Aims and objectives of consumer protection act 1986 pdf file

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aims and objectives of consumer protection act 1986 pdf file

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Ram Vilas Paswan. In this article, we have explained the meaning and features of The Consumer Protection Act, Consumer Protection Act, is a law to protect the interests of the consumers.

An Overview of the Consumer Protection Act

The author in this article has given an overview of the Consumer Protection Act, its importance and has also discussed the Consumer Protection Amendment Bill of Various aspects are to be taken into consideration while calculating these ranks and one of them is satisfaction of the consumers, which depends upon the existence of the laws supporting them.

The Consumer Protection Act was implemented in order to provide better protection to the rights of the consumers. Prior to the implementation of this Act, there was no special act for protecting the consumers and the only remedy available to the consumers was under the Law of Torts i. This act is based on the doctrine of Caveat Emptor which means that it is the responsibility of the buyer to identify the defects in the good. There are various objectives which are sought to be protected under the Consumer Protection Act such as-.

According to Sec-2 1 d of the Act, a consumer is a person who purchases any goods or services or hires or avails the services of some person for his own personal use and not for manufacturing or resale of that good. For instance, a person purchasing wheat flour for his own personal use is a consumer but a person purchasing wheat flour for baking bread which he is going to sell in his bakery shape is not a consumer.

The Consumer Protection Act has recognised six rights of a consumer which are :. This right refers to as the right to be protected against the marketing of goods and services which are hazardous to life and property of the consumers.

This right has a very wide scope of application, for instance, this right is available in the areas of electrical appliances, healthcare, automobile, pharmaceuticals, housing, travel etc. Nowadays, each and every field has an office for researchers who research and experiment and launch new products and appliances accordingly. Most of these products are not tested by the producers which prove to be harmful to the consumer.

Therefore, after the implementation of this act, there is a mandate for each and every field to get all their products which are a danger to the life to be carefully tested and validated before launching it to the market.

It refers to the right of a consumer to be informed of the quality, quantity, potency, purity, standard and price of the goods and services being sold by the shopkeeper. This right is given to the consumer in order to protect them from the various unfair trade practices conducted by the seller in order to earn more profits.

Therefore, it is an obligation on the seller to provide the consumer with all the relevant information of the product he wishes to purchase. It is defined in the act as the right to be assured, wherever possible, to have access to a variety of goods and services at competitive prices.

It is very common to find one product being sold at different possible prices by different sellers. This reflects the age of market competition which is found in almost all the countries. Therefore it is the right of all the consumers to purchase any product at any price which according to him is the best. A consumer cannot be forced to purchase a product of some particular brand or quality. This right was introduced for a consumer in order to ensure that all the complaints and issues of the consumers are heard duly under the appropriate authority.

This is because of this right that almost all the big selling companies have a separate department known as the customer service to help the consumers in case of any dispute or any complaint regarding the quality or quantity of the product. If any consumer has been exploited by the seller or faced any unfair trade practices he can seek redressal i. This right ensures that all the issues of the consumers are dealt with and justice is done to him. A proper redressal mechanism has been set up by the government of India such as the consumer courts and forums at district and national level which is discussed later in this article.

It is the right of each and every person who is a citizen of India to have knowledge about all the laws and policies relating to the consumer. Therefore it is made sure the material regarding the consumer-related laws is easily available all over India but there is still a major part of the population who is not aware of his laws and rights. Every consumer right comes with the opposite duty. Right of one consumer is the duty of the others. Accordingly, there are various duties such as The Consumer Protection Act proposes three-tier redressal mechanism: quasi-judicial machinery at the National, state and district level.

The jurisdiction of each consumer redressal forum has been described under this act. According to Sec of this act, this forum has the jurisdiction to entertain complaints and disputes only where the value of the goods or services and the value of the compensation claimed does not exceed Rs 20 Lakhs. The District forum shall consist of a President i.

The members of a commission shall be the persons of ability, integrity and standing and have adequate knowledge and experience regarding the field of a consumer. Each and every member of the district forum shall either hold the office for a term of 5 years or up to the age of 65 years, whichever is earlier. Each and every State has a State Commission.

According to Sec of the act, the pecuniary jurisdiction of a State Commission for entertaining complaints or issues where the value of goods or services and the value of the compensation claimed exceeds Rs. The State Commission shall consist of a President and the other two members. The President shall be a person who is or has been qualified to be a Judge of High Court and the other two members shall be possessing a bachelors degree from a recognized university.

Out of two members, one shall be a woman. Each and every member of the district forum shall either hold the office for a term of 5 years or up to the age of 67 years, whichever is earlier.

The National Commission was instituted in It is headed by a sitting or retired Judge of the Supreme Court of India. The present President of the commission is Justice R. Agrawal who is a former Judge of the Supreme Court of India. According to Sec of the act, the pecuniary jurisdiction of a National Commission for entertaining complaints or issues where the value of goods or services and the value of the compensation claimed is more than Rs. The National Commission has been constituted with various powers such as:.

In addition to the President of the commission, it shall consist of 4 other members, out of which at least one shall be a woman. All of these members shall fulfil the following conditions to be able to qualify as a member in the National Commission:. Every member of the commission shall hold office for a term of 5 years or up to the age of 70 years whichever is earlier. According to sec-2 1 b a complainant can be a person who is:.

The very first step before filing a complaint the aggrieved party should do is to send a notice to the service provider from whom the goods were purchased or the service was availed informing him about the defects in the goods or the deficiency in the service or unfair practice.

This notice is sent to the trader or the aggrieved party in order to see if that company or trader is willing to give the compensation or offer any other remedy. If in case the trader or service provider is not willing to provide with any remedy, the aggrieved party shall go ahead with filing a formal complaint. The next step is to file a formal complaint under the Consumer Protection Act of Here the aggrieved party does not need to hire a lawyer in order to file a complaint.

He can file the complaint on his own. The aggrieved party just need to write down the following contents on a plain paper:. The next step after the drafting of the complaint is to choose the appropriate authority under whom the complaint is to be filed. The complainant shall choose the authority according to pecuniary jurisdiction of his complaint i. It is to be noted here that the complainant can also file an online complaint on www.

Furthermore, the complainant needs to pay the prescribed court fees according to the pecuniary value of his case. Following are the fee details of the court fees:. A standard amount of Rs 5, The Forum under which the complaint has been filed by the aggrieved party is under a mandate to provide the resolution to the parties within a period of 30 days.

If it fails to adhere with the same the party can move to the next commission. The Consumer Protection Act provides consumers with various remedies. Following are the remedies available under the act:. The Consumer Protection Act of has been amended thrice but the act is still not sufficient to deal with challenges such as online transactions, multi-level and digital marketing.

The Bill has proposed to make various changes in the ancient act in order to provide better protection to the rights and interests of the consumer. Following are the changes which the Bill proposes:. The Consumer Protection Act has proved to be a helping hand to the consumers and protected them from being exploited in the hands of huge companies and famous traders.

The traders and the firms are still working on how to make huge profits and one of the ways is by exploiting the consumer. Corresponding to this the Legislature and the Judiciary are making amendments in the act from time to time but the consumer himself needs to be careful and aware of the people in the market.

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Consumer Protection Act

The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers and a host of services have been made available to the consumers like insurance, transport, electricity, housing, entertainment, finance and banking. A well organised sector of manufacturers and traders with better knowledge of markets has come into existence, thereby affecting the relationship between the traders and the consumers making the principle of consumer sovereignty almost inapplicable. The advertisements of goods and services in television, newspapers and magazines influence the demand for the same by the consumers though there may be manufacturing defects or imperfections or short comings in the quality, quantity and the purity of the goods or there may be deficiency in the services rendered. In addition, the production of the same item by many firms has led the consumers, who have little time to make a selection, to think before they can purchase the best. For the welfare of the public, the glut of adulterated and sub-standard articles in the market have to be checked. In spite of various provisions providing protection to the consumer and providing for stringent action against adulterated and sub-standard articles in the different enactments like Code of Civil Procedure, , the Indian Contract Act, , the Sale of Goods Act, , the Indian Penal Code, , the Standards of Weights and Measures Act, and the Motor Vehicles Act, , very little could be achieved in the field of Consumer Protection. Though the Monopolies and Restrictive Trade Practices Act, arid the Prevention of Food Adulteration Act, have provided relief to the consumers yet it became necessary to protect the consumers from the exploitation and to save them from adulterated and sub-standard goods and services and to safe guard the interests of the consumers.

This website uses information gathering tools such as cookies and other similar technologies. By clicking 'Accept' on this banner or by using this website, you consent to the use of cookies unless you have disabled them. If you do not consent, do not use this website. It is at your, the user's, discretion to proceed with accessing this website. Besides the basic necessities of food, clothing, and shelter, we consume a variety of things in our daily lives such as cell phones, digital cameras, soaps, perfumes, cosmetics, among other things. Thus, all of us are consumers in the literal sense of the term.

The New Act will come into force on such date as the Central Government may so notify. This hotline aims to provide an insight into newly introduced provisions, dissect the scope, reach and impact of newly introduced provisions and provide a comparative analysis of some of the key provisions of CPA vis-a-vis CPA Please click here to find our detailed analysis on the key provisions of CPA The definition now provides consumers with a remedy in case of multi-level marketing. Thus, the seller at each level of multi-level marketing can be exposed to liability under CPA and not restricted to only the manufacturer of the product but all entities involved at various stages of production and marketing. When services are provided for free, the person availing the service will not be considered as a consumer.

What is Consumer Protection Act, 1986?

This paper gives an overview about what actually is Consumer Protection Act. Also the paper provides with various strategies to overcome the same. The rulers back then felt the need of the welfare of their people and considered it to be the major area of concern. They gave importance on regulating the social conditions as well as the economic life of the people; they established trade restrictions in order to protect the interests of buyers.

The author in this article has given an overview of the Consumer Protection Act, its importance and has also discussed the Consumer Protection Amendment Bill of Various aspects are to be taken into consideration while calculating these ranks and one of them is satisfaction of the consumers, which depends upon the existence of the laws supporting them. The Consumer Protection Act was implemented in order to provide better protection to the rights of the consumers. Prior to the implementation of this Act, there was no special act for protecting the consumers and the only remedy available to the consumers was under the Law of Torts i. This act is based on the doctrine of Caveat Emptor which means that it is the responsibility of the buyer to identify the defects in the good.

The author in this article has given an overview of the Consumer Protection Act, its importance and has also discussed the Consumer Protection Amendment Bill of Various aspects are to be taken into consideration while calculating these ranks and one of them is satisfaction of the consumers, which depends upon the existence of the laws supporting them. The Consumer Protection Act was implemented in order to provide better protection to the rights of the consumers.

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The Act replaces the Consumer Protection Act, The Act replaces Consumer Protection Act, and enforces consumer rights and provides a mechanism for redressal of complaints regarding defect in goods and deficiency in services. The Act has been introduced while keeping in mind the new set of challenges and issues faced by the consumers in modern times owing to the digitization of the marketplace and the diversity of the goods and services that are being provided to the consumers. The Act aims to provide a systematic and approachable platform to the consumer for redressal of disputes. Even though the Consumer Protection Act of also provided for a mechanism for consumer grievance redressal, it was lacking in terms of keeping up with the modern digitized and electronic era. The Act aims to fill in the lacunae present in the Act of

Мы скажем миру, что у АНБ есть компьютер, способный взломать любой код, кроме Цифровой крепости, - И все бросятся доставать Цифровую крепость… не зная, что для нас это пройденный этап. Стратмор кивнул: - Совершенно.  - Повисла продолжительная пауза.  - Прости, что я тебе лгал. Попытка переделать Цифровую крепость - дело серьезное и хлопотное.

Consumer Protection Act, 1986

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