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Consumerism and Consumer protection act

Consumerism and Consumer protection act. Smita. What is Consumerism?.

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Consumerism and Consumer protection act

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  1. Consumerism and Consumer protection act Smita

  2. What is Consumerism? • Consumerism is social movement seeking to augment the rights and powers of the buyers in relation to the sellers.This movement tries to protect consumer rights which are being ignored by the producers and the sellers, producing and selling sub-standard goods, hazardous goods, or are making wrong claims about product or service.

  3. Consumer Protection Act - 1986 • Consumer Rights as granted under CPA- • Right to be protected from hazardous goods and services. • Right to be informed about quality, potency, purity, content, price of a good and service. • Right to free choice of goods and service. • Right to redressal if consumer rights are infringed. • Right to consumer education.

  4. Areas covered under consumer protection act • Any complaint against defective good. • Any complaint against deficiency in service. • Complaint against unfair trade practice. • A consumer can sue for anything for which he has [aid or partly paid( Even a public hospital where consumer is paying only Rs. 5 as outpatient is also covered under CPA).

  5. Judicial set up under CPA • Supreme court - Hears cases of appeal against judgment of national commission. • National commission – Hears cases, where claims are of value between Rs 20 lacs to Rs. one crore or above and appeals against the judgment of state commission. • State commission – Hears cases where value of claims is between Rs 5 lacs to Rs 20 lacs and also attends appeals against the cases decided by the district forum. • District Forum - Hears claims up to Rs. 5 lacs.

  6. How to file a complaint? • The complaint can be filed on a plain paper no stamp paper is required. • Complaint can be sent by post to the appropriate forum or commission. • Complaint should contain the name, description and the address of the complainant. • Name, description and address of the opposite party. • Facts relating to the complaint. • Documents in support of the allegation and details of the relief that the complainant is seeking. • The entire set of complaint with the supporting documents has to be given in 4 sets and one additional copy each for the opposite party.

  7. Fee to be paid by a complainant • Fee as per Feb.. 2005 notification depends to the strata from which the complainant comes – • None for those below poverty line. • Rs 100 for a compensation claim up to Rs. 1,00,000. • Rs. 200 for claims between Rs. 2,00,000 to 5,00,000. • Rs. 400 for claims between Rs. 5,00,000 to 10,00,000. • Rs. 500 for claims between Rs. 10,00,000 to 20,00,000. • Rs. 2000 for claims between Rs. 20,00,000 to 50,00,000. • Rs. 4000 for claims between Rs. 50,00,000 to 1,00,00,000. • And Rs. 5000 for the claims above Rs. 1 crore.

  8. Organization fighting for the protection of consumer rights • Consumer Guidance Society of India. • Mumbai Grahak Panchayat. • Centre for Consumer Education and Research. • Consumer Unity and Trust Society. • Voluntary Organization in the Interest of Consumers etc.

  9. Problems • Delay in decisions and non compliance of decision.

  10. Some Landmark judgments • Lohia Machine limited Vs Mumbai Grahak Panchayat – 1993. • M.K. Gupta Vs LDA -1993 • S.P. Dihavaskar Vs Housing Commissioner, Karnataka Housing Board • Chandrakant Kadam Vs MSEB – 2003 and • Y.N. Gupta Vs DESU - 1990 • Laxman T. Kotgiri Vs Central Railway Hospital – 2005 • M/S Vasu Pharmaceuticals Vs CERC – 1999 • Sashikant Krishnaii Dole Vs Shikshan Prasarak Mandali • Station Manager, Indian Airlines Vs Jiteshwar Ahir

  11. Right To Information Act • Right to Information is not a fundamental right but has been recognized by Supreme court as a part of right to freedom of speech as given under article 19, 1(a) of the constitution of India. • People have right to ask for information from government and public bodies about the things that affect their lives. • Information brings about transparency and accountability, both of which help to reduce corruption and increase efficiency in governance.

  12. How to ask for information? • In every department at least one special officer called Public Information Officer has been appointed. • Citizens seeking information have to submit written applications to the PIO on a plain paper affixing a court fee stamp of Rs. 10. • Every PIO has to maintain register of the applications received for information.

  13. When to expect the response? • According to the law the PIO has to either supply the information or reject the request on specified grounds within a period of 30 working days. • If the information requires payment of additional fees then the PIO has to communicate the same to the applicant. The applicant can pay the fees by way of money order or cash to the office of PIO or treasury. • The applicant can also go for appeal against the amount of fee which is being demanded from him.

  14. Grounds for rejection of request of information • Information which would affect sovereignty and integrity of India, the security interests of state, relations with foreign states. • Information which has been expressly forbidden to be published by any court of law. • Information that would cause the breach of privilege of parliament or state legislature. • Information including trade secrets or intellectual property etc. • Information the disclosure of which is prohibited under the official secrets act 1923. • Information which would impede the process of investigation or prosecution of offenders. • Information received in confidence from foreign government or international organization. • Information which is personal information and has no relationship with any public activity or interest or which would cause unwarranted invasion of the privacy of an individual.

  15. Appeals • Any person who does not receive the information from the PIO within 30 working days or making the application or is aggrieved by the order of PIO may file first appeal with senior in the department. • Second appeal with the information commissioner. • Third appeal with independent Information commission.

  16. Penalties • Penalties imposed are as follows- • For Unreasonable delay Rs 250 per day to a maximum Rs 25,000. • For illegitimate refusal to accept application , mala fide denial, providing false information etc fine up to Rs. 25,000. • Recommendation of departmental action for serious violation.

  17. Some cases under RTI • Ravi Nair and James John for Chimatpada, Andheri against BMC. • Ahmed Khan for Borivli slum dwellers against railways. • Sucheta Madhav Kulkarni against postal department • P.K. Mehra against MCD

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