Consumer Protection Act Project (Ibrahim)33333333

7/28/2019 Consumer Protection Act Project (Ibrahim)33333333

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This is to certify that (Name)Ismail A.S Hamdulay

student of S.Y B.Com (Roll No) 2917 from Pillais College has done his

4th

semester project in CO-OPERATIVES & RURAL MARKETS.

The project work entitled CONSUMER

PROTECTION ACT, 1986. Embodies the original work done by during

the 4th

semester project period.

Teacher incharge Head of Department


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ACKNOWLEDGEMENTIts great opportunity to acknowledge the Prof. sir.

He is the one who provided me continues source of information

under his great guidelines and support. I had tried to make the

project possible and desirable as he needed.

I am thankful to all of them for guiding me in

correct way to make my project comparitable.


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INDEX

SR.NO CONTENTS1 INTODUCTION

2 HISTORICAL PERSPECTIVE

3 MEANING & DEFINITION

4 OBJECTIVES

5 FEATURES

6 CONSUMER RIGHTS

7 STRUCTURE OF CONSUMER PROTECTIONACT

8 CONTENTS OF CONSUMER COMPLAINT

9 CONCLUSION

10 BIBLIOGRAPHY


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INTRODUCTIONConsumer rights are an integral part of our

lives like the consumerist way of life. We have all made use of them

at some point in our daily lives. Market resources and influences

are growing by the day and so is the awareness of ones consumer

rights. These rights are well defined and there are agencies like the

Government, consumer courts and voluntary organizations that

work towards safeguarding. While we like to know about our rights

and make full use of them, consumer responsibility is an area

which is still not demarcated and it is hard to spell out that all the

responsibility is that a consumer is supposed to shoulder.

Consumer Protection Act, 1986 is an important

Act in the history of the consumer movement in the country. The

Act was made to provide for the better protection and promotion of

consumer rights through the establishment of consumer councils

and quasi-judicial machinery. It is mile stone in the history of socio-

economic legislation and directed towards public welfare and public

benefits.

The CPA was passed by the Lok Sabha on 5th

December 1986 and Rajya Sabha on 10th December, 1986 and

assented to by the president in the Gazette of India.


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Extra Part II: Section 1 dated 26.12.1986.and at PP 1-12

called, the CPA 1986 (Act No.66 of 1986) and the preamble states

that,An Act provide for better protection of the interest of the

consumers and for that purpose to make provisions for the

establishment of consumer councils and other authorities for

the settlement of consumers dispute and for matters

connected therewith.

Under the Act, consumer disputes redressal

agencies have been set up throughout the country with the District

Forum at the District level, State Commission at the State level and

National Commission at national level to provide simple,

inexpensive and speedy justice to the consumer with complaints

against defective goods, deficient services and unfair and restrictive

trade practices1.

The Law relating to consumer protection in

India is at recent origin and is developing slowly, day by day, with

the pronouncement of orders passed by the commissions

constituted under the Act all over India and the National

Commission2. However the presence of some protective Laws for the

benefits of consumer in the ancient culture cannot be denied.


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HISTORICAL PERSPECTIVES

In the early years when welfare legislatures like the

consumer protection Act did not exist, the maxim Caveat emptor

(let the buyer beware) governed the market deals. We find the seeds

of consumer protection during the Mughal times and especially

during the time of Khiljis. It is said that Sultan Ala-ud-Din Khilji

(1296 A.D. to 1316 A.D.) had introduced strict price controlmeasures based on production costs. He had also established

separate shopping centers in Delhi for (1) grain, (2) cloth, sugar,

dried fruits, herbs, butter, and oil, (3) horses, slaves, and cattle,

and (4) miscellaneous commodities. The supply of grain was

ensured by collecting tax in kind in the production areas and

keeping it in the royal storehouses. Hoardings of grain were

forbidden. Elsewhere the growers were ordered to sell their grains

for cash in their fields at fixed prices and were not allowed to take

any grain home for private sale. The market controller, the state

intelligence officer, and the Sultans secret agents, each submitted

independent reports on these shopping centers to the Sultan. Even

a minor violation of the rules was not tolerated.

The shopping center for cloth, known as the sara-i-adl, was

established near one of the royal palaces on the inner side of the

Bada-un-Gate. All goods, including foreign imports, were first taken

there and their price fixed. Every merchant was registered with the


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commerce ministry and had to sign a bond guaranteeing a regular

supply to the goods in which they traded. The Hindu Multani

merchants were advanced money by the treasury to import rare

commodities for the sara-i-adl, some price were subsidized. Costly

fabrics and luxury goods could be sold only to those who have

obtained permits from the Government. The prices of cattle were

also fixed and unscrupulous merchants were deprived of their

trading rights

During the British regime (1765-1947), also known as the

Colonial Era, Governments economic polices in India were

concerned more with protecting and promoting the British interests

than with advancing the welfare of the native population. The

administrations primary per-occupation was with maintaining law

and order, tax collection and defence. Accordingly much of the

legalisation enacted during the British regime was primarily aimed

at serving the colonial rulers intend of the natives. There were,

however, some pieces of legislation which protected the overall

public interest through not necessarily the consumer

interest.Prominent among these were: the Indian Penal code, 1860,

the sale of Goods act, 1930, the dangerous drugs act, 1930 and the

drugs and cosmetics act, 1940. In a sense, the sale of good act, and

the principles of the law of torts were more for the protection of thetrader than the consumer.


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MEANINGAs the preamble of CPA 1986 reflect; this socio-

economic Law was enacted to provide for the better protection of the

interest of consumers and for that purpose the CPA 1986 seeks to

provide speedy and simple redressal to consumer dispute. In

Charan Singh v. Healing Touch Hospital the Honble Supreme Court

has made important observations on the object of the act.

DEFINITIONS.2(1)d of the act defined consumer as Consumer means any

person who-

(i) Buys any goods for a consideration which has been paid or

promised or partly paid and party promised or under any system of

deferred payment and includes any user of such goods other than

the person who buys such goods for consideration paid or promised

or partly paid or partly promised, or under any system of deferred

payment when person, but does not include with the approval of

self person, but does not include a person who obtains such goods

for resale or for any commercial purpose or

(ii) {Hires for avails of} any services for a consideration which has

been paid promised or partly paid or partly promised or under any

system of differed payment and includes any beneficiary of such


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services other than the person. [hires or avails of ] the services for

consideration paid or promised or partly paid or partly promised,

under any system of differed payment, when such services are

availed or with the approval the first mentioned person.


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OBJECTIVES(a) To assist countries in achieving or maintaining adequateprotection for their population as consumers;

(b) To facilitate production and distribution patterns responsive tothe needs and desires of consumers;

(c) To encourage high levels of ethical conduct for those engaged inthe production and distribution of goods and services to consumers;

(d) To assist countries in curbing abusive business practices by allenterprises at the national and international levels which adverselyaffect consumers;

(e) To facilitate the development of independent consumer groups;

(f) To further international cooperation in the field of consumerprotection;

(g) To encourage the development of market conditions which

provide consumers with greater choice at lower prices.


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FEATURESFollowing are the features of the Act are:1)The Act aims to provide better and all-round protection toconsumers.2) In terms of geographical application, it applies to the whole ofIndia except the State of Jammu and Kashmir.3) It applies to all goods and services unless otherwise expresslynotified by the Central Government.4) It is indeed a very unique and highly progressive piece of socialwelfare legislation and is acclaimed as the magna carta of Indianconsumers. The Act has made the consumer movement really going

and more powerful, broad-based and effective and people oriented.In fact, the Act and its Amendment in 1993 have brought freshhopes to the beleaguered Indian consumer. This is the only lawwhich directly pertains to market place and seeks to redresscomplaints arising from it. Even prior to 1986, there were in force anumber of laws which could be interpreted in favour of theconsumers. But, this Act is most powerful piece of legislation theconsumer has had before 1986. Its provisions are verycomprehensive and highly efficacious.

In fact, it provides more effective protection to consumers than anycorrespondinglegislation in force even in countries which are considered to bemuch more advanced.

5) It provides effective safeguards to the consumers against differenttypes of exploitation such as defective goods, unsatisfactory (ordeficient) services and unfair trade practices.


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CONSUMER RIGHTSConsumers in the advanced countries, obviously,

are much more conscious of their rights than in countries like

India.

1. Right against exploitation by unfair trade practices.

2. Right to protection of health and safety from the goods and

services the consumers buy or are offered free.

3. Right to be informed of the quality and performance standards,

ingredients of the product, operational requirements, freshness

or the product, possible adverse side effects and other relevant

facts concerning the product or service.

4. Right to be heard if there is any grievance or suggestions.

5. Right to get genuine grievances redressed.

6. Right to choose the best from a variety of offers.

7. Right to physical environment that will protect and enhance the

quality of life.


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STRUCTURE OF CONSUMERPROTECTION ACTThe Act envisages a three- tier quasi-judicial machinery at theNational, State and District levels.

National Consumer Disputes Redressal Commission - known as"National Commission" deals with complaints involving costs andcompensation higher than Rs. One Crore.

State Consumer Disputes Redressal Commissions - known as"State Commission, deals with complaints involving costs andcompensation higher than Rs. Twenty Lakhs and less than Rs.One Crore.

District Consumer Disputes Redressal Forums - known as"District Forum, deals with complaints involving costs andcompensation less than Rs. Twenty Lakhs.


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CONTENTS OF CONSUMER

COMPLAINTProcedures for filing complaints and seeking redressal are simple.There is no fee for filing a complaint before the District Forum, theState Commission or the National Commission. ( A stamp paper isalso not required). Three to five copies of the complaint on plainpaper are required to be submitted by the complainant or hisauthorized agent in person or could be sent by post to theappropriate Forum / Commission.

A complaint should contain the following information:-

(a) The name, description and the address of the complainant.(b) The name , description and address of the opposite party orparties, as the case may be, as far as they can be ascertained;(c) The facts relating to complaint and when and where it arose;(d) Documents, if any, in support of the allegations contained in thecomplaint.

(e) The relief which the complainant is seeking.

The complaint should be signed by the complainant or hisauthorized agent.The complaint is to be filed within two years from the date on whichcause of action has arisen.


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CONCLUSION:-I can conclude that very few consumers

Are fully aware about the rights, responsibilities andConsumer Protection Act. Hence, it isnecessary to educatethem on their rights and responsibilities as consumers, tomake them vigilant, rational and aware buyers. Thegovernment has been fruitful in providing protection tothe consumers in the real sense of the term and served thepurpose of the Act. It is hoped that further improvement inthe act would aim at even more efficiency and render the

position of the consumers much stronger in this era ofglobalization and privatization where the suddenunchecked advent of Multi National Companies has to bebalanced with the protection of the rights of the consumersby the legislature and the judiciary.


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BIBLIOGRAPHY

www.google.comwww.wikipedia.comCo-operative & rural markets S.Y

B.Com text book
http://www.google.com/http://www.wikipedia.com/http://www.wikipedia.com/http://www.google.com/