CONSUMER PROTECTION

Prof. A.N.Gupta, Delhi University1CONSUMER PROTECTION

Are you serious ?

Prof. A.N.Gupta, Delhi University2CHANGE IN SITUATIONIneffectiveness of previous legislations enacted for protection of consumers.No specific legislation for protection of consumers for a long time.Need felt for protecting consumers against exploitation by manufacturers, traders and service providers a worldwide phenomenon. This led to enactment of Consumer Protection Act, 1986(say CPA)CPA was initially a Toothless Tiger

Prof. A.N.Gupta, Delhi University3U.N. RESOLUTION ON CONSUMER PROTECTIONConsumer Protection Resolution No. 39/248 dated 09.04.1985 of the General Assembly of the U.N.O.The initiative was taken by the Secretary General, United Nations, when he submitted draft guidelines for consumer protection to the Economic & Social Council (UNESCO) in 1983India is a signatory to the said Resolution.Prof. A.N.Gupta, Delhi University4OBJECTIVES BEFORE U.N.O.To assist countries in providing adequate protection for their population/consumers.To encourage high levels of ethical conduct on the part of producers and distributors of goods and providers of services.To assist countries in curbing abusive business practices.To facilitate the development of consumer groups.To further international cooperation in the field of consumer protection.

Prof. A.N.Gupta, Delhi University5CONSUMER PROTECTION ACT 1986Provision for three tier system District Fora, State Commissions and National Commission.Consumer Fora are headed by persons with judicial background (normally retired judges).Technicalities of procedures stated in CPC are dispensed with (summary procedures prescribed)A consumer may conduct his case on his own.Proceedings are conducted as per Rules of Natural Justice.

Prof. A.N.Gupta, Delhi University6SERVICE DEFINED IN Section 2 (1) (o) of CPA[Indian Medical Association v/s V.P. Santha & Ors.]Main Part explanatory in nature and defines service to mean SERVICE OF ANY DESCRIPTION which is made available to potential users.Inclusionary Part - includes the provision of facilities in connection with banking, finance, insurance, transport, supply of electricity, telephones, housing construction, etc.Exclusionary Part - excludes rendering any service (a) free of charge; and (b) under a contract of personal service.Prof. A.N.Gupta, Delhi University7Personal Service ?Relationship of master and servantInvolves obligation to obey orders.Obeying of orders regarding (a) work to be performed and (b) manner of performance.

An employer is not a consumer of employeeProf. A.N.Gupta, Delhi University8Who can file complaint ?Section 2(1) (b) of CPA

ConsumerVoluntary consumer Association registered under any law.Government (Central and/or State Govt.)One or more consumers having same interest.Legal heirs of deceased consumer (Aditya Kumar Saboo vs. M/S Allied Textiles pending in DF)

Prof. A.N.Gupta, Delhi University9What can be the complaint about?Gross negligence (wrong operation by a doctor, issue of cheque book to wrong person by bank)Deficiency in service (defective construction by builder, providing lesser area than promised, unreasonable delay in repudiation of insurance claims)Unfair Trade Practice (mis-statements in prospectus IIT, Priyadarshini college, misleading advertisements)Price of goods or service (charging more than fixed by law, displayed on goods, agreed between parties) Prof. A.N.Gupta, Delhi University10Banking

R.G. Aggarwals case (Cheque book)SBI case - PPF matter (Prof. Gulzari Lal)Credit Cards (A.N. Gupta v/s BOB Cards Ltd. recently decided)Loss of cheque by bank after its was duly deposited by a customerProf. A.N.Gupta, Delhi University11WHAT RELIEFS MAY BE GRANTED UNDER CPA?Removal of defects in goodsReplacement of goods with new onesReturn of price paid by complainantCompensation now punitive damages also Discontinuance of UTPs and RTPsStop sale of hazardous goodsCorrective advertisements to neutralize the effects of misleading advertisementsAdequate costs to parties

Prof. A.N.Gupta, Delhi University12BENEVOLENT INTERPRETATION ?Neela Vasant Raje vs. Amogh Industries Ltd. III(1993) CPJ 261 (NC)In interpreting this social welfare legislation, one should be guided by the principles of benevolent interpretation.Which will help to promote and achieve the objects and purposes of the Act namely, to protect the interests of consumersWhich will suppress the evil sought to be remedied by the statute - namely, the unscrupulous exploitation of consumersProf. A.N.Gupta, Delhi University13FUNNY DECISIONSVipin Chawla Order passed in favour of a seller of shares to stock brokerM.M. Gupta No clause no. 4.01 in Policy Delhi S.C. pressurized for compromise by courtHoliday resort matters whether relating to immovable properties? Prof. B.K. RohatgiA.N. Gupta vs. Lohia Machines Ltd. - Rs. 6.12 + Rs. 87.45 case (Award Rs. 100/-)Long sentences u/s 27 CPA (Tirupati 182 years)

BUILDER ASKED TO REFUND DEPOSITSProf. A.N.Gupta, Delhi University14

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A HOUSE FOR MR. CONMANTo be in jail for 182 years ?

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IT IS PAYBACK TIMEProf. A.N.Gupta, Delhi University16

SENTENCE FOR NOT REFUNDING CAR BOOKING AMOUNTProf. A.N.Gupta, Delhi University17

SENTENCE FOR 182 YEARSProf. A.N.Gupta, Delhi University18

SENTENCE KIKS OFF LEGAL DEBATE

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THANK YOUProf. Amar Nath Gupta98713-59739, 099499-59739amarpushp2@yahoo.co.inPresentation at PGDAV COLLEGE., University of Delhi on 17th December

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