...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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...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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...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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...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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...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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...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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...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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...January 1, 2012 8:52 PM Chapter 44 Lecture Note # 1 by Spring Walton Note edited by Spring Walton on 01/03/2012 08:07PM Chapter 44 Consumer Protection I. Introduction Consumer law issues include those of contracts (including UCC sales), torts, crimes, and product liability, often acting as a backup to the failures and shortcomings of those other areas of the law. All of them provide some measure of consumer protection, yet none stand alone as being complete. They are interdependent and, as such, students must be aware of the big picture of consumer protection. This chapter covers the fourth major set of venues within a quadripartite of remedies available to a wronged or injured consumer. First, there is criminal law. Victims of consumer fraud and similar offenses have always been able to seek state-supported sanctions against wrongdoers. This venue may provide some ephemeral satisfaction for the victim and may even, at least temporarily, protect society from further harm. But criminal law does not truly make the victim whole. As a matter of fact, most of the miscreants convicted of consumer fraud are also judgment proof, i.e., they have no assets from which civil judgments can be satisfied. The second area of consumer protection is found in tort law and the permutations of intentional tort, negligence tort, and strict liability. These remedies can and do provide meaningful substance to civil correction of wrongdoing...
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...When we approach the market as a consumer, we expect value for moneyi.eright quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. An Act to provide for the better protection of the interest of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith. International Scenario: The process of development coupled with increasing liberalisation and globalisation across the country has enabled consumers to realise their increasingly important role in society and governance. However, concentration of the market power in the hands of a select few has affected consumers’ behaviour over time. In a developing country like India where the incidence of poverty and unemployment is very high and the level of literacy is very low, the people face a volume of problems, particularly in the context of consumer related issues. Unlike in the developed world, consumers in these countries have not been able to play a greater role in the development process. The purpose of economic planning is to allocate resources, as far as possible, for the maximum satisfaction of consumers’ needs. Any goods or services produced in an economy are ultimately meant for consumers. There is a logical, moral and political force in the proposition that the consumers themselves should have the right...
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...marketers, these are: The sale of goods act 1979, The consumer protection – distant selling – regulation, The data protection act 1998, The consumer credit act 1974 + 2006 and The consumer protection from unfair trading regulation 2008. The Sale of goods Act 1979 - The sale of goods act is an act enforced by the United Kingdom’s parliament. The act regulates the English and commercial law in respect of goods that are bought and sold in England. Marketers must be conscious that their products match descriptions and pictures when selling online or designing packaging, if it doesn’t consumers could sue the company they work for or sue them which would either result in disciplinary action or a dismissal P45. The goods sold must be of good quality and in good working order. Marketers must let customers know of any defect prior to the selling of the product. These goods must also be fit for purpose, should an event occur where a product was not fit for purpose (such as a waterproof jacket that isn’t waterproof) through no fault of the customer, a full refund must be issued. Since 1979 the act has been modified, the 2003 act says that should a customer find fault with a product sold they are entitled to a full refund, compensation or replacement. For example, if an item were to be sold off of EBay and the seller was not to state that the product had a defect then the buyer is entitled to a full refund under the sale of gods act....
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...CRITICALLY ASSESS THE VIEW THAT BUSINESSES HAVE A MORAL DUTY TO PUT THEIR CONSUMERS FIRST 1.0 Introduction Nowadays, Malaysia has become one of the develop countries in the world. Many new things have been developed and improved in terms of business administration, economy, facility, technology, culture, education system, and so on. All of these things have a significant relationship with the law. People or organization has the right to be protected and the law have been created to make people’s lives more comfortable and peacefully. Laws have been used to protect consumers for centuries. These laws have been designed in a variety of legal forms, including criminal law, tort, contract, intellectual property, etc. In addition to those laws that specify consumer protection and product liability as their primary concern, numerous other provisions have the effect of protecting the consumer, for example by streamlining the prosecution of fraud, protecting property or facilitating litigation. This study will examine the critically assess the view that businesses have a moral duty to put their consumers first. Legislation of consumer protection in Malaysia now is entering to the new era with the recent introduction of the Consumer Protection Act 1999. 2.0 Business moral duty and consumer protection 2.1 Business moral duty A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical consideration, it is a business moral duty. Often...
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...Information Technology Acts Eric Mahoney BIS/220 July 14, 2014 Julie Ruse Information Technology Acts As technology has advanced, the need to set rules and regulations have increased to protect consumers from abuse from corporations as they use this new technology. With the speed of new leaps in the technological advances Congress has created laws such as Do Not Call Implementation Act (2003), Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (US Patriot Act) 2001, Children's Internet Protection Act (2000), No Electronic Theft (NET) Act (1997), Telephone Consumer Protection Act (TCPA) 1991, Video Privacy Protection Act, 1988 and the Computer Fraud and Abuse Act (1986). These are just a few that have come into existence from the information boom. This paper will focus on the Telephone Consumer Protection Act and the Do Not Call Implementation Act. Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 as an answer to the consumer concerns about the rising number of unsolicited telephone marketing calls to their homes. ("Unwanted Telephone Marketing Calls", n.d.) The use of automated and prerecorded messages also helped push the call for federal regulation to be put into place. In response the FCC (Federal Communication Commission) set rules that necessitate that anyone making a solicitation call to your home must make available his or her name, the name of the person or entity on whose behalf...
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...TABLE OF CONTENT TABLE OF CONTENT 2 ABSTRACT 4 CHAPTER 1 5 INTRODUCTION 5 1.1 Online Shopping 5 1.2 Security Issues 6 1.3 Computer Crimes Act 1997 7 1.4 Penal Code - Cheating 7 1.5 Electronic-Commerce Act 2006 8 1.6 Consumer Protection Act 1999 8 1.7 Tribunal for Consumer Claim (TCCM) 10 CHAPTER 2 11 FRAUD AND DECEPTION 11 CASES REPORTED 11 2.1 Statistic by PDRM 13 2.2 Statistic by KPDNKK 13 CHAPTER 3 14 RELATION WITH LAW AND ETHICS 14 3.1 Law Related Issues 14 3.5 Ethical and Morality Issues 16 CHAPTER 4 17 RECOMMMENDATION 17 4.1 Consumers Awareness 17 4.2 Enforcement Agency 18 CHAPTER 5 19 CONCLUSION 19 REFERENCES 20 STATUTE 20 ABSTRACT The development of the Internet and the globalization of market have brought changes in business and marketing throughout the world including Malaysia. The increase in world trade due to globalizations has received immense criticisms from society for its detrimental impact on the environment and causing social as well as trade injustices. These issues have led to the emergence of ethical consumers, who challenge business practices by demanding a more ethical conduct in the marketplace. The current legal framework is inadequate to serve as efficient and effective tools of control in protecting consumers against illegal and harmful online business despite the existence of several legislation, guidelines and codes of practice regulating online shopping. The government should think of ways and means of appropriate...
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...The Act of 2003 and Act of 1991 Stephanie L. Montgomery BIS/220 Version1 October 6, 2013 Nabih Zourob The Do-Not-Call Implementation Act of 2003 was largely voted in the House of Representative but a vote count of 418 to 7 approved on February 12, 2003 which the Federal Trade Commission proposed the National Do-not-call-Registry without amendment and President George W. Bush signed a government wide spending bill approving funds for the National Registry. This National Registry would allow Consumers to register on online or through the toll-call-national number in which will protect the Consumers rights of not having calls by Tele-marketers for five years span. After the five years span consumers have the right to renew their phone numbers every five years on this National Registry List and Telemarketers are responsible to update their list every three months by doing so they would not be fined. If they do not honor the National Registry List they will be fined up to amount of $11,000 dollars for their violation. Noted by (Bagner), (Evansburg), (Watson), and (Welch) ( 2003), the Article FTC’s “ Do-Not-Call Program passes Congress” and received funding the National Registry fees will be collected principally from Tele-marketers. Tele-marketers complained that the cost associated with the National Registry could reach into the millions of dollars including Federal Trade Commission or FTC’s fees and expenses, such as new equipment and operator training. However...
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