Surajit-Consumer Protection Act

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CONSUMER EDUCATION Need for the hour

DID YOU KNOW??? : 

DID YOU KNOW??? A MAN FOUND A FOREIGN PARTICLE IN A BOTTLE OF A SOFT DRINK. HE COMPLAINED IN THE COURT AND THE COMPANY WAS FINED Rs 1,00,000/-. A MAN USED A COIN-BOX PHONE AND THE CALL BECAME ONE-WAY i.e. HIS VOICE DID NOT REACH THE OTHER PERSON. HE TRIED CALLING THRICE AND EVERYTIME, THE SAME HAPPENED. ON COMPLAINING, HE GOT A COMPENSATION OF Rs 1250 AND HIS 3 RUPEE BACK.

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CONSUMER PROTECTION ACT Surajit Saha Dept. of Pharmaceutics M.Pharm 2nd semester

PROTECTING THE CONSUMER : 

PROTECTING THE CONSUMER TWO-THIRDS of spending in the world economy ($ 30 trillion) is by consumers. YET THEY HAVE NO VOICE! New Economic Policy floods market with products—YE DIL MAANGE MORE but too little information for informed choice.

WHO IS A CONSUMER??? : 

WHO IS A CONSUMER??? Any person who buys or hires any goods or service is a consumer except if he uses such goods or service for commercial purpose. or if the goods/service provided is free of cost, the person shall not be considered a consumer. CONSUMER

Innocence leading to exploitation : 

Innocence leading to exploitation Adopting methods of deception to promote sale, use or supply of goods or services e.g. Misleading public about price (e.g. bargain price when it is not so). Charging above MRP printed. Misleading public about another’s goods or services. Falsely claiming a sponsorship, approval or affiliation. Offering misleading warranty or guarantee. Sale of spurious or sub-standard goods/services. Offering used or renovated goods as new. Using banned food colours. Misleading advertising. Manipulating price or delivery or flow of supplies to impose unjustified costs or restrictions on consumers.

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US President John Kennedy introduced the Rights for Consumers: Safety Information Choice among a variety of products and services at competitive prices A fair hearing by governments in the formulation of consumer policy KENNEDY'S BILL OF CONSUMER RIGHTS15 March 1962

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On 24 December 1986 Govt. of India Enacted the Consumer Protection Act 1986 to: Ensure Rights of Consumers Provide Remedies for deceived Consumers CONSUMERS' RIGHTS IN INDIA

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Exclusive Fora for consumer disputes in all districts, state and national capitals. 6 consumer rights specified. Consumer Protection Councils from national to state and district levels. Covers private, public, cooperative sectors. C.P. ACT IS UNIQUE

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Right to SAFETY against hazardous goods and services. Right to be INFORMED about quality, quantity, purity, standard, price. Right to CHOOSE from a variety at competitive prices. Right to BE HEARD. Right to seek REDRESSAL. Right to CONSUMER EDUCATION. Consumer's Rights under the Consumer Protection Act 1986

ALERT : 

ALERT BEFORE BUYING ANY GOODS OR SERVICE, BE SATISFIED ABOUT THE QUALITY OR QUANTITY. MAKE IT CLEAR THAT ISSUE OF RECEIPT IS MANDATORY FOR ANY PURCHASE OF Rs.200 AND ABOVE. IN ANY PACKAGED MATERIAL, THE MONTH & YEAR OF MANUFACTURE, NET QUANTITY or WEIGHT & M.R.P is MUST. If IMPORTED, it must carry the NAME & ADDRESS OF IMPORTER WITH VALID REGISTRATION DON’T PAY MORE THAN THE M.R.P. ALWAYS LOOK FOR THE DATE OF MANUFACTURE AND DATE OF EXPIRY / BEST BEFORE IN CASE OF EDIBLE AND MEDICINES.

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Name and Address of Manufacturer or Packer. Net quantity of the package (NOT gross or “weight when packed”). If sold by number, the number contained in the package should be displayed on it. Month and year of manufacture or pre-packing. In case of food items, ‘best before’ or expiry date. If imported, name and address of the importer with valid registration. MRP inclusive of taxes. No pre-packed commodity can be sold above the declared MRP in shops, hotels, restaurants, bars (including bottled water, soft and hard drinks). PACKAGED COMMODITIES RULES Every package has to carry ~

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Standardization mark is a mark or symbol given to a product, which meets certain standards with respect to the quality in terms of material used, methods of manufacturing, labeling, packaging and performance. STANDARD MARKS AND LABELS

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IF YOU GO TO TAKE THE DELIVERY OF THE LPG CYLINDER, YOU GET A DISCOUNT OF Rs 5 YOU HAVE A RIGHT TO WEIGH THE LPG CYLINDER WITH A SPRING BALANCE AVAILABLE WITH THE DISTRIBUTOR OR THE DELIVERY MAN. AT EVERY PETROL PUMP YOU CAN ASK THE STAFF TO SHOW YOU THE PURITY USING SIMPLE FILTER PAPER METHOD. SOME OTHER USEFUL INFORMATION

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ASK THE SELLER TO REMOVE THE DEFECT OR DEFICIENCY OR TO REPLACE THE GOODS. IF THE SELLER DOES NOT RESPOND OR IF YOU ARE NOT SATISFIED BY THE ACTION TAKEN BY THE SELLER, MOVE TO ANY VOLUNTARY CONSUMERS ORGANISATION. AGAINST MISLEADING ADVERTISEMENTS YOU CAN REPORT TO THE ADVERTISEMENTS STANDARDS COUNCIL OF INDIA. DECEIVED?? DEPRIVED?? CONNED??

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SYMBIOSIS SOCIETY’S LAW COLLEGE,PUNE CONSUMER GUIDANCE SOCIETY OF INDIA,MUMBAI VOICE, DELHI ADVERTISEMENT STANDARDS COUNCIL OF INDIA, MUMBAI VOLUNTARY ORGANIZATIONS INCLUDES

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THE CONSUMER PROTECTION ACT PROVIDES FOR EXCLUSIVE “FORA” FOR CONSUMER DISPUTES IN ALL DISTRICTS, STATES AND NATIONAL CAPITAL. THESE FORAs HAVE THE POWER TO DIRECT THE MANUFACTURER / SERVICE PROVIDER TO RECTIFY THE DEFECT OR PAY COMPENSATION OR ANY OTHER REASONABLE REMEDY TO THE PERSON COMPLAINING. IF THEY DO NOT FOLLOW THE FORA’s DIRECTION, THEY CAN ALSO BE IMPRIOSNED. WHAT IF THESE BODIES FAIL?

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File WITHIN 2 YEARS of cause of action in the District Forum where the seller has his business or lives or where the incident happened. Submit 3 COPIES OF COMPLAINT ON PLAIN PAPER WITH SUPPORTING DOCUMENTS (receipt, bill etc.) NO LAWYER IS NEEDED. HOW TO FILE CASE IN THESE FORAs?

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DO I NEED TO PAY ANY FEE?

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The following information must be furnished with the complaint :- Your name and full address. Name and full address of opposite party. Description of goods or services. Quality and quantity. Price. Date & proof of purchase or hiring. Nature of problem. Type of redressal you want. WHAT ALL DO I NEED TO WRITE IN COMPLAINT?

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LAW PROVIDES FOR THE FOLLOWING REMEDIES IN CASE OF A COMPLAINT:- REMOVAL OF THE DEFECTS OR DEFICIENCIES. REFUND OF MONEY. REPLACEMENT OF THE GOODS. COMPENSATION FOR LOSS OR HARASSMENT OR MENTAL AGONY. PROHIBITION OF MARKETING OF GOODS HAZARDOUS FOR HEALTH OR ENVIRONMENT. WHAT KIND OF REMEDIES CAN I ASK FOR?

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No lawyer or agent is necessary for filing complaint or to make submission. If due to lawyer’s conduct consumer suffers, it is a deficiency in service open to readress. Small nominal fees payable. No charges for dispatching notices to opposite parties etc. Every complaint shall be heard and disposed of within 90 days (150 days in case of lab test) from the date of receipt of notice by the opposite party. UNIQUE FEATURES OF CONSUMER FORA

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In India, sales in the Pharma market, is heavily influenced by the medical shop owners. In fact, the alleged bane of the Indian Pharma Market is that Pharmacists behave more as traders, than healthcare professionals. Brand substitution and OTC (over-the-counter) push sales at medical shops or chemists for Schedule H and Schedule X drugs, is common. While one way of looking at it, is seeing the situation as regulatory challenge for implementation of The Drugs and Cosmetics Act, 1940; the other understanding is that this mirrors the reality that Indian Pharma market is OTX… PHARMA MARKET- INDIA

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Knock,knock : May I come in Sir? I have brought a wonderful opportunity 4 u from my company Sir!

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Indian Pharma companies are obsessed with in-clinic product promotional activities. The doctor is at the center of the Pharma product promotional universe, due to a hyper thrust on ‘ethical promotional approach’ or product promotional approach only for prescription generation. This hyper focus has led to a scenario where the Pharmacist power to influence healthcare product consumption is GUIDED by Pharma companies. All that the Pharma companies do, is to give bonus offers or free goods or discounts in a bid to address OTC PUSH (over-the-counter push) for Pharma products and get some brand substitution sales

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For Pharma marketers and the society, this scenario highlights the importance of Pharmacies and pharmacist as healthcare provider and duty of a pharmacist towards a mangoman for protection of his consumer rights.

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Today, although there are a lot of pluses for us in India, there are a lot of minuses too. Perhaps we have carried on the non-co-operation bit too far – even after gaining Independence we are not co-operating with each other for the progress of our country! Nepotism and corruption are bhai-bhai with India! Gandhiji probably is still saying HEY RAM! at the state of India from the heavens.

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ALWAYS INSIST ON CASH MEMO LOOK FOR THE “BEST BEFORE” OR “EXPIRY DATE” WHEN BUYING FOOD OR MEDICAL PRODUCTS ALWAYS LOOK FOR STANDARD MARKS LIKE ISI, FPO, AGMARK ETC.. DO NOT PAY MORE THAN MRP. ALWAYS FIGHT FOR YOUR RIGHTS IN THE CONSUMER FORA, THE CONSUMER IS ALWAYS STRONG. THINGS TO REMEMBER

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C O N C L U T I O N

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1) Balakrishnan.V.Justice.Consumer protection Jurisprudence.Edition2004,LexisNexis.Butterworth.page no 243-247 2) www.consumer.org 3) www.consumer behaviour.com 4) www.ficci.com 5) www.symlaw.ac.in 6) www.icia.com 7) www.consumer.nic.in 8) www.commonlii.org 9) www.ncdrc.nic.in 10)www.autherstream.com 11)http://www.expresshealthcaremgmt.com/200605/market01.shtml REFERENCES

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THANK YOU