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    B.A.Prabushankar
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    Introducing to Senior citizens act and other Laws

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    Hand BOOK on Contracts and other Laws

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    Introducing to Senior citizens act and other Laws

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    65 views93 pages

    Hand BOOK On Contracts and Other Laws

    Uploaded by

    B.A.Prabushankar
    Introducing to Senior citizens act and other Laws

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 93
    LECTURE ON LAW OF CONSUMER JUSTICE. Presented By: B.A. PRABUSHANKAR,B.A.B.L.DLAL., (M.L) At: AMIRTHA INSTITUTE OF MANAGEMENT STUDIES ETTIMADAI, COIMBATORE. LAW OF CONSUMER JUSTICE Consumerism is a social movement To safe guard the rights and powers of the consumers In relation to sellers Ralphanadar, the pioneer in Consumer movement define:- Consumerism as societies right to quality of life And towards protection, preservation & enhancement of human life The increase in volume of international trade & commerce has brought in the need for Consumer protection movement. The Consumer protection in a developing country has become more a necessity than of academic interest. At present, several legislative enactments Consumer courts, Consumer associations and advertisements about Consumer rights have accelerated the ey etetni The movement is mainly for quality of human life and protection against hazardous and adulterated goods. LAW OF CONSUMER JUSTICE The U.N.O. was established on 247 Oct 1945. Main aims of U.N.O. is that each country must become a welfare state rather than a police Scie Further, international cooperation was required for exchange of information on banned and health hazardous among the countries to protect themselves against import of the said goods. Economic and social counsel Promotes higher standard of living Conditions of economic and| social progress Solutions for international economy Social health and related problems The said counsel encourages consumerism for CYNE eNom Unt Tn sane LAW OF CONSUMER JUSTICE LL.O = Aims to protect the interest of workers and their families = To provide basic goods at reasonable price = In sufficient quantity = In satisfactory quantity = Their main aim of W.H.O happens to be taking care of basic good health of the people across the globe. = In 1977, the expert committee took a list of drugs, to meet the basic needs of the people and directed the member countries to provide these basic medicines at a reasonable price to the consumers. It envisages programs for Food control Increase of production Increase of quality and quantity of food And also prepared a code of conduct for use of pesticides upon food stuffs. In 1986 a resolution was passed for Consumer protection AOR eMIC CN Teel ccs ances Mmice ate Uy hazards Furnish adequate information of the goods To curb mis-leading advertisements Unfair trade practices And to implement effective Consumer redressal. ae result, INDIA enacted Consumer protection Act LAW OF CONSUMER JUSTICE Sale Of Goods Act 1930 The Essential Commodities Act 1955 Drugs Control Act 1950 Prevention Of Food Adulteration Act aiefor.3 Standards Of Weights And Measurements Act 1976 The MRTP Act 1969 Indian Constitution Aims At Promotion Of The Welfare Of The People Raising The Level Of Nutrition. Improving The Public Health And In Order To See The Above Intention Of The Constitution, Is Duly Given Force The Consumer Protection Act 1986 Was Enacted. LAW OF CONSUMER JUSTICE The Act is comprehensive Gives simple, speedy, an inexpensive remedy for Consumer grievances. Consumer courts were established at district levels, state level, and national IEW Not only goods, but also services were brought within the ambit of the Act To protect the interest of people, who are consumers To encourage healthy trade and services to consumers. Consumer has the right to safety Right to be informed Right to choose & the right to be heared. LAW OF CONSUMER JUSTICE attempts to put an end to block marketing To prevent adulteration To prevent excess pricing To prevent false weights and measures To prevent poor quality of goods The forums for redressal of grievances can be called CONSUMER DISPUTES REDRESSAL FORUMS. At the district level, we have district forum PNM MI ClCH N-MALE eMIt Lom eltULA) And above all, we have national commission at Pyne The Consumer who is aggrieved with any defects with regard to goods or services can approach the above forums depending upon the pecuniary jurisdiction, LAW OF CONSUMER JUSTICE Up To 20 LAKHS Complaints To Be Filed Before The District Forum Above 20 Lakhs Up to 1 Crore To Be Filed Before The State Forum Above 1 Crore To Be Filed Before The National Commission And Against Appeal Will Lie To The Supreme Court The Act protects the Consumer who is aggrieved by unfair trade practice Or restrictive trade practice adopted by any trader For any defects in the goods bought by ital And any deficiency in the services availed by him LAW OF CONSUMER JUSTICE Consumer is a person Purchases any goods for a consideration Also includes person who avails any services for a consideration A person who obtains goods for resale or for any commercial use is not covered under the Act The person who purchases any goods for purpose of earning his livelihood by means of self-employment is also a Consumer Means any fault nee Or short comings in Quality Quantity Potency eval icicle} Pricing Which is required to be maintained under law LAW OF CONSUMER JUSTICE Deficiency means any fault Imperfection Short comings Or inadequacy in Quality Nature and manner of performance In relation to any service Complaints can be with regard to unfair trade practices Restrictive trade practices Defects in goods purchased Deficiency in services Excessive pricing Goods are dangerous to life of public Non-display of vital information on goods Non supply of proper quantity of goods, etc., LAW OF CONSUMER JUSTICE Generally, The Person Who Is Aggrieved Can Give A Complaint The Consumer Voluntary Consumer Association Central Or State Government lf Many Consumers, Then One Or More Of Them Can Lodge A Complaint Punjab National Bank Vs. KB Shetty Court held generally the complainant should be Consumer himself But in certain cases, a person can file a complaint on behalf of the other Eg. The husband can file a complaint on behalf of his illiterate wife. LAW OF CONSUMER JUSTICE Dr. Pradeep Vs. L&T Ltd. Ultra sound machine was purchased by the doctor for purpose installing it in his hospital for which separate charges were charged. In this case court held it is for a commercial purpose and hence, he is not a Consumer. Eagle ultra marine industries Vs. Paramount pollution control inds:- Designing and installation of machinery for air pollution control was held to be a purchase for commercial purpose and hence he is not a Consumer since it was installed in a place where commercial activity was carried on it was held so. LAW OF CONSUMER JUSTICE ESSEN computers Ltd., Vs. Tagore :- In this case, complainants wife purchases a computer for preparing her Ph.D thesis, there was a defect in the computer. The court held it was only for a personal use and not a commercial transaction and hence, the trader is liable The judgment passed in IMA Vs. VY P Shantha held that medical profession is covered under the definition “Service” And the patient is the Consumer except if the service is completely free. Medical profession includes para-medical services like Blood Bank, Druggists, Scan Centres, Testing Labs, etc., LAW OF CONSUMER JUSTICE After the judgment, in IMA case, in 1995, consumer protection Act was made applicable to medical professionals. Service rendered by a Doctor by way of consultation, diagnosis & treatment could fall within the ambit of service. Only services where it is rendered free of charge to everybody, then it is not a service. If non-government hospital or a doctor renders. free service for some patients as well as service for patients to some other patients, it is covered under the Act. Complete free services alone are not covered under the Act. LAW OF CONSUMER JUSTICE Services rendered free of charge to everybody Services rendered by collecting charges Services rendered for free of charge for certain category of persons Services by collecting charges from some category of persons In the above services, free of charge to everybody alone is not covered under the Act. Professional negligence or medical negligence is defined as Want of reasonable degree of care and skill or Willful negligence on the part of medical practitioner In treatment of a patient so as to lead to bodily injury or loss of life Negligence must be shown to be the cause of ultimate tii Negligence on the part of physician must be proved If there is no material evidence on record, allegations of medical negligence will not be entertained. Undue delay on the part of the doctor has to be proved Technique of treatment is a well recognised one, the doctor is not liable Mis-representation by a doctor that he possess skill and expertise Excessive billing or charges for which no service is performed Consumers are now a days are cheated, exploited and mis-lead by false advertisements, gifts, discounts, prizes, etc. which compromise for quality and induces the Consumer to gamble and buy un-quality products which leads to un-healthy competition, as people are attracted towards cheap products. LAW OF CONSUMER JUSTICE It further includes any practice in trade which adopts any unfair method or deceptive practice for purpose of promoting sales, use or supply of any goods or for provision of any service. Oral or written false representation Making false representation that goods are of particular standard, quality, quantity, model, Cin Making any false representations of certain second hand , renovated, rebuild or old goods as new once Making false representation that goods are services have sponsorship, _ approval, performance, benefits which actually they don't have. LAW OF CONSUMER JUSTICE Making false representation that seller or supplier has some _ affiliations or sponsorship which they really don’t have Making false representations regarding the usefulness of any goods ( Advertising that the bike gives 150 Kmpl — whereas its efficiency is only 50 Kmpl) Giving false warranty Making false representation in form of Melee lniny Promise to replace or repair an article ] Making false representation ole statements lowering the value of goods or services of any low end value of goods are services of any other person. LAW OF CONSUMER JUSTICE Offering of gifts, prizes, ete with no intention of offering them in reality Violation of prescribed standards Hoarding destruction or refusal The above all are called as unfair trade practices Use of exaggerated terms and descriptions in advertisement is not unfair trade practice It is natural that advertisement be able to invoke interest to buy the product Exaggerating efficiency of medicines for promoting sales Description of manufacture with well known products LAW OF CONSUMER JUSTICE Genuine gift schemes Genuine sales promotion schemes Genuine discount sales Attracting consumers by providing comparative information about the same products of other brands Any repairs in the product after the warranty fe=Taere| The above all are the instances which cannot be construed as unfair trade practice. The Consumer Protection Act Provides Lint lautat-a Oxo )at=iUlant

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