National Obligation Under Various Laws And Fair Trade Practices
Consumer Protection Protection
Consumer Protection Act • (1) This Act may be called the Consumer Protection Protection Act, 1986. (2) It extends to the whole of India ex except cept the State of Jammu and Kashmir. (4) Save as otherwise expressly expressly provided by the Central Government by notification, this Act shall apply to all goods and services.
OBJECTIVES OF THE ACT Objective to protect and promote the following rights of the consumers:
• The right to be protected against the marketing marketing of the goods which are hazardous to the life and property.
• The right to be informed about the quality, potency, purity, standard and price of the goods to protect the consumer against unfair trade practices.
• The right to be assured , wherever possible , access to variety of goods at competitive prices.
• The right to seek redressal against against the unfair trade practices or unscrupulous exploitation exploitation of consumers and
• Right to consumer education. • To provide speedy and simple redressal machinery to settle consumer disputes.
Consumer Duties and Responsibilities 1) Subs Substa tant ntia iate te the the Com Compl plai aint nt 2) Listen to to Se Seller 3) Coop Cooper erat ate e wit with h the the Sel Selle lerr if if Nee Neede ded d 4) Avoid void Inco Inconv nven enie ienc nce e to Othe Others rs 5) Do not not Per Perso sona nali lize ze Issu Issues es 6) Not len lend sel selff to to oth othe ers
Consumer Duties and Responsibilities (Contd.) 7) Be Well Inf Informed 8) Unders Understan tand d the the Grieva Grievance nces s Redr Redress essal al proces process s 9) Avoid Avoid Impuls Impulsive ive Buying Buying(( Unpl Unplann anned ed Buying Buying)) 10) Buy Goods from Authoriz Authorized ed Agents Agents
How are Indian consumers exploited? exploited?
1) Exorbi Exorbitan tantt Pric Prices es of Produc Products ts and Servic Services es 2) Dece Decept ptiv ive e Sell Sellin ing g Prac Practi tice ces s 3) Fals False e and Mis Misle lead adin ing g Adv Adver erti tise seme ment nts s 4) Defe Defect ctiv ive e Qua Qualility ty,, High Higher er Pri Price ces s 5) Sale Sale of Hazard Hazardous ous Produc Products ts to to Ignor Ignorant ant Consum Consumers ers 6) Supp Suppre ress ssio ion n of of Mate Materi rial al Inf Infor orma mati tion on
How are Indian consumers exploited? (Contd.)
7) Fals False e Prod Produc uctt Diff Differ eren entia tiati tion on 8) Producers’/Sellers’ Collusion (sometimes illegal and
therefore secretive) 9) Supply Supply of Adulte Adulterat rated ed and and Subs Substan tandar dard d Produ Products cts 10) Cheating Consumers Consumers by Giving Giving Lesser Quantity Quantity for the Price 11) Dishonoured Guarantees and Warranties Warranties 12) Poor Redressal Redressal of Customers’ Genuine Grievances
How are Indian consumers exploited? (Contd.)
13) Creating Creating a Scare Scare out of Scarcity Scarcity 14) Making Consumer Consumer buy Unwanted Goods 15) Misleading Representation on Utility of Products 16) Manipulating Conditions of Delivery Delivery 17) Customers pay pay for Numerous Intermediaries 18) Fall in Prices Never Never Passed to Consumers Consumers
How are Indian consumers exploited? (Contd.) 19) Buying Buying unaffordab unaffordable le goods 20) Advertisem Advertisement ent cost 21) Counterfeits: These constitute a substantial quantity of goods on store shelves 22) Hoarding Hoarding and Blackmarke Blackmarketing ting 23) Gifts for for products/ser products/services vices
Legal protection to consumers A number of laws have been passed by by the Government of India over the years to protect the interest of consumers. 1. Agricu Agricultu ltural ral Produc Products ts (Grad (Grading ing and and Mark Marketi eting) ng) Act, Act, 1937 1937 2. Indust Industrie ries s (Deve (Develop lopmen mentt and Regula Regulatio tion) n) Act, Act, 1951 1951 3. Prev Preven entio tion n of Food Food Adu Adulte ltera rati tion on Act, Act, 1954 1954 4. Esse Essent ntia iall Comm Commod odit itie ies s Act Act,, 1955 1955
Legal protection to consumers (Contd.) 5. The The Stand Standard ards s of Weights eights and Measur Measures es Act, Act, 1956 1956 6. Monopo Monopolie lies s and and Restri Restricti ctive ve Trade rade Prac Practic tices es Act, Act, 1969 1969 Now Now CCI 7. Preven Preventio tion n of of Blac Black-ma k-marke rketin ting g and and Mainte Maintenan nance ce of Essential Supplies Act, 1980 8. Bure Bureau au of Indi Indian an Stan Standa dard rds s Act, Act, 198 1986 6 9. Cons Consum umer er Pro Prote tect ctio ion n Act, Act, 198 1986 6
CONSUMER PROTECTION ACT 1986 The Consumer Protection Act (COPRA), (COPRA), 1986, conferred a legal right to the individual consumer to seek legal redress or recover costs and damages for injury or loans suffered by him/her as a result of faulty, faulty, defective goods and services, bought or secured for valuable consideration.
Rights of consumers under COPRA The SIX RIGHTS of the consumer as enunciated under Section 6 of the COPRA are: I.
The Right to Safety
II. II.
The Right to be Informed
III. III. The The Rig Right ht to Choos hoose e IV. IV. The The Rig Right ht to be Hear Heard d V. The The Rig Right ht to Seek Seek Redre edress ssal al VI. VI. The The Righ Rightt to Con Consu sume merr Educ Educat atio ion n
INSTITUTIONAL ARRANGEMENTS UNDER COPRA
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Consumer protection councils- both as the centre and states
THREE-TIER CONSUMER DISPUTE REDRESSAL SYSTEM •
District forums
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State Consumer Dispute Reddressal Commission
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National commission
Reddressal agencies under COPRA Reddressal agencies for settlement of consumer disputes: •
A Consumer Disputes Reddressal Reddressal Forum known as the District Forum has been established by the State Government in each district of the State by notification.
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A Consumer Disputes Reddressal Reddressal Commission known as the State Commission has been established in each state by the State Government by notification.
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A National Consumer Disputes Reddressal Reddressal Commission Commission known as the National Commission established by the Centre by notification.
CONSUMER PROTECTION (AMENDMENT) ACT 2002
The main changes introduced by the Amendment Act are as follows: •The District Consumer Reddressal Forums can now deal with complaints involving compensation amount upto upto Rs. 2 million •For the State Commission the limit is Rs. 10 million •For the National Commission, the limit is more than Rs. 10 million. •Setting up of benches and increase in the number of
ROLE AND INITIATIVES OF VOLUNTARY ORGANISATIONS
1) Cons Consum umer er Asso Associ ciat atio ions ns or Cou Counc ncilils s 2) Cons Consum umer er Co-o Co-ope pera rati tive ves s 3) Co-o Co-ord rdin inat atio ion n at at the the Nat Natio iona nall Lev Level el
Environmental Environmental Protection Act
Waste management and pollution control
Environmental damage through industrial activity can be of two types: 1.Depletion of Natural Resources 2.Degradation of the Natural Resources
Key strategies for industrial pollution prevention 1. Syst System emat atic ic was waste te red reduc ucti tion on aud audit it 2. Material ba balance 3. Economic ba balance 4. Iden Identi tify fyin ing g Was Waste te Redu Reduct ctio ion n 5. Use Use of New Newer er,, Clea Cleane nerr Tec Techn hnol olog ogie ies s 6. Life Life-c -cy ycle cle asse assess ssme men nt
Managing environmental issues Reinhardt suggests five different approaches to managing environmental issues 1. Investing Investing in envir environmen onmentt friendly friendly processes processes or produc products. ts. 2. Managing Managing environme environmental ntal regulatio regulations. ns. 3. Investing Investing in envir environmen onmental tal performanc performance e improvemen improvement, t, without increasing costs. 4. Combinin Combining g all the the three methods methods mentioned mentioned above above to change the basis for competition 5. Looking Looking at environ environmenta mentall issues from from a risk manag managemen ementt perspective.
Charter for voluntary pollution control
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The Ministry of Environment and Forests and the country’s country’s industrial sector have entered into a partnership on voluntary pollution control by releasing a Charter on Corporate Responsibility for Environmental Protection in New Delhi on March 13, 2003.
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The Charter marks a shift from regulatory enforcement of pollution control norms to voluntary compliance compliance by the industry to significantly enhance the quality of environment.
India’s environmental policy The Environment (Protection) Act, 1986 takes into account the following: 1. Water (Preventi (Prevention on and Control Control of Pollution Pollution)) Act, 1974 2. Air (Preven (Prevention tion and Contro Controll of Pollution) Pollution) Act, 1981 1981 3. The Factories’ Amendment Act, 1987 4. The National National Environme Environmental ntal Policy Policy 2004
