|1.||Concept of consumer protection||Read Now|
|3.||Important Features of the Consumer Protection Act||Read Now|
|4.||Consumer Rights under the the Consumer Protection Act||Read Now|
|5.||Consumer protection||Read Now|
|6.||Redressal: Three Tier System Under Consumer Act||Read Now|
|7.||Who can file a complaint?||Read Now|
Concept of consumer protection
The main objectives of the Consumer Protection Act are to provide better and all-round protection to consumers and effective safeguards against different types of exploitation such as defective goods, deficient services and unfair trade practices. It also makes provisions for a simple, speedy and inexpensive machinery for redressal of consumers‘ grievances.
Important Features of the Consumer Protection Act
Who is a consumer according to the Consumer Protection Act, 1986?
A consumer is one who buys any goods for a consideration. It includes any user of such goods with the approval of the buyer. But it does not include any a person who obtains goods for the resale or commercial purpose. The considerationsumer also hires service for consideration.
Consumer Rights under the the Consumer Protection Act
Right to SafetyMeans right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI,AGMARK, etc.
Right to ChooseMeans right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices.
Right to be HeardMeans that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare.
Right to be InformedMeans right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices under the Consumer Protection Act. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.
Right to SeekredressalMeans right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances.Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.
Right to Consumer EducationMeans the right to acquire the knowledge and skill to be an informed consumer throughout life.Ignorance of consumers, particularly of rural consumers, is mainly responsible fortheir exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.
Consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace. The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. They may also provide additional protection for those most vulnerable in society. Consumer protection laws are a form of government regulation that aim to protect the rights of consumers.
Redressal: Three Tier System Under Consumer Act
These Forum are set by the district of the state concerned in each district wherein it consists of President and two members of which one should be a woman and is appointed by the State Government. In this, the complaining party should not make a complaint more than 20 Lacs and once the complaint is filed the goods are sent for testing and if they found defective the accused party should compensate and if the party is dissatisfied can make an appeal with state commission within 30 days.
This is set up by each state It consists of President and two members. Complains should be of at least 20 lacs and exceed not more than 1 crore. The goods are sent for testing and if found defective are asked for replacement or compensation. If not satisfied can make an appeal within 30 days in front of the National Commission.
National Commission: Consist of President and 4 members. The complaint must exceed an amount of 1 crore. The goods are sent for testing and if found defective are asked for replacement or compensation.
Who can file a complaint?
File a Consumer Complaint
The consumer courts (district court, state commission and National Commission) are given vast powers to enforce their orders. If a defaulter does not appear in court despite notices and reminders, the court may decide the matter in his absence. The forum can sentence the defaulter to a maximum of three years' imprisonment and impose a fine of Rs. 10,000. Forums can issue warrants to produce defaulters in court. They can use the police and revenue departments to enforce orders.