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INTRODUCTION
Consumerism - the promotion of the consumers interests.
Let the buyer beware, has changed to Let the seller beware.
Product and services to fulfill needs & wants of customers.
To increase sales - engage in unfair practices.
Consumer protection : For protection of buyers from,
Low quality products,
Dangerous products &
Deceiving advertisements.
Educating consumers about their rights and responsibilities.
Helping them to seek redressal of their grievances.
EVOLUTION OF CONSUMER
PROTECTION RIGHTS IN INDIA
Prior to independence,
Indian Penal Code, Agricultural Production,
Grading and Marketing Act, 1937,
Drugs and Cosmetics Act, 1940.
In 1915 - Passengers and Traffic Relief Association (PATRA).
In 1978 - Consumer Education and Research Centre in Ahmadabad.
In 1986 - The Consumer Protection Act was enacted.
Other acts includes,
Contract Act, Sale of Goods Act,
The Essential Commodities Act, The Agricultural Produce Act,
The Prevention of Food Adulteration Act,
The Standards of Weights and Measures Act.
AMENDMENT - 1991
It was mainly to incorporate provision for the quorum
of District Forum.
Appointing persons to preside over State Commission /
District Forum in case of absence of president.
AMENDMENT - 1993
To find out loopholes in the main act and to overcome them.
Expand the scope of area covered.
To give more power to the redressal agencies under the act.
AMENDMENT - 2002
To facilitate quicker disposal of complaints.
Enhancing the capabilities of redressal agencies.
Strengthening them with more power.
Streamlining the procedure.
Widening the scope of the act to make it more
functional and effective
CONSUMER
Buyer of any commodity or service or
a user of such commodity or service .
Must satisfy two condition : The service must be rendered to him.
He must have paid or promised to pay for the same.
If any person buy capital goods to provide services to other
individual, then he is also recognised as consumer.
If any person buys a commodity with an intention to resale
or trade, then he will not be recognised as consumer.
INTERNATIONAL SCENARIO
Due to increasing globalization.
To unlock consumer power on a global scale.
Consumer International took initiative.
Guidelines for consumer protection.
Specially for - developing countries &
newly independent countries.
RIGHTS OF A CONSUMER
Right to Safety.
Right to Choose.
Right to be Informed.
Right to be Heard.
Right to Seek Redressal.
Hall
mark
BE AWARE WHILE
PURCHASING DRUGS
PURCHASING COSMETICS
BUYING CLOTHS
QUALITY MARKS
AGMARK
ISI
AGMARK
FPO
FPO
BIS
COMPLAINT
Defect in goods,
Deficiency in service,
Hazardous goods or
Send the
Personal
or Legal Notice
to Company
Prepare a
complaint
Get the
complaint
affidavit
notarized
through a
notary
Prepare a bank
draft from a
Nationalized
Bank to pay
court fee.
Case Admitted
The Fee
Download
the
sample
format
Hearing
Complaint filed
at District ,
State
Or National
Court Order
District Forum
2.
State Commission or
3.
National Commission.
FORUMS
FORUMS
District
Forum
ESTABLISH
ED BY
State
Government
COMPOSITION
- Chairman & 2
members
- One shall be woman
JURISDICTI
ON
APPEAL
Less than
Rs.20 lakhs
To state
commission
within 30 days
of order
State
Commission
State
Government
- President &
- Minimum 2 members
- One shall be woman
Head: High Court
Judge
National
Central
Commission Government
In 1988
- President &
- Minimum 4 members
- One shall be woman
Head: Sitting or
Retired Judge of the
Supreme Court
In range of
Rs. 20 lakhs
to Rs. 1 crore
More than
Rs. 1crore
To national
commission
within 30 days
of order
To supreme
court within 30
days of order.
Priorities
Consumer
Education
Consumer
Awareness
Consumer
Protection
MULTIMEDIA CAMPAIGNS
VIDEOS
PRINTED
LITERATU
RE
JOURNAL
S
ONLINE
MEDIUM
NATIONA
L
CONSUM
ER HELP
LINE
MULTIMEDI
A
CAMPAIGN
NUKKAD
NATAKS
ADVERTI
SEMENTS
MEGHDOO
T
POSTCARD
S
MEGHDOOT POSTCARDS
CONSUMER GUIDANCE
SOCIETY OF INDIA (CGSI)
Consumerism - the promotion of the consumers interests.
Involved in consumer education.
Through talks,
STATISTICAL DATA
Cases
Pending
% Of
Total
Disposal
Sr.
No.
Name of
Agency
Cases
filed
Since
Inceptio
n
National
Commissions
93,860
83,294
10,566
88.74%
State
Commissions
6,72,486
5,83,305
89,181
86.74%
District
Forums
35,32,74
9
32,62,91
6
2,69,833
92.36%
TOTAL
42,99,0
95
39,29,5
15
3,69,58
0
91.40%
INDIA
BRAZIL
CASES
UNDER CONSUMER
PROTECTION ACT 1986
CASE 1
DHARAMDAS PRITIANI VS. HDFC ERGO
GENERAL INSURANCE COMPANY LTD
Complainant - Dharamdas Pritiani - Advised by the doctors to undergo
treatment for suffering from a heart ailment in 2008-09.
He then underwent a rare treatment called
Enhanced External Counter Pulsation (EECP).
The treatment was completed in 45 sittings, costing Rs. 1,18,000.
HDFC Ergo rejected the complainants claim saying the treatment was
experimental and not recognized by the insurer.
The insurance company also claimed that a policy holder must be
hospitalized for at least 24 hours for reimbursement.
CASE 1
DHARAMDAS PRITIANI VS. HDFC ERGO
GENERAL INSURANCE COMPANY LTD
The complainant claimed - Treatment recognized by the United
States and 40 hospitals in India use EECP method to treat heart
patients.
The forum said the documents furnished by Pritiani support his claim.
The treatment did not require hospitalization, thus he should be
reimbursed Rs. 1,18,000
JUDGEMENT
Consumer redressal forum of Indias - Directed HDFC Ergo General
Insurance Company Ltd to pay Rs.1,18,000 towards compensation for
refusing a policy holders claim.
Additional compensation of Rs. 5,000 to be paid for mental agony.
CASE 2
CHETAN PRAKASH VS. MET INSTITUTE
OF COMPUTER SCIENCE
Chetan Prakash, final year BSc. Student sought admission in MET
Institute of Comp. SC. for MCS.
The Institute had stipulated that in order to pursue the MCS course
student has to clear III year exams.
He deposited the fees before declaration of result.
Seeing that he had failed in exams, he tried to withdraw the
admission and requested for a refund, to which the institute did not
responded.
Finally, he sent a legal notice to the institute, and then lodged a
complaint in the consumer forum.
CASE 2
CHETAN PRAKASH VS. MET INSTITUTE
OF COMPUTER SCIENCE
JUDGEMENT
The Institute had to pay the complainant, Chetan Prakash,
Rs. 62,200 as refund of course fee and
Rs. 32,000 as compensation for harassment.
CASE 3
KRISHAN KUMAR BAJAJ VS. PEPSICO
Krishan Bajaj, a resident of Ahmadabad
Purchased Lays (Shipra Tangy Twist Potato Chips)
Packet on 28 June 2010 and sensed its being underweight.
He wrote twice to the manufacturer.
First letter got no response,
In second reply, a gifts hamper was offered to him which he refused.
Bajaj approached CERS, who wrote to PepsiCo.
Company refused to accept their fault and gave several
unsatisfactory clarifications.
CASE 3
KRISHAN KUMAR BAJAJ VS. PEPSICO
CERS took the issue to the Consumers Dispute Redressal Forum,
which also gave a favorable ruling.
The company asked for the bill of purchase which Bajaj could not
produce.
JUDGEMENT
The Court overruled the argument of Bajaj for not having a bill.
CERS requested the court to direct PepsiCo.
To stop such unfair practices & to deposit Rs. 2,00,000 in the
Consumer Welfare Fund, Rs. 2,75,250 as Punitive Damages and
also to give Rs. 75,000 as Costs of Litigation.
RECOMMENDATIONS
Educating more about - rights and responsibilities as consumer.
All consumers need to know their rights & practice them.
Consumers should always conduct market surveys.
Buy from authorised company showrooms & reliable shops.
Obtain bills, receipts and guarantee cards - keep them safe.
Instead of loose items, prefer properly packed and labelled products.
Read labels carefully for brand names, ingredients, net weight,
MRP, expiry date and standardization mark.
Consumers should report any unfair trade practices to redressal
agencies.
Procedure for filing a complaint should be known to all.
System to be more transparent.
CONCLUSION
Consumer is in a dominant position.
Consumers as a class can be called as king.
Individual consumer barely enjoys such a status.
The king, in this case, is vulnerable and requires
protection form unfair trade practices.
VIDEO ON
JAGO GRAHAK JAGO
WEBLIOGRAPHY
http://www.cag.org.in/guidelines-filing-complaint
http://consumerresources.in/2012/09/20/how-to-prepare
-and-submit-a-complaint-to-a-consumer-forum/
http://www.consumerredressal.com/content/contentID/14/
consumerprotection_act
http://consumerresources.in/2012/10/05/pepsico-penalized-forshortchanging-consumer/
http://ncdrc.nic.in/statistics.html