The important changes made by the Consumer Protection Amendment Act 2002 are the following: 1. The distinction between commercial purpose and domestic purpose was expressed in the case of Super Engg. The mandate of the Department is consumer advocacy. It makes provision for the establishment of consumer councils and other authorities for the easier and quicker settlement of consumers' disputes and related matters. Gupta noted that, the word Consumer is a comprehensive expression. There are certain legislative enactment eg.
Insurance Companies and Consumer Protection Act: One of the important categories where Consumer Protection Act has been usefully applied is the claims against insurance companies. Bank dishonouring the bank draft or cheque despite sufficient funds in the account. Doctors and hospitals committing medical negligence have therefore become liable and damages for medical negligence can be claimed from them. To give adequate costs to the parties in question. Redressal of Complaints: Importance of this act is to present the consumer complaints in appropriate consumer courts and make sure that justice is done to consumers. The Consumer Protection Act 1986 Till 1985, the consumer, specifically in India, was neglected. Redressal Agencies: We explain below the various authorities set up under the Consumer Protection Act 1986.
These amendments seek to make the consumer protection law more responsive to consumer complaints through quicker disposal of cases. To remove the defect if found to be true by the appropriate laboratory from the good in question; 2. The fees charged are very nominal according to the value of the claim. District Forum:Each District has a District Forum. The act contemplates an identified consumer in order to make the application of its provisions or any consumer association to represent it. Srivastava Who is not a consumer? Thus the Act provides for establishing the following consumer redressal agencies: 1. A complainant demanding compensation for the public of the State of Rajasthan was not maintainable.
It means a service of any description. Section 4 2 : Membership of the Central Council : The Central Council shall consist of the following members, namely,a the Minister in charge of consumer affairs in the Central Government, who shall be its Chairman, and b such number of other official or non-official members representing such interests as may be prescribed. It has been widely reported in the media about medical negligence, for example, of operating a wrong eye, removing a kidney of a person without his consent, leaving screw, scissors and a towel in the abdomen of a patient, giving a wrong injection leading to the death of a patient. The Consumer Protection Amendment Act 1993 adds the following consumer rights: d The right to be assured wherever possible, access to a variety of goods and services at competitive prices; e The right to be informed about the quality, potency, purity, standard and price of goods or services as the case may be so as to protect the consumers against unfair trade practices; and f The right to be protected against the marketing of goods and services which are hazardous to life and property. Out of the three, one is President, who is or has been or is qualified to be a District Judge.
A complaint may be made in writing under the following circumstances: Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider; the article purchased by a consumer is defective; the services availed of by a consumer suffer from any deficiency; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price; Goods or services, which will be hazardous to life and safety, when used, arebeing offered for sale to the public. The polarity of this law is unlimited. State Consumer Commission in each state set up by each State. Amendment Act 2002 The Act was again amended by consumer protection Act,2002. Defect According to Section 2 1 f A defect mean any fault, imperfection, or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force, or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever, in relation to any goods.
The only restriction laid down under the Section in this regard is that, the association must be registered under the Companies Act, 1956 or any other law for the time being in force. Section 2 1 g further provides the definition of deficient. The proposed amendments have widened the scope of the law, specified time limit for quicker disposal of cases and rationalized qualifications for appointment of members of consumer forums at the state and national level. The complaint to a redressal agency must be in relation to goods sold or delivered or service provided to the complainant. Unreasonable delay in shifting of telephone. Define the term Consumer under the provisions of the Consumer Protection Act, 1956. In regard to goods hazardous to life or safety of the public, traders supplying goods will be liable if it can be proved that the supplier could have known with due care that the goods or services supplied were hazardous to the public.
In the event of the death of the complainant, amendment in the Act in 2002 now provides for substitution of his legal representatives. The use of such goods must be with approval of the buyer for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment. Though this has created fear and concern among medical practitioners and private hospitals but this will help in preventing medical negligence on the part of doctors and hospitals. A Consumer can argue his own case or can be represented through authorized person or agency. Service would include all kinds of professional services, be it the routine service of a barber or of the technical services of a highly qualified person like medical or legal practitioner etc.
An important landmark in consumer protection endeavours in India is the Consumer Protection Act, 1986, which provides for a system for the protection of consumer rights and the redressal of consumer disputes. Defect means lack or absence of something essential for completeness. The Complaint must make any of he five allegations stated under section 2 1 c , against a trader or manufacturer; 4. If, seller fails to deliver the goods which he agreed to sell, it will be treated as a defect. This amendment provides remedy to the consumers who might be unfairly treated in such schemes by requiring the promoter to disclose proper information regarding the results of a scheme by appropriate timely publication of results in newspapers, etc. Similarly, Amendment Act 2002 also covers the unfair treatment to the consumers who have suffered by being lured in the schemes offering gifts, concessional prices or some items free of charge depending on the official results of a particular scheme. The purpose of these Councils are to review consumer related policies of the government and suggest measures for further improvements for protecting and promotingrights of the consumers.
Complaint can be registered, in person, by the complainant or through his authorized agent or by post addressed to the Redressal Agency. It protects the consumers from unfair trading or unfair trade practices. Traders dominated the market in every aspect of business causing concern to the consumers. In contrast to the decision above, the purchaser of a tempo, which was also for commercial purpose, was allowed to enforce his right to have the defects in the machine rectified. Supreme Court rejected these arguments and brought medical practitioners, hospitals and nursing homes where services are rendered for valuable consideration under the purview of Consumer Protection Act. Therefore, some important amendments were made in the Act by Consumer Amendment Act 2002. Restrictive trade practice also includes delay in the delivery of goods beyond the period agreed to by the traders or delay in providing services when such delay is likely to lead to rise in their prices.