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Consumer Protection Act

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Consumer Protection Act

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CONSUMER

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.

2
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

3
What are the Rights of consumers?

4
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.

5
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..

6
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..

● 4. Right to be heard: The right to be heard and to be


assured that consumer's interests will receive due
consideration at appropriate fora.

7
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.

8
Unfair and Restrictive trade practices.

● What is Unfair Trade Practice?

An unfair trade practice refers to


that malpractice of a trader that
is unethical or fraudulent.
● These practices cause an
inconvenience or grievance to consumers.

9
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.

11
Restrictive trade practice

A restrictive trade practice is generally one which has the
effect of preventing, distorting or restricting competition.

In particular, a practice which tends to obstruct the flow of


capital or resources into the stream of production is an RTP.

Likewise, manipulation of prices, conditions of delivery or


flow of supply in the market which may have the effect of
imposing on the consumer unjustified costs or restrictions
are regarded as restrictive trade practices.

12
Restrictive Trade Practice

● Price fixing or output restraint re: delivery/flow of supplies to impose unjustified


● 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.

13
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.
15
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.

17
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

● Representatives of women-not less than ten

● Representatives of farmer, traders, and industries >20

19
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

20
● 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.

21
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

22
●.. Membership
. The District Consumer Protection
Council
(or the District Council) shall consist of the
following members, namely:

1) The Collector of the District (by whatever name


called), who shall be its Chairman; and
2) Such number of other official and non-official
members representing such interests as may be
prescribed by the State Government.

23
● 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

24
Consumer dispute forum

25
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

26
● 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.

27
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.

30
State Commission

● Section 16 of the Consumer Protection Act, 1986


empowers State Government to establish in each
State the State Consumer Dispute Redressal
Commission.

31
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.

32
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.

33
National Commission

● The Central Government shall establish a National Consumer


Disputes Redressal Commission. The National Commission
can entertain complaints where the value of goods and services
and the compensation, if any, claimed exceeds rupees one
crore.

● An appeal against the orders of the National Commission can


be filed in the Supreme Court within 30 days from the date of
the order.

34
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

35
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.
36
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.

37
38
IT ACT
● IT Act 2000: Objectives & Scope,
● Important definitions, E-Governance and offences &
Penalties

39
The objectives of the Act are as
follows:

● Grant legal recognition to all transactions done via electronic


exchange
● Give legal recognition to digital signatures
● Facilitate the electronic filing of documents with Government
agencies
● Facilitate the electronic storage of data
● Give legal sanction and also facilitate the electronic transfer of funds
between banks and financial institutions
● Grant legal recognition to bankers for keeping the books of accounts
in electronic form.
40
Scope of IT Act, 2000:
● The act shall apply to:The Act extends to whole of India and shall also apply to any
violation or contravention of the provisions of the Act done by any person anywhere in
the world.
● However the Act shall not apply to:
● A negotiable instrument
● The provisions of the Act shall apply to electronic cheques and the truncated cheques
as defined in Section 6 of the Negotiable Instruments Act,
● A power-of-attorney as defined in Section 1A of the Powers-of-Attorney Act, 1882:
● A trust as defined in Section 3 of the Indian Trusts Act, 1882.
● 4) A will as defined in clause (h) of Section 2 of the Indian Succession Act, 1925,
including any other testamentary disposition by whatever name called.
● 5) Any contract for the sale or conveyance of immovable property or any interest in
such property.
● 6) Any such class of documents or transactions as may be notified by the Central
Government in the Official 41
E-governance
● E-governance is a transition process from conventional to people-oriented
proactive electronic system.
● This is a big change in the mind-set of people, Putting it in a positive way,
it is not a change but a transition.
● It may not be achievable unless it slowly evolves among the people. All
communities of people should be attracted towards the system.
● To accept this transition process, the communities need to be trained and
educated.

42
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

43
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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.

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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4000

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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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Blue is the colour of the Red is the colour of danger Black is the color of ebony
clear sky and the deep sea and courage and of outer space

1 3 5

2 4 6

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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Gantt chart
Week 1 Week 2

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Task 1

Task 2 ◆

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Task 4 ◆

Task 5 ◆

Task 6

Task 7

Task 8

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SWOT Analysis
STRENGTHS WEAKNESSES
Blue is the colour of the Yellow is the color of
clear sky and the deep sea gold, butter and ripe
lemons

Black is the color of White is the color of milk


ebony and of outer space and fresh snow
OPPORTUNITIES THREATS

77
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Funnel

AWARENESS Insert your content

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INTENT Insert your content

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JOB TITLE JOB TITLE JOB TITLE JOB TITLE
Blue is the colour of the clear Blue is the colour of the clear Blue is the colour of the clear Blue is the colour of the clear
sky and the deep sea sky and the deep sea sky and the deep sea sky and the deep sea

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Competitor Matrix
HIGH VALUE 2

Competitor
Compet
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LOW VALUE 1

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