each District Consumer Forum set up in each district of a State shall consist of a person who is or has been or is qualified to be a district judge. Out of the three, one is President, who is or has been or is qualified to be a District Judge. If, seller fails to deliver the goods which he agreed to sell, it will be treated as a defect.
Consumer Disputes According to Section 2 1 e Consumer Dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the compliant. As a result, the number of complaints by the end of 2002 before District Forums had been about 14 lakhs, that before State Commissions 2 lakhs and that before National Commission about 21,000 all of which amount to the total of about 162,100. Enacted in 1986, this Consumer Protection Act protects the interests of consumers in India against deficiencies and defects in goods or services. A Consumer can argue his own case or can be represented through authorized person or agency. Defects in goods or deficiency in the service etc. As in the case of the Central Council, the objects of State Councils will be to protect the rights of consumers as listed above from a to f within the State. Translating this mandate into action entails: Enabling consumers to make informed choices; Ensuring fair, equitable and consistent outcomes for consumers; and Facilitating timely and effective consumer grievance redress.
One of the members shall be a woman. Hoarding or destroying goods with the intention of raising the cost of these orsimilar goods manufactured in greater number so as to manipulate higher prices. When a material proposition of fact or law is affirmed by one of the party and denied by the other, the issues arise and Court frames those issues in the form of questions. Though the Monopolies and Restrictive Trade Practices Act, 1969 and the Prevention of Food Adulteration Act, 1954 have provided relief to the consumers yet it became necessary to protect the consumers from the exploration and to save them from adulterated and sub-standard goods and services and to sageguard the interests of the consumers. Fault or negligence in setting the claim by the insurance company. This amendment provides remedy to the consumers who might be unfairly treated in such schemes by requiring the promoter to disclose proper information regarding the results of a scheme by appropriate timely publication of results in newspapers, etc. Delay in delivery of possession of the flat.
According to an important provision in the 2002 Amendment Act, in trading or commerce of goods or services misleading or deceptive conduct of traders or suppliers would be treated as unfair trade practice. The proposed amendments have widened the scope of the law, specified time limit for quicker disposal of cases and rationalized qualifications for appointment of members of consumer forums at the state and national level. A complainant demanding compensation for the public of the State of Rajasthan was not maintainable. Through various consumer protection Acts to keep away from exploiting consumers. The National Consumer Commission will consist of: a A person who is or has been a judge of the Supreme Court and is appointed by the Central Government in consultation with Chief Justice of India. Section 6 : Objects of the Central Council The objects of the Central Council shall be to promote and protect the rights of the consumer, such as ,a the right to be protected against the marketing of goods and services which are hazardous to life and property; b the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; c the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; d the right to be heard and to be assured that consumers' interests will receive due consideration at appropriate forums; e the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and f the right to consumer education. These amendments seek to make the consumer protection law more responsive to consumer complaints through quicker disposal of cases.
If the redressal agency is convinced that any of the allegations in the complaint filed before it is true, it shall issue an appropriate order to the opposite party. But consumer does not include a person a person who obtains goods for resale or for any commercial purpose. It includes the provisions of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or ther information. However, at least one meeting of the Central Council must be held every year. Its machinery is effective and awesome to the delinquent trader with solace to the consumer. Under the Consumer Protection Act not only manufacturers and suppliers of goods but also of such services as insurance providers, medical treatment, lending and recovery of bank loans also come within the purview of the Act.
Consumer Disputes Redressal System : Under the Consumer Protection Act 1986 three-tier consumer disputes redressal system at the District, State and National levels has been set up. Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. Traders dominated the market in every aspect of business causing concern to the consumers. Unreasonable delay in shifting of telephone. The distinction between commercial purpose and domestic purpose was expressed in the case of Super Engg. In regard to goods hazardous to life or safety of the public, traders supplying goods will be liable if it can be proved that the supplier could have known with due care that the goods or services supplied were hazardous to the public.
The act contemplates an identified consumer in order to make the application of its provisions or any consumer association to represent it. For all these acts of negligence compensation can be claimed from doctors and hospitals and also penalties can be imposed on them. Section 2 1 g further provides the definition of deficient. Consumer Handbook 15Every complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint. Similarly, the State Consumer Commissions can now deal with cases involving compensation up to Rs.
A Comprehensive Act: The Consumer Protection Act is quite a comprehensive legislation. This order may be any of the following types: 1. It makes provision for the establishment of consumer councils and other authorities for the easier and quicker settlement of consumers' disputes and related matters. To stop the unfair or restrictive trade practice or give undertaking not to repeat in future; 7. Where, free air tickets were offered by a lucky draw alongwith purchase of thing, the National Commission held that, that portion of the contract which was concerned with the free award was without consideration and therefore, the winner of such award was not a consumer. Housing construction is also included in the definition of Service What it excludes? The polarity of this law is unlimited. Ethical Obligations and Getting Public Support.
Quasi-judicial Machinery for speedy redressal of consumer disputes: The act seeks to provide speedy and simple redressal to consumer disputes. The objective of the Act is to provide for the better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and authorities for the settlement of consumer disputes and for matters connected therewith. Evaluation of Consumer Protection Act : Consumer Protection Act with amendments made in it in 2002 is a quite comprehensive piece of legislation that seeks to protect the consumers against unfair and exploitative practices of manufacturers. To replace the defective goods with the new goods of the same type free from the defects; 3. The only restriction laid down under the Section in this regard is that, the association must be registered under the Companies Act, 1956 or any other law for the time being in force. In the event of the death of the complainant, amendment in the Act in 2002 now provides for substitution of his legal representatives.
National Consumer Commission has the jurisdiction: 1 To entertain complaints where the value of goods or services and compensation claimed if any is, according to Amendment Act 2002, one crore or more; 2 National Commission is authorized to hear appeals against the order of any State Consumer Commission; 3 The Central Commission has the right to call for the records from the State Commissions. . A complaint when made in District Forum or State Commission shall be filed in three sets and where it is filed in the National Commission, it shall be filed in four sets with additional sets equal to the number of opposite party s. It is important to note that Consumer Protection Act is additional law protecting consumers but not a derogation of any other laws which protect consumers. The direction of the State Commission that the tickets should be delivered or their value paid along with compensation was set aside. A patient hiring services of doctor for consideration has been held to be consumer. Section 4 2 : Membership of the Central Council : The Central Council shall consist of the following members, namely,a the Minister in charge of consumer affairs in the Central Government, who shall be its Chairman, and b such number of other official or non-official members representing such interests as may be prescribed.
