Consumer Protection Act 1986

Meaning 

Consumer Protection refer to protecting the interest of consumer consumer play a very important role in that context consumer is the kingpin of market the Producer should Produce good keeping in mind the requirements of consumer and satisfy the consumer but it is observe that these obligation is neglected by some buisnessman they involve in the unfair trade practices such as supply of non standardise quality good .. adulteration etc So that is a need for consumers protection hence consumer against unfair Practice of the Producers and sellers .

Importance Of Consumer Protection 

1 Consumer Point Of View 

a) Consumer ignorance - consumer protection provide information to the ignorant consumer regarding right and remedies available to them it spread awareness so that consumer can know about the various redressal agencies where they can approch to Protect their interest ...

2 Unorganised Consumer - In developing countries like India consumer are not organised there are very few Consumer organisation which are working to protect the interests of consumer .. Consumer Protection encourage establishment of more Consumer Organisation. Consumer protection provide power and right to these organisations as these Organisation can file case on behalf of customer ..

3 White Spread Exploitation of consumer - Although now a day Consumer is the king pin of market but there is a lot of exploitation there is a lot of exploitation of Consumer as buisnessman use various unfair trade practices to cheat and exploits consumer .

Consumer Protection provide safeguard to consumer for such exploitation .

# Buisness point of view ..

1 Long Term interest of Buisness - every buisness wants to enjoy long existance these is only possible of when consumer are satisfy the buisnessman who ignore the interest and satisfaction of consumer loss their good will and client so it is in interest of Buisness itself to keep it customer satisfied 

2 Social Responsibility - A buisnessman has social obligation toward various group and customer it is the responsibility of Buisness man to provide quality good and reasonable price consumer protection guide buisnessman to provide socila responsibility .

3 Moral and ethical justification - Traditionally ethics was part of profession by now ethics plays a very important role in buisness also the ethics or moral values practice by the between man adds glory to buisnessman

4 Govt Intervention - If a Buisness man wants to avoid intervention of government than they should not involved in unfair trade practices Government intervention may spoil the image of Buisness

Buisnessman should voluntarily involve in the activities which protects the interest of consumer

5 Buisness uses society and resources

Buisnessman use the resources of society they must use these resources for the benefit of consumer ..

# Legal Protection To Consumer

1 The consumer protection act 1986 - the consumer protection act 1986 seek to protect against defective good unfair trade practices . Consumer exploitation various courts have been establish to protect a consumer right . These are known as three tier machinery

1 District Forum

2 Staff Commission

3 National Commission

Features Of Consumer Protection act 1986

1 It cover all sector weather public private and corporate 

2 A complaint can be filed by a consumer or any voluntary . Consumer organisation which is registered by the government

3 These act has provided various right and responsibility to consumer

4 It provided safeguard to consumer against defective good unfair trade practices and other form of their exploitation 

5 These act has provided 3 tier redressal agencies where Consumer can file complaint .

Consumer Right 

1 Right to safety  - According to these right Consumer have the right to be protected against the Marketing and services which are harmful to life and property these right is important for safe and secure Life Sometime the manufacturer defects in pressure cooker gas cylinder and other electrical appliances may cause loss to life health and property of consumer .

2 Right to choose -  According to these right the consumer has the right to choose the good or service of his or her links or liking 

Seller can't force the Consumer to buy the product against his order choice

Consumer should be free to choose the most suitable Product from his point of view

3 Right to information - According to these right the Consumer has the right to get information about the quality and quantity purity standard and price of good and services so as to protect himself against the unfair trade practices the Producer must supply all the relevant information at suitable place

4 Right it be heard or representations - The Consumer has a right to file a complaint and to be heard incase of dissatisfaction with good and services under these right the companies must have complaint cells to attend the complaint of customer

5 Right to seek Redressal 

According to these right the Consumer has the right to get compensation against unfair trade practices for any other exploitation .

These right assures justice to consumer against exploitation ..

The right redressal  it includes compensation in the form of money or replacement of godd or repair of defects in the good as per the satisfaction of Consumer .

6 Right to consumer Education - According to these right it is the right of consumer to acquire the knowledge and skill to be inform to customers .. it is easier for literate Consumer to know their right and take action but the right assure that illetrate Consumer can seek information about the existing act ..

An agency are setup for their satisfaction the government of India has included consumer education in the school in various universities and courses 

Govt is also making use of media to media to make the consumer aware of their right and responsibilities

# Consumer Responsibilities

Various effort have been made by government and non government organisations to protect the interests of consumer but exploitation of consumer will stop only when consumer himself will come forward to safe guard his own interest Consumer have to bear some responsibility which are ..

1 Consumer must exercise his right - Under Consumer Protection act the Consumer is granted various right 

Right to safety

Right to choose

Right to information etc

These right will be useful only whn Consumer exercises these right he must file a complaint if he is not satisfied with the quality of products he must be aware of his right and exercise them whenever required ..

2 Caution Consumer - the Consumer should not blindly Beleive on the word of seller he must insist of getting full information on the quality and quantity utility price etc of the good and services

3 Filing Complaint for the redressal of genuine grievances 

- it is the duty of the Consumer to complaint against the short coming in the quantity of purchase or service availed sometimes the consumer ignore the fraud of trader believing that the loss in small but these attitude encourage correct Buisness practice to continue

4 Consumer must be quality conscious - The problem of sub standard Product adult rated Product and duplicate Product can be sold only when consumer himself stock compromising the quality of products while purchasing the good and services Consumer must look for quality marks such as IS Marks Egg marks whoop marks

5 Don't be carried away by advertising - The seller inform the Consumer about their products through the medium of their advertisement the seller ex aggregate the quality of good through advertisement therefore it is the responsibility of the Consumer to recognise the truth of the advertisement

Insist on Cash Memo

To File A Complaint The Consumer Needs The Evidence of purchase and cash memo is the evidence of purchase and cash memo is the evidence or proof . That Consumer has paid for the good and services a seller is bound to give a cash memo even if buyer doesn't ask for it to file a complaint and get compensation the Consumer must ask for cash memo 

Q Who can file a complaint and against whom ?

Ans Under the consumer protection act 1986 a complaint Before the appropriate Consumer forum can be made by

1 Any consumer

2 Any registered Consumer association

3 Any Central Government or any state government 

4 One or more Consumer earn behalf of numerous consumer having the same interest 

5 A Legal heir or representative of a deceased Consumer 

Against Whom A Complaint Be File 

The seller manufacturers or dealer of good which are defective defects means any fault imperfections short coming in quality quantity or purity of good the provider of service if they are deficient in any manner ( deficiency means any imperfections share coming or in adequacy in equality nature manner of performance of service etc

## Three Tier Redressal Machinery

Ans  National 

         State

         DISTRICT FORUM

three tier consumer grievances machinery under the consumer Protection act 1986 

1District Forum - District Forum consists of a president and two other members the president can be a retired or working judge of district court and one of the members has to be a women . They are appointed by state government .. the complaint for good and services worth Rs 20,0000 or less can be filed in these agency . The agency send the good for testing in laboratory in required and give decision on the basis of facts and laboratory report . if the aggrieved party is not satisfied by the jurisdiction of the District Forum then they can file an appeal against the judgement in state commision with in 30 days by depositing rupees 25000 or 50% of the penality amount and whichever is less

2 State Commission - it consists of a president and two other members and one of the members has to be a women the president must be a retired or working judge of high court they all are appointed by state government the complaint of the good worth more than Rs 200000 and less than rupees 1 crore can be filed in state commision on receiving complaint the state commission contact the party against whom the complaint is filed . And sends the good for testing in laboratory if required In case the aggrieved party is not satisfied with the judgement then they can file an appeal in national Commission within 30 days by depositing Rs 35000 or 50% of penality which ever is less

3 National Commission - the national Commission consists of a president and 4 member one of whom shall be a women the president can be a working or retired judge of supreme court they are appointed by central Government . The complaint can be filed in national Commission if the value of good more exceed rupees 1 crore on receiving the complaint the national income informs the party against whom complaint is file and sends the good for testing if required and give judgement if agreevied party is not satisfied they can file a complaint in supreme court with in 30 days

* REMEDIES AND RELIEF AVAILABLE TO A CONSUMER

If the Consumer is satisfied about the genuiness of the complaint it can issue on or more of the following directions to the opposite party

1 To Remove the defects in good and deficiency in service

2 To replace the defected Product with the new one free from any defects

3 To refund the price paid for the Product on the charges paid for the service

4 To pay a reasonable amount of compensation for any loss or injury suffered by the Consumer due to the negligence of the opposite party 

5 To discontinue the exploitation unfair trade and not to repeat in the future

6 Not to offers hazardous good for sale 

Or to pay any amount Not less than 5% of the value of the defective good or deficient service provided to be credited to the consumer welfare fund any other organisations person to be utilised in the prescribed manner 

8 to issue corrective advertisement

9 To Pay adequate cost the the appropriate party

* Function and Role of Consumer organisation and Ngo

1 Educating the general public about Consumer rights by organising training programme seminar and work shop

2 Encouraging Consumer to strongly protect and take an action against exploitation and unfair trade practices of seller

3 Providing Legal assistance to Consumer by way of providing aid legal advice etc

4 filling complaint in appropriate Consumer court on behalf of Consumer

5 Collecting Data Of Different Product and testing them

6  Educating the Consumer to help themself 

7 Educated women regarding consumerism

8 Motivated people to ask quality marks such as ISI Mark , Ag mark etc .

9 Publishing Periodicals ..other publications to impart knowledge about Consumer problem relief available etc