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Wednesday, July 17, 2019
Consumer Protection Act
THE CONSUMER PROTECTION ACT, 1986 though consumer is the social function and most powerful propel force of production, yet at the identical time consumer is equally vulnerable member of the whole marketing system. Attempts get down been make to guard the interest of the consumer in a sporadic way till 1986, when giving medication of India enacted a comprehensive legislation-Consumer shield Act, to skilful guard the interest of the consumer than ever before.The Consumer Protection Act, 1986, applies to all goods and services, excluding goods for resale or for commercial purpose and services rendered free of charge and at a lower place a contract for soulal service. The sustenance of the Act ar compensatory in spirit. It covers public, private, pronounce and cooperative sectors. The Act enshrines the well(p)s of the consumer such(prenominal) as right to safety, right to be informed, right to be heard, and right to choose, right to judge redressal and right to consumer e ducation.ConsumerA consumer is every person who buys any(prenominal) goods for a consideration and user of such goods where the use is with the benediction of buyer, any person who hires/avails of any service for a consideration and any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment. GoodsGoods mean any movable property and also imply shares, but do not accommodate any auction able claims. assistService of any description such as banking, insurance, transport, processing, housing construction, supply of electrical energy, entertainment, senesce or lodging. Nature of bearing a) all unfair trade practice or restrictive trade practice adoptive by the trader b) Defective goods b) deprivation in service c)Excess terms charged by the trader d) wicked goods sale, which is hazardous to life and safety when utilize Consumer CourtsA three-tier-system a)National Consumer departure Redressal committal claims above Rs. 0 lakh (a)Consumer Dispute Redressal commission or State CommissionClaims from Rs 5 to 20 lakh. (a)Consumer Dispute Redressal meeting place or District ForumClaims upto Rs 5 Lakh ComplaintA complaint, extend to written or typed, can be filed by a consumer, a registered consumer organisation, fundamental or state Government and nonpareil or more consumers, where there are numerous consumers having the same interest. No effect or court fee is needed. The nature of complaint must be understandably mentioned as well as the sleep sought by the consumer. It must be in quadruplicate in dominion forum or state commission.Else, additive copies are required to be filed. parcel out of relief (a)Repair of defective goods (b) reclamation of defective goods (c) quittance of the price payfor the defective goods or service (d)remotion of deficiency in service (e)Refund of extra money charged (f) sezession ofgoods hazardous to life and saf ety (g) compensation for the loss or injury suffered by the consumer due to negligence of the opposite party (h)Adequate cost of filing and engage the complaint Normally, complaints should be decided at bottom 90 days from the date of mark off issued to the opposite party.Where a sample of any goods is required to be tested, a complaint is required to be disposed of deep down 150 days it may reward more time due to matter-of-fact problems. Consumer Protection CouncilsCouncils have been setup in all states and at the center to resurrect and protect the rights and interest of consumers. These councils are consultatory in nature and can tactical maneuver important role in recommending consumer lie policies to the state and central Government.
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