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Hand Book for Gaon Burahs and Panchayati Raj Leader

Hand Book for Gaon Burahs and Panchayati Raj Leader

Hand Book for Gaon Burahs and Panchayati Raj Leader

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118CHAPTER – XXVIICONSUMER PROTECTION ACT 1986This is a unique piece of legislation to protect the consumers interest, bythe Govt. throughout the country. Various kinds of trade exploitations, such ashoarding & black marketing, exorbitant pricing, short weighment &measurement, selling of defective goods etc. are common experiences incommercial sector <strong>and</strong> hence various legislation, such as EssentialCommodities Act, St<strong>and</strong>ard of Weights & Measures Act, food Adulteration Act,Drugs Control order etc. are also in existence to curb those unscrupuloustrade activities. But the basic difference of this C.P. Act, 1986 with otherconsumer safeguarding Act is that, unlike any other Act, which are eitherpunitive or preventive in nature, this C.P Act aims to compensate the lossincurred by the consumer by way of awarding appropriate compensation.There has already been established a three tier quasi-judicial institutions,namely District Forum, State Commission <strong>and</strong> National Commission, whichare functioning in district level, State level <strong>and</strong> National level through out thecountry <strong>for</strong> this purpose under this Act.SALIENT FEATURE OF CONSUMER PROTECTION ACT, 861. Who is a Consumer?Consumer is one who buy any goods or hires any services <strong>for</strong> aconsideration which has been paid or promised to be paid under any deferredsystem of payment. This includes user of such goods or services as well.2. What are the Consumer Rights?There are 6 (six) rights of the consumer under Consumer Protection Act,1986. These are:-1. Right to ‘Safety’.2. Right to be ‘In<strong>for</strong>med’.3. Right to ‘Choose’.4. Right to be ‘Heard’.5. Right to seek ‘Redressal’ <strong>and</strong>6. Right to ‘Consumer Education’.3. What constitute Consumer Complaint?Under the C.P. Act, a complaint means any allegation in writing made bythe complainant in regard to one or more of following:-(a) That, he has suffered loss or damages as a result of any unfairtrade practice adopted by any trader.(b) That, the goods mentioned in the complaint suffer from one or moredefects.(c) That services mentioned in the complaint suffer from deficiencies inany respect.(d) That, a trader has charged <strong>for</strong> the goods mentioned in thecomplaint, a price in excess of the actual price.

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