CONSUMER PROTECTION Flashcards
COM EXAM
NEED FOR CONSUMER PROTECTION
- Consumer is the purpose of business
- Business means human welfare
- Multiple objectives
- Stakeholders approach
- Responsibility with Power
RIGHTS OF CONSUMERS
- The Right to Safety
- The Right to be Informed
- The Right to Choose
- The Right to be Heard
- The Right to seek Redressal
- The Right to Consumer Education
- The Right to Healthy Environment
CONSUMER RESPONSIBILITIES
- Exercise the Rights
- Ask for full Information
METHODS OF CONSUMER PROTECTION
- Self-Regulation by Business (Self-Help)
- Consumer Awareness
- Consumer Associations
- Government Control (Legislative Measures)
a) Publicity
b) Awards
c) Environment-friendly products
d) Consumer welfare funds
e) Lok Adalat
f) Consumer Redressal Forum
HOW DOES LOK ADALAT HELPS ?
-In lok adalat, the aggrieved customer can directly present his grievances.
-The officials of the concerned firm discuss the matter and take appropriate decisions.
-This method saves time and money of people
-It is a speedy and economical redressal system
DESCRIBE CONSUMER PROTECTION ACT, 2019
The Consumer Protection Act, 2019, was passed to promote and protect the rights of consumers.
It provides speedy and simple redressal to consumers’ grievances.
The Consumer Protection Act has specified consumer rights
REMEDIES AVAILABLE TO AGGRIEVED CONSUMERS
- Removal
- Replacement
- Refund
- Compensation
- Hazardous
DISTRICT COMMISSION
- Headed by - A president and at least 2 members
- Pecuniary jurisdiction - up to 1 crore rupees
- The complaint can be filed by a consumer to whom goods are sold or services are rendered
- On receiving the complaint, the commission should refer to the opposite party concerned and send the sample of goods for testing in a laboratory.
- The Commission after being satisfied that the goods are defective or there are some unfair trade practices can issue an ORDER to the opposite party directing him to either resolve, replace, return, etc.
-An appeal against the order of the district commission can be filed to the state commission within 45 days.
STATE COMMISSION
- Headed by - A president and at least 4 members
- Pecuniary jurisdiction - between 1 crore rupees to 10 crore
- The complaint can be filed by a consumer to whom goods are sold or services are rendered
- On receiving the complaint, the commission should refer to the opposite party concerned and send the sample of goods for testing in a laboratory.
- The Commission after being satisfied that the goods are defective or there are some unfair trade practices can issue an ORDER to the opposite party directing him to either resolve, replace, return, etc.
-An appeal against the order of the state commission can be filed to the national commission within 45 days.
NATIONAL COMMISSION
- Headed by - A president and at least 4 members
- Pecuniary jurisdiction - above 10 crore rupees
- The complaint can be filed by a consumer to whom goods are sold or services are rendered
- On receiving the complaint, the commission should refer to the opposite party concerned and send the sample of goods for testing in a laboratory.
- The Commission after being satisfied that the goods are defective or there are some unfair trade practices can issue an ORDER to the opposite party directing him to either resolve, replace, return, etc.
-An appeal against the order of the national commission can be filed to the Supreme Court within 45 days.
SALIENT FEATURES
WHO IS A CONSUMER?
- A person who buys goods and services for a consideration that has been paid or promised, or partly paid or partly promised, or under any system of deferred payment.
- The term includes any other user of such goods when such use is made with the approval of the buyer.
- The term consumer however does not include a person who obtains such goods for resale or any commercial purpose.
WHO IS NOT A CONSUMER?
- The person who obtains goods for resale or commercial purpose
- The person using goods without the approval of the buyer
- The person who obtains goods/services without consideration
WHO CAN FILE A COMPLAINT?
- a consumer
- Central Government or the State Government
- in case of death of a consumer, his legal heir or representative
WHAT DO YOU MEAN BY COMPLAINT?
A complaint is an allegation in writing made by a COMPLAINANT that goods bought by him are defective, due to unfair trade practices, selling more than the MRP/ government price