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MEANING
• Consumer protection refers to protecting the consumer against anti‐ consumer trade
practices by the producers or sellers.
• caveat emptor, which means “Let the buyer beware”
• caveat venditor which means “Let the seller beware”
• Consumers are be exposed to risks due to exploitative and unfair trade practices like
defective and unsafe products, adulteration, false and misleading advertising, hoarding,
black-marketing etc.
• Thus, there is a need to provide adequate protection to consumers against such practices
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1. Consumers Ignorance: Majority of consumers are not aware of their rights and reliefs
available to them as a result of which they are continuously exploited. In order to save
consumers from exploitation, consumer protection is needed.
2. Unorganized Consumers: In India consumers are still unorganized and there is lack of
consumer organizations, which would act in their interests.
1. Long term Business Interest: It is always in the interest of the business to keep its customer
satisfied. Global competition could be won only after satisfying customers. Satisfied customers
lead to repeat sales and thus helps in increasing customer base of the business.
2. Business uses Resources of Society: Every business uses the resources of the society and thus
it is their responsibility to work in the society’s interest .
3. Social Responsibility: A business has social responsibilities towards various groups like
owners, workers, government, customers etc. Thus, customers should be provided with quality
goods at reasonable prices.
4. Moral Justification: It is the moral duty of any business to act in favour of consumer’s
interest & avoid any form of exploitation & unfair trade practices like defective & unsafe
products, adulteration, false and misleading advertising, hoardings, black marketing etc.
5. Government Intervention: If a business engages in any form of unfair trade practices then
government takes action against it, which will adversely affect the goodwill of the company.
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CONSUMER PROTECTION ACT, 1986 (CPA, 1986)
Set up to protect and promote consumers interests through a speedy and inexpensive redressal of
grievances.
Recognizes consumer rights and safeguard their interests.
A three-tier redressal agency to address consumer grievances, has been set up constituting of
District Forums , State and national commissions.
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6. Adulteration Act, 1954:
This Act aims to check adulteration of food articles and ensure their purity so as to maintain
public health.
CONSUMER RIGHTS
Consumer Protection Act, 1986 has provided six rights to the consumers, which are as follows:
1. Right to Safety:
Consumer has the right to be protected against products, & services which are hazardous to
health & life. E.g. ISI certification for electronic items.
2. Right to be Informed:
Consumer has right to have complete information about the product before buying it.
3. Right to choose:
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Consumer has a right to choose any product out of the available products as per his/ her own
interests.
4. Right to be heard:
Consumer has the right to file a complaint to be heard in case of dissatisfaction with goods or
services (use of grievance cell).
CONSUMER RESPONSIBILITIES
A consumer has to follow certain responsibilities while purchasing, using and consuming goods.
1. Be aware about the various products available in the market so that an intelligent and wise
choice can be made.
2. Buy only standardized goods as they provide quality assurance. Thus, look for ISI mark on
electrical goods, FPO mark on food products, Hallmark on jewelry etc.
3. Follow instructions related to the product and learn about the risks associated with products,
and use it safely.
4. Read labels carefully to gain information about prices, net weight, manufacturing and expiry
dates, etc.
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5. Assert yourself to ensure that you get a fair deal.
6. Be honest in your dealings and purchase only legal goods and services and discourage
unscrupulous practices like black marketing, hoarding etc.
7. Ask for a cash memo on purchase of goods or services. This would serve as a proof of the
purchase made.
9. Form consumer societies which would play an active part in educating consumers and
safeguarding their interests.
2. Business Associations: FICCI and CII have laid down their code of conduct which lay down
for their members the guidelines in their dealings with the customers.
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5. Government: The government protects the interests of the consumers by enacting various
protective measures.
1. Any consumer.
For the redressal of consumer grievances the act provides a three–tier machinery as:
1. DISTRICT FORUM
District forum are set up in each district by the state concerned. The important features are:
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(a) It consists of a President and two members, one of whom should be a woman, duly appointed
by State Govt.
(b) The value of the goods or services in question, along with the compensation claimed, does
not exceed Rs. 20 lakhs.
(c) On receiving the complaint, the district forum shall refer the complaint to the opposite party
concerned and send the goods or sample for testing in a laboratory.
(d) The district forum after being satisfied that goods are defective or there is some unfair trade
practice can issue an order to opposite party directing to either replace or return the price or pay
compensation. In case the aggrieved party is not satisfied with the district forums order, they can
appeal before state forum within 30 days of passing an order.
2. STATE COMMISSION
(a) Each commission consists of a president and at least 2 members appointed by State
Government and one should be a woman.
(b) The value of the goods or services along with the compensation claimed, exceeds Rs. 20
lakhs but does not exceed Rs. 1 crore.
(c) On receiving the complaint, the state commission can also refer the complaint to opposite
party and send the goods for testing in laboratory.
(d) The state commission after being satisfied can order the opposite party to either replace or
repay or pay compensation. In case the aggrieved party is not satisfied, they can appeal before
national commission within 30 days of passing an order.
3. NATIONAL COMMISSION
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It is setup by Central Govt. The provisions of act are:
(a) It consists of a President and at least 4 members appointed by Central Government, one of
them should be a woman.
(b) All complaints are pertaining to goods and services along with the compensation value of
more than Rs. 1 crore can be filed with national commission.
(c) On receiving the complaint, the national commission can also refer it to opposite party and
send goods for testing.
(d) The National Commission has the power to issue orders for replacing the product and to pay
the compensation for the loss etc.
RELIEF AVAILABLE
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• Cease manufacturing hazardous goods
• Pay an amount to consumer welfare fund (not less than 5%) to be utilized in the prescribed
manner
Some of the important consumer organisations and NGOs engaged in protecting and
promoting consumers’ interests include the following.
(i) Consumer Coordination Council, Delhi
(ii) Common Cause, Delhi
(iii) Voluntary Organisation in Interest of Consumer Education (VOICE), Delhi
(iv) Consumer Education and Research Centre (CERC), Ahmedabad
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(v) Consumer Protection Council (CPC), Ahmedabad
(vi) Consumer Guidance Society of India (CGSI), Mumbai
(vii) Mumbai Grahak Panchayat, Mumbai
(viii) Karnataka Consumer Service Society, Bangalore
(ix) Consumers’ Association, Kolkata
(x) Consumer Unity and Trust Society (CUTS), Jaipur
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