Consumer Protection Act
Consumer Protection Act
PROTECTION
ACT
WHO IS CONSUMER
● A consumers is:
● (1) Any person who buys any goods for a consideration
● (a) which has been paid or promised to be paid, or (b)
partly paid and partly promised to be paid ,or (c) under
any system of deferred payment.
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WHO IS CONSUMER
● consumer also includes any user of such goods other than
the person who buys goods for consideration paid or
promised to pay or under any other system of deferred
payment when such use is made with the approval of
such person, but does not include a person who obtains
such goods for resale or for any commercial purposes
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What are the Rights of consumers?
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What are the Rights of consumers?
● 1. Right to Safety:
The right to be protected against
the marketing of goods
and services, which are
hazardous to life and property.
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What are the Rights of consumers?
● 2. Right to be informed: The right to be informed about
the quality, quantity, potency, purity, standard and price
of goods or services, as the case may be so as to protect
the consumer against unfair trade practices..
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What are the Rights of consumers?
● 3. Right to Choose: The right to be assured, wherever
possible, access to a variety of goods and services at
competitive prices..
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What are the Rights of consumers?
● 5. Right to Redressal: The right to seek redressal against
unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers.
● 6. Right to Consumer Education: Consumer education is
a right that protects the consumer from large companies
that sell products and services.
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Unfair and Restrictive trade practices.
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The following practices fall under
unfair trade practice:
● 1. An oral or written statement or visible representation
that:
● – Falsely represents a good or service to be of a
particular standard, quality, grade and so on.
● – Falsely represents any re-built, second-hand,
reconditioned, renovated or old goods as new.
● – Represents that a good or service has sponsorship,
approval, uses, benefits and so on which they do not
have. 10
Restrictive Trade Practice
● The same could apply to the seller or service provider.
● – Makes a misleading or false representation regarding
the need and usefulness of any good or service.
● – Provides to the public any warranty or guarantee of the
performance of the length of the life of the product. A
service can be continued till deemed satisfactory.
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Restrictive trade practice
●
A restrictive trade practice is generally one which has the
effect of preventing, distorting or restricting competition.
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Restrictive Trade Practice
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Syllabus
● Consumer Protection Act:
● Definitions: Consumer, Defect and Deficiency.
● Rights of Consumer.
● Unfair and Restrictive trade practices.
● Role and Functions of Consumer Protection Councils.
● Consumer Forum; Structure and jurisdiction. Power of
consumer forum.
● Remedies under act.
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Role and Functions of Consumer
Protection Councils.
● These councils work towards the promotion and protection of
the rights of the consumers.
● They give publicity to the matters concerning consumer
interest, take steps towards furthering consumer education and
protecting consumer from exploitation.
● They advice the Government in matter of policy formulation
regarding protection of the consumer rights.
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1. The Central Consumer Protection
Council:
● The Central Govt by a notification in the official gazette shall establish a
council to be known as "The Central Consumer Protection Council" (Central
Council).
● The Central Council shall consist of the following members.
● (a) The Minister In-charge of Consumer Affairs in the Central Government,
who shall be its Chairman.
● (b) Such members of other official or non official members representing
such interests as may be prescribed.
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CONSTITUTION OF CENTRAL
COUNCIL:
Minister in charge of the Consumer Affairs in the Council Government who will
Be the Chairman of the Central Council.
● the minister in charge of the Consumer Affairs in the Central Government
who shall be the Vice Chairman of the Central Council
The minister In change of the Consumer Affairs in States
● Members of Parliament five from Lok Sabha and three from Rajya Sabha
● The Secretary of the National commission for Schedule Cast and Schedule
Tribes
● Representatives of the Central Government Department and autonomous
organisations concerned with consumer interest- not exceeding twenty
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● Representatives of the Consumers Organisations or Consumers max-35
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State Consumer Protection Councils
● The State Government may, by notification, establish with effect from such date as it
may specify in such notification, a Council to be known as the Consumer Protection
Council referred to as the State Council.
● Membership
● The State Council shall consist of the following members, namely:
● 1) The Minister-in-Charge of consumers affairs in the State Government who shall be
its Chairman; and
● 2) Such number of other official or non-official members representing such interest as
may be prescribed by the State Government
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● Meetings
● The State Council shall meet as and when necessary but not less
than 2 meetings shall be held every year.
● Time and Place of Meetings and Procedure
● The State Council shall meet at such time and place as the Chairman
may think fit and shall observe such procedure in regard to the
transaction of its business as may be prescribed by the State
Government.
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DISTRICT CONSUMER PROTECTION
COUNCIL
● Establishment
● The State Government shall establish for every district,
by notification, a council to be known as the District
Consumer Protection Council with effect from such date
as it may specify in such notification
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●.. Membership
. The District Consumer Protection
Council
(or the District Council) shall consist of the
following members, namely:
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● Objects of the District Council The objects of every
District Council shall be to promote and protect within
the District the rights of the consumer
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Consumer dispute forum
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District forum
● Composition of District The District Forum shall consist
of:
● 1) A person who is, or has been, or is qualified to be a
District Judge nominated by the State Government who
shall be its President.
● 2) Two other members, one of whom shall be a woman
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● Qualification of MembersThe member shall have
following qualifications:
● 1) Not less than 35 years of age.
● 2) Possess a Bachelor's Degree from recognised
University.
● 3) Person having judicial background.
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jurisdiction
● The District Forum shall have jurisdiction to entertain complaints
claimed does not exceed "rupees twenty lac".
● complaint shall be instituted in a District Forum within the local
limits of whose jurisdiction:
● 1) The opposite party (i.e., the person who answers complaint or
claim) actually and voluntarily resides or carries on business or has a
branch office, or personally works for gain.
● 3) The cause of action, wholly or in part, arises.
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POWERS OF DISTRICT
COUNCIL
● Power to Issue an Order:
● To take out the deficiency from service in question or
take out defect in case of goods if any.
● To improve the service or replace the product of similar
description in case of goods.
● For paying back prices or charges paid by the
complainant.
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● To stop resorting unfair trade practices or restrictive trade practices.
● To compensate the consumer for the loss or injury occurred due to
negligence of the opposite party.
● To discontinue offering hazardous goods from being offered for sale.
● Directing the opposite party to neutralize the effect of misleading
advertisement on the cost of opposite party responsible for issuing
such misleading advertisement.
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State Commission
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Composition of State Commission
● Each State Commission shall consist of:
● 1) A person who is or has been judge of a High Court appointed by the State
Government who shall be its President.
● 2) Two other members who shall be persons of ability, integrity and standing
and have adequate knowledge or experience of or have shown capacity in
dealing with problems relating to Economics, Law, Commerce, Accountancy,
Industry, Public Affairs or Administration. One of them shall be a woman.
● An appeal against the orders of a State Commission can be filed before the
National Commission within 30 days from the date of the order.
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Jurisdiction
The State Commission shall have jurisdiction:
1) To entertain:
i) Complaints where the value of the goods or services and compensation, if
any, claimed exceeds "rupees twenty lac but does not exceed rupees one crore".
ii) Appeals against the orders of any District Forum within the State.
2) To call for the records and pass appropriate orders in any consumer dispute which
is pending before or has been decided by any District Forum within the State where
it appears to the State Commission that such District Forum:
i) Has exercised a jurisdiction not vested in it by law, or
ii) Has failed to exercise a jurisdiction so vested, or
iii) Has acted in exercise of its jurisdiction illegally or with material
irregularity.
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National Commission
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Composition
● The National Commission shall consist of:
● 1) A person who is or has been a Judge of the Supreme Court, to be appointed by the
Central Government, who shall be its President. However, no appointment under this
Clause shall be made except after consultation with the Chief Justice of India.
● 2) Four other members who shall be persons of ability, integrity and standing and have
adequate knowledge or experience of, or have shown capacity in dealing with problems
relating to Economics, Law, Commerce, Accountancy, Industry, Public Affairs or
Administration. One of these members shall be a woman. However, every appointment
under this Clause shall be made by the Central Government on the recommendation of a
selection committee consisting of the following namely
● i) A person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of
India - Chairman.
● ii) The Secretary in the Department of Legal Affairs in the Government of India - Member.
● iii) Secretary of the Department dealing with Consumer Affairs Government of India -
Member
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Powers of National Commission
Section 13(4) of the Consumer Protection Act has given some powers of civil court to the
Consumer Forums and apart from these powers; some additional powers have been given to
them under the Rules 10 of the Consumer Protection Act, 1987. At the end, Section 14 has
empowered the Consumer Forum to issue an order. Some of the powers of National
Commission are as follows:
1) PowerLIKE to those of Civil Court;
2) Power like a Criminal Court;
3) Power to make summary judgement;
4) Additional powers of the Consumer Forums;
5) Power to issue an order; and
6) Executive powers.
all The above mentioned powers are exercised by District Forum under its own territory
likewise all these powers are also exercised by the National Commission under its own
jurisdiction. In addition to all these powers, an exclusive power has been given only to National
Commission.
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Jurisdiction
● Subject to the other provisions of this Act, the National Commission shall have
jurisdiction:
● i) Complaints where the value of the goods or services and compensation, if
any, claimed exceeds "rupees one crore", and
● ii) Appeals against the orders of any State Commission.
● 2) To call for the records and pass appropriate orders in any consumer dispute
which is pending before or has been decided by any State Commission where it
appears to the National Commission that such State Commission:
● i) Has exercised a jurisdiction not vested in it by law, or
● ii) Has failed to exercise a jurisdiction so vested, or
● iii) Has acted in the exercise of its jurisdiction illegally or with material
irregularity.
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IT ACT
● IT Act 2000: Objectives & Scope,
● Important definitions, E-Governance and offences &
Penalties
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The objectives of the Act are as
follows:
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offences & Penalties
● Publishing of Information which is Obscene in
Electronic Form
● Penalty for Misrepresentation
● Penalty for Breach of Confidentiality and Privacy
● Penalty for Publishing Digital Signature
Certificate False in certain Particulars
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Hello!
I am Jayden Smith
I am here because I love to give
presentations.
You can find me at @username
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Let’s start with the first set of slides
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Is the color of gold, butter Is the colour of the clear Is the color of blood, and
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spectrum of visible light, located between violet historically been
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Let’s review some concepts
Yellow Blue Red
Is the color of gold, butter and ripe Is the colour of the clear sky and Is the color of blood, and because
lemons. In the spectrum of visible the deep sea. It is located between of this it has historically been
light, yellow is found between violet and green on the optical associated with sacrifice, danger
green and orange. spectrum. and courage.
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Timeline
Blue is the colour of the Black is the color of Yellow is the color of Blue is the colour of the
clear sky and the deep Red is the colour of ebony and of outer gold, butter and ripe White is the color of clear sky and the deep
sea danger and courage space lemons milk and fresh snow sea
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Yellow is the color of White is the color of Blue is the colour of the Red is the colour of Black is the color of Yellow is the color
gold, butter and ripe milk and fresh snow clear sky and the deep danger and courage ebony and of outer of gold, butter and
lemons sea space ripe lemons
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Yellow is the color of gold, White is the color of milk Blue is the colour of the
butter and ripe lemons and fresh snow clear sky and the deep sea
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