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Consumer Protection Act 1986 Pdf Notes Pdf
Consumer Protection Act 1986 is important to pharmacists. because According to the Supreme Court Medical services are covered under the definition of services that has rendering or consultation, diagnosis and treatment both medical and surgical.
Object - To supply for better protection of the interests of consumers. By establishment of consumer councils and other authorities for the settlement of consumers disputes and matters connected therewith.
Consumer Protection Act came into force on 24 December, 1986 and extends to the entire of India except the State of Jammu and Kashmir.
Definitions Under Consumer Act
Complaint means any allegation in writing made by a complainant that. -
1) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.
2) the products bought by him or agreed to be bought by him suffer From one or more defects.
3) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.
(4) a trader or the service provider has charged for the products or for the services mentioned within the complaint, a price in more than the price. (a)fixed by or under any law for the nonce in force.
(b) or displayed on the products or any package containing such goods.
(C) displayed on the worth list exhibited by him by or under
any law (d) agreed between the parties.
5) Goods which can be hazardous to life and safety when used, are Being offered purchasable to the general public. (a) in contravention of the provisions of any standard concerning safety of such goods are required to be complied with, by or under any law in force.
(b) If the trader could have known with due diligence that the products so offered are unsafe to the public.
(vi) services which are hazardous or likely to be hazardous to life and safety of the general public when used, are being offered by the service provider., which such person could have known with due diligence to be injurious to life and safety. with a view to obtaining any relief provided by or under this Act.
consumer means any person who,
(1) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of credit. and includes any user of such goods other than the one that buys such goods for consideration paid promised or partly paid or partly promised, or under any system of deferred payment when such use is formed with the approval of such person. but doesn't include an individual who obtains such goods for resale or for any commercial purpose or.
(2) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised., or under any system of credit and includes any beneficiary of such services aside from the one that hires or avails for consideration paid or promised, or partly paid and partly promised, or under any system of credit ,when such services are availed of with the approval of the primary mentioned person.
defect means any fault, imperfection or shortcoming within the quality, quantity, potency, purity or standard. which is required to be main-tained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods.
Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the nonce effective or has been undertaken to be performed by an individual in pursuance of a contract or otherwise in relation to any service.
Restrictive trade practice means any trade practice which needs a consumer to shop for , hire or avail of any goods or, because the case could also be , services as a condition precedent for purchasing , hiring, or availing of other goods or services.
Service means service of any description which is formed available to potential users and includes the supply of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction.
Entertainment, amusement or the purveying of news ir other information , but does not include the renderering of any other service free of charge or under contract of personal service.
Spurious goods and services mean a such good and services which are claim es to be genuine but they are actually not so.
Trader in relation to any good mean a personal who sell or distribute any good for sale and include the manufacturer. thereof and where such good are soldiers or distribute in package form include the packer.
Following Consumer Dispute Redreseal Agencies are setup under the Consumer Protection Act 1986 in short Notes. :
A) District Forum established by the government in each district.
B) State Commission estabilished by the state government in the state and.
C) National Consumer Dispute Redressal Commission established by Central Government.
District Forum the state commission or national commission shall not admit a complaint unless it's filed with in two years from the date on which the explanation for action has arisen.
Where a trader or an individual against who a complain is formed or the complainant faila or omits to suits any order made by district Forum. , the State Commission or the National , because the case could also be such trader or person or the complainant shakl be punishable with imprisonment for a term which shakl not be less than Rs 2000. but which may extend to Rs 10,000 or with both.
The provision of this act shall be in addition to and not in derogation of the provision of any other law for the time being in force.
No suit, prosecution or other legal proceeding shakl lie against the member of the district Forum. , the State Commission or the National Commission for executing any order made by it or in respect of anything. , which is in straightness done or intended to be done by such member , officer or person under this act or under any rule or order made thereunder.
Conclusion
Consumer Protection Act of 1986 is important to pharmacists due to the Supreme Court Medical services are covered under the definition of services that has rendering or consultation, diagnosis and treatment both medical and surgical.
1) The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.
2) A Trader or the service provider has charged for the products or for the services mentioned within the complaint, a price in more than the price fixed by or under any law for the nonce in force.
3) Services which are hazardous or likely to be hazardous to life and safety of the general public when used, are being offered by the service provider, which such person could have known with due diligence to be injurious to life and safety; with a view to obtaining any relief provided by or under this Act.
4) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised. or under any system of credit and includes any user of such goods other than the one that buys such goods for consideration paid promised or partly paid or partly promised. , or under any system of deferred payment when such use is formed with the approval of such person, but doesn't include an individual who obtains such goods for resale or for any commercial purpose.
5) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of credit. and includes any beneficiary of such services aside from the one that hires or avails for consideration paid or promised, or partly paid and partly promised. , or under any system of credit ,when such services are availed of with the approval of the primary mentioned person.
6) Restrictive trade practice means any trade practice which needs a consumer to shop for , hire or avail of any goods or, because the case could also be , services as a condition precedent for purchasing , hiring, or availing of other goods or services.
7) Service means service of any description which is formed available to potential users and includes the supply of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction.
8) Entertainment, amusement or the purveying of news ir other information , but does not include the renderering of any other service free of charge or under contract of personal service.
9) Spurious goods and services mean a such good and services which are claim es to be genuine but they are actually not so.
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