...Consumer Protection Act 1987 The Consumer Protection Act 1987 This protects the public by: * -prohibiting the manufacture and supply of unsafe goods * -making the manufacturer or seller of a defective product responsible for damage it causes * -allowing local councils to seize unsafe goods and suspend the sale of suspected unsafe goods -prohibiting misleading price indications The first section defines what a product is which is defined as “any goods and electricity”. A good is further defined as substances, growing crops and things comprised inland by virtue of being attached to it and any ship, aircraft or vehicle. The second section defines who can be sued over negligence or a defective. It can be either someone who has put their name on a product through a trademark or brand. Another person that can potentially be sued is a person who brings in a good which does not meet regulations of the EU. Section three of the act defines what a defect is. A defect is when the product does not provide the safety which a person is entitled to expect. This is very contestable because expectation is subjective. In Bogle Vs Mcdonalds restaurants, Bogle said his coffee was defective because his coffee was too hot but he was unsuccessful because coffee is expected to be hot and he could not prove the temperature. Richardson Vs LRC products LTD. This is demonstrated in Richardson v LRC Products Ltd [2000] 59 BMLR 185 where a condom was held not to be defective even...
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...Commentary on consumer protection act Consumer Protection Act Introduction 1.1 The moment a person comes into this would, he starts consuming. He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term. When we approach the market as a consumer, we expect value for money, i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. The Government understood the need to protect consumers from unscrupulous suppliers, and several laws have been made for this purpose. We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, etc. which to some extent protect consumer interests. However, these laws require the consumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming. The Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redressal of consumer grievances. The Act for the first time introduced the concept of ‘consumer’ and conferred express additional rights on him. It is interesting to note that the Act doesn’t seek to protect every consumer within...
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...In an era of free competition where 'Consumer is KING', show the need for consumer protection and whether the KING needs protection Contents 1. INTRODUCTION: 3 1.1. NEED FOR CONSUMER PROTECTION 4 1.2. THE PURPOSE OF CONSUMER PROTECTION 5 1.3. CONSUMERISM 5 1.4. CONSUMER RIGHTS 5 2. CONSUMER GUIDANCE SOCIETY OF INDIA (CGSI) 9 2.1. FUNCTIONS OF CGSI: 9 2.2. ACHIEVEMENTS & FEATURES: 10 3. CONSUMER PROTECTION ACT, 1986: 11 3.1. IMPORTANT FEATURES OF THE ACT: 11 3.2. CONSUMER 12 3.2.1. CONSUMER OF GOODS 12 3.2.2. CONSUMER OF SERVICES 16 3.3. COMPLAINT 18 3.3.1. CONSTITUTES OF A COMPLAINT 18 3.3.2. ELIGIBILITY FOR FILING A COMPLAINT 18 3.3.3. REQUIREMENTS OF A COMPLAINT 20 3.3.4. TIME FRAME WITHIN WHICH A COMPLAINT CAN BE FILED 21 3.3.5. RELIEF AVAILABLE AGAINST COMPLAINT 22 3.3.6. CIRCUMSTANCES WHEN A COMPLAINT CANNOT BE FILED 23 3.3.7. DISMISSAL OF FRIVOLOUS AND VEXATIOUS COMPLAINTS 24 3.4. UNFAIR TRADE PRACTICE AND RESTRICTIVE TRADE PRACTICE 24 3.5. CONSUMER PROTECTION COUNCILS 28 3.6. DISPUTE SETTLEMENT THREE TIER MECHANISM 28 4. CASE STUDIES: 30 4.1. CASE 1: INDIAN MEDICAL ASSOCIATION V/S V.P. SHANTA AND OTHERS 30 4.2. CASE 2: MR. MAHAVIR D. CHOPDA VS SVKM’S NMIMS UNIVERSITY 33 5. GOVERNMENT INITIATIVES FOR PROTECTION OF CONSUMER RIGHTS & STATISTICS 50 6. ROLE OF NON-GOVERNMENTAL ORGANIZATIONS 53 7. COMPARITIVE STUDY OF CPA IN INDIA AND BRAZIL: 55 8. CONCLUSION: 58 9. RECOMMENDATIONS 58 10. BIBLIOGRAPHY 60 1. INTRODUCTION: In the...
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...9 CONSUMER PROTECTION ACT 1999 | Application: offer or supply of goods to one or more consumers Application: offer or supply of goods to one or more consumers Meaning of consumer: a person who acquires or uses goods or services ordinarily acquired for personal, domestic or household purpose; S3 Meaning of consumer: a person who acquires or uses goods or services ordinarily acquired for personal, domestic or household purpose; S3 S.6(1): cannot exclude the operation of CPA 1999 S.6(1): cannot exclude the operation of CPA 1999 3. Implied Guarantee as To Fitness for Particular Purpose Sec. 33(1) – Implied: goods are reasonably fit for any particular purpose known by consumer, expressly or by implication to the supplier as the purpose it is purchased However, if supplier represents goods fit for a particular purpose, it should also be reasonably fit for that purpose. Does not apply: Consumer doesn’t rely on the supplier’s skill/judgment or if unreasonable to do so Goods used for other than normal purpose (known to supplier), must be reasonably fit for that purpose 3. Implied Guarantee as To Fitness for Particular Purpose Sec. 33(1) – Implied: goods are reasonably fit for any particular purpose known by consumer, expressly or by implication to the supplier as the purpose it is purchased However, if supplier represents goods fit for a particular purpose, it should also be reasonably fit for that purpose. Does not apply: Consumer doesn’t rely on the supplier’s...
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...Telephone Consumer Protection Act (TCPA), 1991 Juel A. Todman BIS/220 Introduction to Computer Application and Systems June 16, 2014 Dr. David Wagner Telephone Consumer Protection Act (TCPA), 1991 Advances in Information Technology have made access to sensitive information with great concern. Privacy has to be paramount as the internet broadens its horizon strategically. Various acts had to be implemented to protect the privacy of individuals. The act that I am going to talk about is the Telephone Consumer Act of 1991, (TPCA). The Telephone Consumer Protection Act of 1991 was passed and enacted by Congress, in response to consumer concerns about the growing number of unsolicited telephone calls by telemarketers and the increasing use of automated and prerecorded messages. In response, the Federal Communications Commission (FCC) adopted rules that require anyone making telephone solicitation calls to your home must provide their names, and the name of the person or company on whose behalf the call was being made. The rules also prohibited telephone solicitation calls to your home before 8 am or after 9 pm, and required telemarketers to comply with any do-not-call request you make directly to the caller during the solicitation call. The implementation of the National Do-Not-Call Registry informed Telemarketers that they had up to 31 days from the day you registered your telephone number to remove it from their call lists. In June 2003, the FCC supplemented...
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...Before the Consumer Protection Act.1987 (CPA) was passed by UK parliament the attempts of taking action against manufacturers in regards to liability in negligence was challenging especially for the consumer as all rights were reserved to the customer or purchaser of products. This predicament sparked an increase of attentiveness toward product liability and lead to the implementation of the ‘Directive on Product Liability 1985’ and crucial alterations were made to UK consumer law. ‘Strict liability’ was imposed on the part of manufacturers. This gave rise to additional liability for manufacturers created through CPA in the event that a defect in a product causes damage(s); injury or loss. This is shown in Part 1 of the CPA where the system of strict liability is introduced for defective products to which cause harm. The key liability requirements under CPA and the European directive is that (i) claimant has suffered damages, (ii) product in question is defective and (iii) harm must be caused by a defect in the product providing that these requirements are met proof of negligence is not applicable on part of the claimant and the producer or manufacturer of the product is in every respect liable for any form of harm caused. Defences that can be used against claims under CPA include; ‘development risk’, ‘contributory negligence’, ‘Volenti non fit injuria’ and ‘Ex turpi causa’. The impracticalities of CPA are that a defected product must have caused harm as a requirement...
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...The Consumers’ Right Protection Act, 2009 (Act No. 26 of 2009) 6th April, 2009 An Act to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith. Whereas it is expedient and necessary to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith; It is hereby enacted as follows Chapter I Preliminary 1. Short title and commencement: (1) This Act may be called the Consumers’ Right Protection Act, 2009. (2) It shall come into force at once. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context- (1) “Directorate” means the Directorate of National Consumers’ Right Protection established under section 18; (2) “Complaint” means any allegation made in writing by a complainant to the Director General against any seller for any anti-consumer right practice under this Act. (3) “Complainant” means the following person or persons who make any complaint under this Act, namely: (a) any consumer; (b) one or more consumers having same interest; (c) any consumer association registered under any Act; ...
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...Chapter 1 -- Introduction 7 Meaning of manufacturer (1) A manufacturer includes the following: (a) a person who grows, extracts, produces, processes or assembles goods; (b) a person who holds himself or herself out to the public as the manufacturer of goods; (c) a person who causes or permits the name of the person, a name by which the person carries on business or a brand or mark of the person to be applied to goods supplied by the person; (d) a person (the first person ) who causes or permits another person, in connection with: (i) the supply or possible supply of goods by that other person; or (ii) the promotion by that other person by any means of the supply or use of goods; to hold out the first person to the public as the manufacturer of the goods; (e) a person who imports goods into Australia if: (i) the person is not the manufacturer of the goods; and (ii) at the time of the importation, the manufacturer of the goods does not have a place of business in Australia. (2) For the purposes of subsection (1)(c): (a) a name, brand or mark is taken to be applied to goods if: (i) it is woven in, impressed on, worked...
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...The Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank, signed in 2010, was passed as a response to the US Great Recession of 2007/2008. The primary purpose is the create a sound economic foundation to grow jobs, protect consumers, rein in Wall Street and big bonuses, end bailouts and too big to fail, prevent another financial crisis. Key Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act Consumer Protections with Authority and Independence: The Bureau of Consumer Financial Protection has been established to ensure full protection of US consumers with respect to clear and accurate information that they need for mortgages, credit cards and other financial products. This new independent body has...
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...* THE ROLE OF BUSINESS ORGANIZATION IN THE ECONOMIC DEVELOPMENT OF THE COUNTRY * Governments, trade groups, colleges and businesses often cooperate to promote development in a targeted geographic area. The belief that a rising economic tide lifts all boats encourages this kind of teamwork. Understanding the aims and objectives of the organizations participating in economic development can help you determine whether your region is doing all it can to expand its employment and tax bases. * The Players Business organizations commonly involved in economic development include a wide variety of groups. Chambers of commerce, utilities, trade and professional groups, economic development offices, private incubators and venture capital groups are among those likely to sign up. In addition, municipalities and universities often directly support growth efforts. * Study Up Creating an economic development plan begins with researching an area to determine what types of businesses and industries it might best support. Business organizations examine resources such as the local workforce, transportation infrastructure, access to research and available land and buildings. Based on this research, a municipality or county might determine its suited to attracting and retaining technology, health care, manufacturing or warehousing firms. * Spread the Word Once the participants decide what type of companies and jobs they want to attract, they create a marketing campaign. This includes...
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...LISTING DATABANK On-Line Bar Review cralaw_chanroblesbar MCLE: cralaw_lawnet DebtKollect cralaw_debkollect Intellectual Property cralaw_iplaw Chan Robles Virtual Law Library THE CONSUMER ACT OF THE PHILIPPINES - CHAN ROBLES VIRTUAL LAW LIBRARY Bookmark and Share Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of Republic Act No. 7394. REPUBLIC ACT NO. 7394 THE CONSUMER ACT OF THE PHILIPPINES TITLE I GENERAL PROVISIONS Article 1. Short Title. - This Act shall be known as the "Consumer Act of the Philippines." Art. 2. Declaration of Basic Policy. - It is the policy of the State to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Towards this end, the State shall implement measures to achieve the following objectives: (a) protection against hazards to health and safety; (b) protection against deceptive, unfair and unconscionable sales acts and practices; (c) provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer; (d) provision of...
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...Complaint Against: Tata Docomo I'm using tata docomo postpaid connection for last one year. In my bill dated on 25-Nov-2012, I got huge bill amount above my limit. I have complained 'N' number of times to tata docomo customer care but the issue is not resolved till date. I have not activated ISD call in my account but customer care executives say that it has been activated on 7th of November 2012. I would like to know by what source I have confirmed ISD call activation. I have not given any written request for activation. I have also not paid any deposit amount which is mandatory for ISD activation. My Number is blocked by Tata Docomo customer care Mr.Arun Raj, January 2013 Solution:After CAI's intervention, waiver posted and the number has been restored ------------------------------------------------------------------------------------- Complaint Against: Tata Indicom Termination of Tata Indicom landline. Non refund of security deposit of Rs.1000/- I had sent a written request to their office in Royapettah, for immediate refund of Rs.1000/-. They have only recorded the request under Sr. no 307984311 but nothing has happened till date. I seek the forum's help for recovery of my deposit of Rs.1000/- from Tata Indicom. Mr.Natarajan, January 2013 Solution:After CAI's intervention, the Complainant received a refund cheque for Rs.1018 from Tata Indicom. ------------------------------------------------------------------------------------- Complaint Against:...
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...Question 1- George Hewkin For Lucy, Jon would be liable for s.47. To find liability we must first establish the actus reus. Assault occasioning actual bodily harm. The assault refers to common assault so either assault or battery. In this case it’s an assault. Jon made Lucy fear immediate and unlawful (Lamb) violence. There is no need for any physical contact. The cases of Ireland and Burstow confirm that silence can amount to an assault. It’s also clear she feared unlawful violence (Logdon) as she ran off crying. The second part of the definition is occasioning, did Jon’s actions cause the harm. There are no intervening acts so its clear his actions where the operating and substantial cause. The final part of the actus reus Is the harm caused by Jon’s battery actual bodily harm. Miller defines ABH as ‘more than minimal harm’. Chan-fook established mental harm as a form of ABH. As she couldn’t go out for months after, I believe this is more than minimal harm. Actus reus established. Next the mens rea must be proven. Intention or recklessness as to causing the initial assault or battery. Savage confirms the mens rea for s.47. In this case I believe Jon had intention, it was a clear action that’s not a natural reflex or anything of that nature. It’s completely voluntary therefore it was his choice to carry it out. Liability can be established, Jon would be charged with s.47, which carries a sentence of up to 5 years imprisonment. For Malik, Jon would be liable for battery...
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...ORGANIZATIONAL SET-UP OF CONSUMER FORAS: Consumer protection laws in India enable an insurance consumer to dispute a case against an insurance provider if there has been a deficiency on their part. Deficiency in insurance services arises when there is a default or negligence on the provider’s part to settle a claim. An unreasonable delay in making the payment on a claim also amounts to deficiency of services. Government of India has framed a set of laws and legislations to protect the interests of consumers and the most important act framed by Govt, is Consumer Protection Act, 1986. This Act has provided three tier redressal agencies, i.e. District Forum, National Commission and State Commission. In India, it has to be a social movement wherein...
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...in technology and way of life. One of the most significant forces driving this development is the ability to record and deliver information across distances and at rates expanding exponentially. This is also referred to as the information age. Digital technology has changed the economy. The new terminology being used is e-marketing where the primary source of value creation for consumers has shifted from physical goods to services and information. This does not mean that everything we previously knew about business becomes irrelevant and obsolete, but it does mean that significant changes in business environment justify new approaches to thinking of the best marketing strategy and management. In summary E-commerce can be defined as an exchange of goods and services between parties, individuals and organizations as well as the electronically based intra and inter organizational activities that facilitate such exchanges.(Dave.C.,2007,p,4) There are four categories of E-commerce:- a) Business to business b) Business to consumer c) Consumer to business d) Consumer to consumer Most business still carries out the traditional ways of conducting business. This is by having a physical address where they have their products and services and translations are made there. Due to the new dot com community and ways of doing business many businesses have taken up the opportunity of conducting business online. This is because of the benefits brought about by...
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