CONSUMER PROTECTION ACT

Presented by-

 Chetan
 Dushyant
 Gaurishanker
 Hemant
 Jai naresh

THE LAW RELATING TO CONSUMER PROTECTION
IS
CONTAINED IN THE CONSUMER PROTECTION ACT,
1986. THE ACT APPLIES TO ALL GOODS &

SERVICES
THE CONSUMER PROTECTION ACT, 1986 (ACT)

 Amendments

 Amendments in the year 1993

Amendments in the year 2002

WHO IS A CONSUMER???
 Any person who buys or hires any
goods or service is a consumer
 except if he uses such goods or service
for commercial purpose.
 or if the goods/service provided is free
of cost, the person shall not be
considered a consumer.
WHO IS A CONSUMER?
 Two kinds of consumer under the Act
 Consumer of goods
 buys or agrees to buy goods
any user of such goods

 Consumer of services
hires or avails any services
any beneficiary of such service
 CONSUMERS' RIGHTS IN INDIA

On 24 December 1986 Govt. of India enacted



the Consumer Protection Act 1986 to:

 Ensure Rights of Consumers
 Provide Remedies for deceived Consumers
Consumer Protection Act 1986 is
unique in the world

 Exclusive courts for consumer

disputes in all districts, state
and national capitals.
 6 consumer rights specified.
 Consumer Protection Councils from
national to state and district
levels.
 Covers private, public, cooperative
sectors.

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CONSUMERS NEED PROTECTION AGAINST

 Unfair trade practice

 Restrictive trade practice

 Defects

 Deficiencies

CONSUMERS NEED PROTECTION AGAINST

 UNFAIR TRADE PRACTICE

Ø Adopting unfair methods or deception to promote
sale, use or supply of goods or services e.g.
Ø Misleading public about price (e.g. bargain price
when it is not so).
Ø Charging above MRP printed.
Ø Misleading public about another’s goods or
services.
Ø Falsely claiming a sponsorship, approval or
affiliation.
Ø Offering misleading warranty or guarantee.



CONSUMERS NEED PROTECTION AGAINST

 RESTRICTIVE TRADE PRACTICE

• Price fixing or output restraint re: delivery/flow
of supplies to impose unjustified
costs/restrictions on consumers.
• Collusive tendering; market fixing territorially
among competing suppliers, depriving consumers of
free choice, fair competition.
• Supplying only to particular distributors or on
condition of sale only within a territory.
• Delaying in supplying goods/services leading to
rise in price.
• Requiring a consumer to buy/hire any goods or
services as a pre-condition for buying/hiring
other goods or services.

CONSUMERS NEED PROTECTION AGAINST

 DEFECTS
 Any fault, imperfection or shortcoming in the quality, quantity,
potency, purity or standard which is required to be maintained
by or under any law for the time being in force or under any
contract express or implied or as is claimed by the trader in
any manner whatsoever in relation to any goods.

 DEFICIENCY
 Any fault, imperfection, shortcoming or inadequacy in the quality,
nature and manner of performance which is required to be
maintained by or under any law for the time being in force or
has been undertaken to be performed by a person in pursuance of
a contract or otherwise in relation to any service.

Consumer's Rights under the Consumer
Protection Act 1986

1. Right to SAFETY against hazardous goods and

services.
2. Right to be INFORMED about quality, quantity,
purity, standard, price.
3. Right to CHOOSE from a variety at competitive
prices.
4. Right to BE HEARD.
5. Right to seek REDRESSAL.
6. Right to CONSUMER EDUCATION.
 ALERT
ü BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED ABOUT THE
QUALITY OR QUANTITY.
ü MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY
PURCHASE OF Rs.200 AND ABOVE.
ü IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF MANUFACTURE,
NET QUANTITY or WEIGHT & M.R.P is MUST.
ü If IMPORTED, it must carry the NAME & ADDRESS OF IMPORTER
WITH VALID REGISTRATION
ü DON’T PAY MORE THAN THE M.R.P.
ü ALWAYS LOOK FOR THE DATE OF MANUFACTURE AND DATE OF
EXPIRY / BEST BEFORE IN CASE OF EDIBLE AND MEDICINES .
ü
Bodies to Facilitate Awareness
 Central Consumer Protection Council.
 State Consumer Protection Council.
 District Consumer Protection Council (only
W.B. has constituted Kolkata CPC for a
metropolis).
 District Consumer Information Centre (so
far 2 in Kolkata, 1 each in Hooghly,
Nadia, Paschim Medinipur, South 24
Parganas & Bankura).
 Jagriti Shivir Yojana for Antyodaya &
Annapurna Yojanas (BPL category 12
districts).
 Markets till GP level on GIS (unique to
W.B.).
 Consumer Complaint Cells of Business 15
Procedure for Filing a
Complaint Under Consumer
Protection Act

 File in triplicateon plain paper to

the District Consumer Disputes
Redressal Forum where the
seller has his business or
residence or where the cause
of action arises.
 File complaint within 2 years
from the date of the cause of
action.

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 Essential Information in the
Application
 Name and full address of complainant
 Name and full address of opposite party
 Description of goods and services
 Quality and quantity

 Price

 Date & proof of purchase

 Nature of deception
 Type of redressal prayed for

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Benefits

 No lawyer or agent is
necessaryfor
necessary filing complaint or
to make submission. If due to
lawyer’s conduct consumer
suffers, it is a deficiency in
service open to redress.
 Nominal fees payable as per table
below. No charges for despatching
notices to opposite parties etc.
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
Fees payable
   District Forum
Value and compensation claimed - Fee
 Upto Rs 1 Lakh Rs
100
 Rs 1 lakh & above but < Rs 5 lakh Rs
200
 Rs 5 lakh & above but < Rs 10 lakh Rs
400
 Rs 10 lakh & above but < Rs 20 lakh Rs
500

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Benefits

 Every complaint shall be heard

and disposed of within 90
days (150 days in case of lab
test) from the date of receipt of
notice by the opposite party.
 No adjournment shall
ordinarily be granted.
granted If
granted, reasons to be recorded.

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Redressal a Consumer May Seek
 Removal of defects in goods or
deficiency in services.
 Replacement of defective goods.

 Refund against defective goods or

deficient services.
 Compensation.

 Prohibition on sale of hazardous

goods.

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For your money’s worth during any
purchase:
1.Insist on a cash memo if the price
is >/= Rs.200.
2.Insist on HALLMARK for your
money’s worth in purity of gold
ornaments.
3.Check for mandatory declarations
on packing
(weight/quantity/best before).
4.Don’t pay more than the MRP.
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STANDARD MARKS AND LABELS

 Standardization mark is a mark or symbol

given to a product, which meets certain
standards with respect to the quality in terms
of material used, methods of manufacturing,
labeling, packaging and performance.
Buyer Be AWARE:
AWARE look for~
1.ISI mark on baby food, mineral water,
electrical and cooking gas
appliances, pressure cookers,
cement, steel, etc.

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ISI MARK

1.This guarantees quality of every

batch in production process (use of
components, testing standard of
product, in-process checks, qualified
technical personnel).
2.ISI licence is granted by the BIS for 1
year only and performance of
manufacturer is monitored before
renewal.
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HALLMARK for GOLD ornaments:
licence granted to manufacturer on
meeting IS-1417 for purity

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 What is HALLMARK
Jewellery is hallmarked from a BIS
recognised Assaying &
Hallmarking Centre (A&HC).
5 compulsory symbols make

Hallmark:
 BIS logo.
 Fineness in millesimal number.

 Assaying & Hallmarking Centre’s

mark.
 Year of marking (‘A’ = 2000).
 Logo of BIS certified 27
HALLMARK indicates the jewellery
conforms to the marked fineness of
gold content. DON’T trust Karat
meter which tests only surface
fineness
 958 = 23 carat

 916 = 22 carat

 875 = 21 carat

 750 = 18 carat

 585 = 14 carat

 375 = 9 carat

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Consumer check~
AG mark on the pouch/ container for


purchase of pulses, rice, wheat,

flour, edible oil, ghee, butter,
honey, spices etc.

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 BUY ONLY
 FPO mark on the container or
packages of processed food or
agricultural produces (jam, jelly,
sauce, fruit juice, pickles etc.)

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ECOMARK 1991
 Every consumer product we
buy has an impact on the
environment.
 It is important to know which
ones have less impact to
improve the quality of the
environment and to
encourage sustainable
management of resources.
31
Protecting the Consumer~
Standards of Weights & Measures Act
& Rules
 The weighing balance

 The measuring rod &

 The calibrated container

are the tools for consumer

protection

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In a Shop CHECK~
 Verification Certificate of ILM must be
displayed prominently in all shops
using weights/measures.
 A weighing balance not of metal and
without pointer is illegal.
illegal It does not
display the correct weight.
 Every weight has to be stamped on the
reversewith
reverse the last two digits of the
year (e.g. 03 for 2003) & the unit no. of
the Inspector. Refuse non-standard
weights like stones, iron pieces etc. and
if the lead filling is missing on
reverse.
reverse 33
Balances and Weights
 Any balance and scale made of
wood and using string to
suspend the pans is illegal.
 For sale of waste paper check that the
buyer’s weights are stamped up to
date and he uses a metal beam
scale with pointer linked by
unrusted chains to metal pans.
 On electronic weighing
instruments the verification seal
is on a plate fixed to it.
 Weight of tray not to be included
with veg/fruit bought. 34
Cloth, Alcohol, Sweets
 When buying cloth check the measuring rod is
of steel of one metre or more with the
ILM 's seal at either end.
 Packed readymade garments must have sizes
only in cms.
cms “XXL, XL, L, M, S” etc. are
illegal and do not indicate exact
measurement.
 For dispensing alcohol, the peg measure must
be of glass or brass that is well-tinned
or silver-plated.
silver-plated Standard pegs are of 60
ml. (1 peg) and 30 ml. (1/2 peg) bearing
2003 verification seal.
 Sweets,
Sweets including those in syrup (rossogulla,
gulabjamun), must be sold by weight.
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Jewellery & Rations
 Jewellery and Ration Shops shall
have weighing scales clearly
visible and close to the
consumers.
 Jewellery shops must use only
class-I or class-II balances
protected from breeze, any
disturbance and verified up to
date.
 For your own protection, insist on
HALLMARK gold ornaments with
BIS logo & marked fineness.
fineness 36
PACKAGED COMMODITIES RULES
Every package shall carry~
1.Name and Address of Manufacturer
or Packer.
2.Net quantity of the package (NOT
gross or “weight when
packed”).
3.If sold by number, the number
contained in the package.

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Every Package Shall Carry~
4. Month and year of manufacture or pre-
packing.
5. In case of food items, ‘best before’ or

expiry date.
6. If imported, name and address of the

importer with valid registration.

7. MRP inclusive of taxes. No pre-

packed commodity can be sold

above the declared MRP in shops,
hotels, restaurants, bars
(including bottled water, soft and
hard drinks).
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L.P.G.
 Check the weight of the cylinder with
the spring balance available with
the distributor or the delivery man.
 The net quantity is 14.2 kg while the
empty cylinder weight is 15 to 17
kg.
 If you take delivery from the
distributor’s store you pay Rs.8/-
less.
less
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P . O . L.
 Fuel Stations must display
conspicuously a verified 5 ltr. can
by which you can check the
quantity of the actual supply.
 Totaliser is mandatory for every fuel
station to check accuracy of
dispensing unit.
 The Anti-Adulteration Cell will check
any complaint regarding spurious
P.O.L.
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Kerosene Oil
 Check ILM’s verification on the
measure and the bottom that
should have no cut mark or dent
or re-welded.
 Ensure measure is filled to the top
hole.
 There should be no lather in the
drum or measure.
 Ensure there is no wax or sponge
in the measure. 41
Insurance Regulatory and
Development Authority


It is located at:

Parisrama Bhavanam 3rd Floor,
Basheerbagh
Hyderabad 500 004.
Ph: 040-55820964, 55789768
Fax:040-55823334

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Insurance Council
 The Insurance council comprises of
members of the Life Insurance Council
and General Insurance Council formed
under Section 40 C of the Insurance Act,
1938. Its governing body consists of
representatives of insurance companies.
 It issues orders of appointment of the
insurance Ombudsman on the
recommendations of the committee
comprising of Chairman IRDA, Chairman
LIC, Chairman GIC and a representative
of the Central Government.
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Governing Body of Insurance Council
Address and contact number:


Secretary General
Governing Body of Insurance
Council
Jeevan Seva Annexe
3rd Floor (Above MTNL)
S.V. Road, Santacruz (W)
Mumbai - 400 054
Tel. No. : 022 - 610 6889
Fax No. : 022 - 6106980, 610 44
Insurance Ombudsman
 The institution of Insurance Ombudsman
was created by Govt of India for quick
disposal of grievances of insured
customers and to mitigate their
problems involved in redressal of those
grievances.
 An Insurance Ombudsman is appointed
regionally to attend to complaints
relating to Insurance. For West Bengal,
Bihar, Jharkhand, Andaman & Nicobar
Islands, Sikkim he is located at: North
British Bldg. 29, N.S.Road, 3rd Flr,
Kolkata-1. Ph: 22212666 / 22212669,
Fax: 22212668. 45
Remind Ourselves:
THE CUSTOMER IS ALWAYS
RIGHT
24 December~.


vNational Consumer Day

 15 March~

v World Consumer Rights Day for

celebration and solidarity within the
international consumer movement. [4
basic consumer rights declared by
President Kennedy on 15 March 1962.
First observed on March 15, 1983.]

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